PROCUREMENT METHODS AND PROCEDURES

Jacksonville Ordinance Code tit. V, ch. 126, pt. 3, subpt. C

in effect

Jacksonville Ordinance Code § 126.305 Pre-selection procurement methods.

Sec. 126.305. - Pre-selection procurement methods. (a) Authorization. The Chief may authorize any one or more of the following Pre-Selection Procurement Methods below. (1) A Request for Information (RFI). The Chief, in consultation with the using agency, may issue a Request for Information solicitation to collect information about the capabilities of bidders. (2) A Request for Qualifications (RFQ). The Chief, in consultation with the using agency, may issue a Request for Qualifications solicitation to solicit information from bidders to evaluate a bidder's qualifications and qualify two or more bidders for future solicitations. (3) An Intent to Bid (ITB). The Chief, in consultation with the using agency, may issue an intent to bid which is intended to provide notice and information to potential bidders. The publication of an intent to bid does not obligate the City to make the purchases referred to in the intent to bid. (Ord. 2023-20-E, § 3)

Jacksonville Ordinance Code § 126.306 Procurement methods and selection.

Sec. 126.306. - Procurement methods and selection. (a) Procurement methods. The following procurement methods are authorized under this Chapter and governed by applicable procurement laws, including, but not limited to, the state procurement laws referenced: (1) Invitation to Bid (ITB) (F.S. Ch. 255); (2) Request for Proposals (RFP) (F.S. Ch. 255); (3) Competitive Multi-step Bidding (F.S. Ch. 255); (4) Consultants' Competitive Negotiation Act (CCNA) (Architectural, Engineering, Landscape Architectural, or Surveying & Mapping Services) (F.S. § 287.055); (5) Design-Build Contracts (F.S. § 287.055); (6) Construction Management and Program Management (F.S. § 255.103); (7) Invitation to Negotiate (ITN); (8) Single-Source Procurements; (9) Emergency Procurements; (10) Guaranteed Energy, Water, and Wastewater Performance Savings Contracting (F.S. § 489.145); (11) Public Private Partnerships (F.S. § 255.065); (12) Unsolicited Proposals; (13) Government Collaborative Agreements; (14) Government Joint Projects; (15) Government Auction Purchases; (16) Government Procured Contracts (Piggyback); (17) Short-Term No Costs Pilot Projects; (18) Direct Negotiations; and (19) Any other procurement method permitted by state law and/or used by state agencies. (b) Choice of procurement method. The Chief, after consulting with the using agency shall have the discretion and authority to select the source selection method that is deemed to be in the City's interest and consistent with the purposes and guiding principles set forth in this Code. (c) Procedures regarding pre-selection and procurement methods. The Chief shall promulgate definitions and procedures that are customary, standard, and to the extent feasible, commonly considered a best practice in public procurement regarding the listed Pre-Selection and Procurement Methods authorized in this Section. Such procedures shall not be inconsistent with any applicable governing law, including the requirements of this Code. Such procedures may include without limitation, conditions for use of such method, public notice requirements, solicitation opening, acceptance, evaluation, corrections, withdrawal, and award. (d) Procurement Operating Manual. The Chief shall develop, prepare, and maintain the Procurement Operating Manual, which shall include rules, regulations, and procedures relative to the implementation of this Chapter. Such rules, regulations and procedures shall not be inconsistent with this Code or any applicable governing state or federal law. Based on the Chief's recommendations, JPAC shall recommend to the Mayor for approval amendments to the Procurement Operating Manual. Any such amendment to the Procurement Operating Manual shall not become effective until 30 days after the Mayor's approval of the amendment. The manual shall at a minimum prescribe rules and regulations regarding: (i) Procurement operations to be followed by using agencies, the Division, and the business community; (ii) Specifications for standardized items purchased by the City and using agencies; (iii) Procedures for the pre-selection and procurement methods in accordance with this Part, subject to applicable federal, state, and local laws; (iv) Procedures as needed for the purchases, supplies, services, and agreements that are exempt from competitive solicitation under this Chapter; (v) Types of services and any matters related thereto (e.g., capital improvements, professional services, including design services, contractual services, and supplies); (vi) Any electronic procurement system used and implemented by the City in accordance with this Chapter; (vii) Bid protest procedures not inconsistent with Part 9 of this Chapter; (viii) Performance and payment bonds, bid bonds and other security; (ix) Contracts, including purchase orders, executed pursuant to this Chapter; (x) Required solicitation, contract, and bond forms, subject to review by the Office of General Counsel; (xi) Pre-qualifications for bidders not otherwise prohibited by law; (xii) Value engineering not otherwise prohibited by law; (xiii) Novation, change of name, change of business status or assignment; (xiv) A system of contractor performance ratings regarding the Contractor's performance in City contracts; (xv) Ethics in public contracting; (xvi) Procedures regarding the owner direct purchase of supplies in accordance with Section 126.306(h); (xvii) Procedures regarding the Buy American Program and Local Business Participation Policy in Part 7 of this Chapter; and (xviii) A listing of contract provisions required by law to be included in contracts executed pursuant to this Chapter. Nothing in this Section shall be construed as limiting or superseding the provisions of this Chapter. The Chief shall issue the Procurement Operating Manual and shall ensure compliance therewith by the using agencies. The regulations and procedures contained in the Procurement Operating Manual shall represent a complete plan of operation for the City's procurement system. Upon the Mayor's approval of amendments to the Procurement Operating Manual, the Chief shall promptly file copies of the amendments with the Council Secretary, Inspector General, and Council Auditor. The Inspector General, and Council Auditor may provide the Chief with comments regarding the amendments prior to the amendments becoming effective. (e) Emergency procurements; procedures. The Chief shall promulgate emergency purchasing procedures in the Procurement Operating Manual for all types of procurements, including supplies, contractual services, capital improvements, professional services, and professional design services. The emergency procurement procedures shall be consistent with this Code and applicable state law. Procurements subject to F.S. § 255.20, shall meet the emergency requirements provided in F.S. § 255.20. (f) Required notice regarding certain procurement methods. The Chief shall provide a quarterly report to the Mayor, City Council, Council Auditor, and Office of Inspector General of all formal awards identified as single-source or emergency purchases made each quarter pursuant to this Chapter. Additionally, the Chief Administrative Officer or Chief shall present a quarterly in-person report to the City Council Finance Committee regarding all single-source purchases made each quarter pursuant to this Chapter in excess of $50,000. Such in-person report shall be presented to the City Council Finance Committee on a day and time as determined by the Finance Committee Chair. (g) Minimum responses for professional services; resolicitation required. Solicitations for professional services shall require no less than three supplier responses. If solicitations for professional services receive responses from less than three suppliers, the Chief shall resolicit proposals from suppliers, unless the Chief determines in writing, in consultation with the using agency, that no advantage would be obtained by resoliciting. (h) Owner Direct Purchases of Supplies. The City shall use applicable state sales tax exemptions in accordance with F.S. Ch. 212, and any applicable state administrative rules and regulations, by directly purchasing, in lieu of the contractor, the supplies necessary for a capital improvement procurement made pursuant to this Chapter, subject to this subsection. The Chief shall require in every capital improvement solicitation that the contractor include on the schedule of values the total line-item costs by type for each supply purchase necessary for the project. The City shall purchase by type each supply identified on the schedule of values having a cost of $100,000 or more for non-JSEB contracts and $10,000 or more for JSEB set aside contracts. The Chief shall ensure that using agencies adhere to the requirements of this subsection, unless the Chief determines, based on satisfactory written justification provided by the using agency, that the City's purchase of supplies for a capital improvement procurement is not feasible, economical, or beneficial to the City's interests. (Ord. 2023-20-E, § 3)

Jacksonville Ordinance Code § 126.307 Selection procedures for independent audit firm.

Sec. 126.307. - Selection procedures for independent audit firm. In accordance with Section 5.11 of the Charter and the selection procedures set forth in F.S. § 218.391, the annual independent audit shall be performed by an accountant, or an accounting firm selected by City Council. The public notice or advertisement as well as receipts of responses shall be handled by the Division. The Council Auditor shall, within one business day, notify the Chief of the introduction of the proposed ordinance or resolution making the award, and the Chief shall place the title to such ordinance or resolution on the next JPAC agenda for informational purposes. Once the ordinance or resolution making the award becomes effective the Council Auditor's Office shall, within three business days, notify the Chief, and the Chief shall include the awarding of the service on the next JPAC agenda for informational purposes. The notifications set forth in this Section shall not create the requirement for any notices or advertisements not otherwise required by this Chapter 126. (Ord. 2023-20-E, § 3)

Jacksonville Ordinance Code § 126.308 Selection procedures for sports and entertainment facilities promoter and/or manager.

Sec. 126.308. - Selection procedures for sports and entertainment facilities promoter and/or manager. (a) City Council approval required. Notwithstanding anything to the contrary in this Chapter, no contract with the City of Jacksonville, to manage or promote a sports or entertainment facility, which contract is awarded after May 22, 2012, shall be valid or binding against the City, unless and until approved by the City Council; and no City officer or employee shall execute same without City Council approval. This Section shall apply to all applicable proposed contracts, whether negotiated and preliminarily approved through the professional services processes of this Part, or by any other process. (b) City Council's right to accept, reject or modify contract. In considering any proposed contract referred to in subsection (a) above, the City Council may accept, reject, or propose modifications to any such proposed contract, and may, subject to the approval of the other contracting parties, modify the terms thereof, including but not limited to the scope, financial, duration, renewal, and termination terms of the proposed contract; it being the intent of the City Council that no third party shall have any interest, anticipation or expectation in or to any proposed terms of a contract until such is approved by City Council and executed by all signatories thereto. (Ord. 2023-20-E, § 3)

Jacksonville Ordinance Code § 126.309 Selection procedures for financial instruments, investments, and services.

Sec. 126.309. - Selection procedures for financial instruments, investments, and services. (a) Exemption. Pursuant to Chapter 110, Part 2 of the Code, as the same may be revised from time to time, all deposits and investments of City capital, including the General Employee Pension Fund, and other applicable financially related services, including, without limitation, credit enhancement, liquidity support, investment managers, financial and/or investment advisors, issuing, paying and/or tender agents, rating agencies, printing of preliminary and/or final official statements, offering memorandum, bonds, notes and/or commercial paper, and similar services that are offered in a limited market, that involve complex negotiations, or that require a limited time frame as necessary for a financial transaction involving bonds, notes, commercial paper or other similar transactions, may be procured in accordance with the City's Pension and Treasury Procurement Procedures. Notwithstanding the requirements of the City's Pension and Treasury Procurement Procedures, the Director and the City Treasurer, in cooperation with the Chief, shall develop written criteria and procedures necessary to evaluate and procure financially related services under this Section, which shall include, without limitation, such factors as historic investment performance, fee structure, professional staff, size of firm, research capabilities, area of specialization, strategic fit with the overall financial service goals and objectives. (b) Notice. Any public notice or advertisement required under procurement procedures developed in accordance with this Section, as well as responses thereto, shall be forwarded to the Division within one business day. Once an award is made pursuant to such procurement procedures, the Director shall notify the Chief within one business day, and the Chief shall include the awarding of the service on the next JPAC agenda for information purposes. When the procedures developed in accordance with this Section are used for awards that are not time-sensitive, the Chief shall be notified prior to public notice or advertisement for solicitations, and the Chief shall place the public notice or advertisement on the JPAC agenda for informational purposes prior to solicitation or advertisement being made. The advanced notification requirement set forth in the preceding sentence shall not apply to time-sensitive bond, investment, cash, and other such related services as set forth in the written procedures developed in accordance with this Section. The notifications set forth in this subsection (b) shall not create the requirement for any notices or advertisements not otherwise required by this Chapter 126. (Ord. 2023-20-E, § 3)

Jacksonville Ordinance Code § 126.310 Selection Procedures for Federal or State Lobbying or Grant Writing Professional Services Contracts.

Sec. 126.310. - Selection Procedures for Federal or State Lobbying or Grant Writing Professional Services Contracts. (a) Notwithstanding anything to the contrary in this Chapter, no single-source, or other non-competitively awarded, contract with the City of Jacksonville to provide federal or state lobbying or grant writing professional services shall be valid or binding against the City, unless and until approved by the City Council; and no City officer or employee shall execute the same without City Council approval. This Section shall apply to all applicable proposed single-source and other non-competitively awarded contracts for federal or state lobbying or grant writing professional services, whether negotiated and preliminarily approved through the professional services processes promulgated pursuant to this Part, or by any other process. (b) In considering any proposed contract referred to in subsection (a) above, the City Council may accept, reject, or propose modifications to any such proposed contract, and may, subject to the approval of the other contracting parties, modify the terms thereof, including but not limited to the scope, financial, duration, renewal, and termination terms of the proposed contract; it being the intent of the City Council that no third party shall have any interest, anticipation or expectation in or to any proposed terms of a contract until such is approved by City Council and executed by all signatories thereto. (Ord. 2023-871-E, § 2)

Jacksonville Ordinance Code § 126.311 Payment of City contracts.

Sec. 126.311. - Payment of City contracts. (a) Compliance with contract terms and timing. All City payments made pursuant to a contract, including a purchase order, or award under this Chapter shall be made in accordance with the terms of the award and/or contract. The City shall endeavor to pay contractors monthly, upon proper payment application to the applicable City Department. City Departments are to perform all necessary inspections and otherwise endeavor to ensure that prompt review and as applicable approval that certified work is completed. The City shall pay all approved invoices promptly and in accordance with F.S. Ch. 218, Pt. 7 (Local Government Prompt Payment Act). (b) Certification of payment by contractor. As a condition precedent to the City's obligation to make a progress or final payment on a capital improvement project, a prime contractor shall give to the City a payment affidavit stating, if that be the fact, that any and all subcontractors, suppliers, laborers and others furnishing labor, services, or materials on the capital improvement project under contract with or at the direction of the prime contractor have been paid in full or, if the fact be otherwise, showing the names and contact information for all subcontractors, suppliers, laborers and others who have not been paid in full and the amount due or to become due each of them for labor, services, or materials furnished. The affidavit should be in a form approved by the Director. (c) Joint Payment. (1) All contracts in amounts up to $500,000, where payment or performance bonds have been waived in accordance with Section 18.11 of the Charter, shall provide for the joint payment of contractors and subcontractors for services rendered. (2) As to all other contracts not included in subsection (1) above, where payment or performance bonds are not required as a matter of law, the City may, at the City's option, pay the contractor and any sub-contractors jointly. (Ord. 2023-20-E, § 3; Ord. 2023-871-E, § 2)

Jacksonville Ordinance Code § 126.312 Required contract provisions.

Sec. 126.312. - Required contract provisions. All contracts made pursuant to this Chapter shall include any contract provisions required by law. The Chief shall detail in the Procurement Operating Manual all such required contract provisions to be included in contracts executed pursuant to this Chapter. (Ord. 2023-20-E, § 3; Ord. 2023-871-E, § 2)

Jacksonville Ordinance Code § 126.313 Informal purchases and sales transactions for in-kind services.

Sec. 126.313. - Informal purchases and sales transactions for in-kind services. Prior City Council approval shall be required under this Chapter for in-kind services awards or contracts that require City Council approval pursuant to Section 106.441 and Chapter 113, Part 5 of the Code. (Ord. 2024-46-E, § 7)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITVADPE_CH126PRCO_PT3PRTHMOMEPR_SPCPRMEPRFetched: 10/27/2026