SOURCE SELECTION

Orlando City Code ch. 7, art. III

in effect

Orlando City Code § 7.300 Methods of Source Selection.

Sec. 7.300. - Methods of Source Selection. A. Exemptions from Competitive Procedures. All purchases shall be made by competitive procedures except: 1. Where otherwise authorized by law, ordinance, policies and procedures, or City Council action; 2. As specifically provided in Sections 7.308 through 7.310; 3. When purchasing construction services, supplies or services from public entities; 4. When purchasing off of or utilizing a public entity or cooperative contract, or otherwise making a purchase pursuant to Section 7.1000; or 5. Where, for good cause shown and in the best interests of the City, the Chief Procurement Officer, with approval from the Chief Financial Officer, authorizes the procurement of construction, supplies or services without strict compliance with the provisions of this Code in order to best serve the general public health, welfare or safety. B. Preferred Method. The preferred method of procurement shall be competitive sealed bidding. C. Single Response. Where only one response is received to a solicitation, an award may be made to such respondent if the Chief Procurement Officer determines: (1) that the price submitted is fair and reasonable; (2) that other prospective respondents had a reasonable opportunity to respond; and (3) that it is in the best interest of the City to proceed with award. Otherwise, a single response to a solicitation may be rejected pursuant to Section 7.312, and the Chief Procurement Officer may: (1) cancel the proposed procurement; (2) solicit new bids, proposals, or sealed replies; or (3) proceed with procurement as otherwise provided in this Code. D. Reciprocal Local Preference. When the City is required to procure supplies or services through competitive solicitation and the lowest responsible and responsive bid, proposal, or reply is by a vendor whose principal place of business is in a city, county, or state ("area") which grants a preference for the procurement of such supplies or services to a vendor whose principal place of business is in such area, then the City may award a preference to the lowest responsible and responsive vendor having a principal place of business in the Metropolitan Statistical Area (MSAs, i.e. Orange, Seminole, Lake and Osceola counties), which preference is equal to the preference granted by the area in which the lowest responsible and responsive vendor has its principal place of business. 1. This Reciprocal Local Preference shall not apply to the following procurements: a. Professional services which are subject to the Consultants Competitive Negotiations Act, Section 287.055, Florida Statutes, as amended; b. Procurements for which funding is received and local vendor preference is prohibited pursuant to any law, rule, regulation or policy; c. Procurements made utilizing cooperative purchasing agreements with other governmental or public entities; d. Procurements from local, State, GSA, and other federal contracts, and other public entities. e. Procurements made under emergency procedures as set forth in the City's Policy and Procedures; and f. Procurements made for items that have been deemed a sole source. g. Procurements where the principal place of business of a proposer or vendor cannot be reasonably determined. 2. In determining the award of a contract, the City Council will apply this section as to best serve the interest of the City. (Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Orlando City Code § 7.301 Competitive Sealed Bidding.

Sec. 7.301. - Competitive Sealed Bidding. A. Invitation for Bids. Competitive sealed bids shall be solicited through an Invitation for Bids. The Invitation for Bids shall include specifications and all material contractual terms and conditions applicable to the procurement. B. Prequalification. A prequalification process may be conducted prior to the issuance of an Invitation for Bids in order to establish a list of qualified bidders. In the event a prequalification process is used, the City may limit consideration to the bids that are submitted from prequalified bidders. C. Public Notice. Public notice of the Invitation for Bids shall be given a minimum of five (5) calendar days prior to the date set forth therein for the opening of bids. Where it can be demonstrated that an urgent requirement for supplies or services exists, the requirement for public notice may be waived by the Chief Procurement Officer. D. Bid Opening. Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the Invitation for Bids. The name of each bidder, together with such other relevant information as may be specified in the Invitation for Bids, shall be documented for the record. Bids and bid files shall be made available for public inspection in compliance with Florida public records laws. E. Bid Acceptance. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this Code. F. Correction or Withdrawal of Bids. Correction or withdrawal of inadvertently erroneous bids shall be permitted up to the time of bid opening. After bid opening, no changes in bid prices or to other provisions of the bid, shall be permitted; however, the Chief Procurement Officer shall have the authority to waive minor irregularities. G. Bid Evaluation. Bids shall be evaluated based on the requirements set forth in the Invitation for Bids, which may include criteria to determine acceptability, such as inspection, testing, quality, workmanship, delivery and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs and total or life cycle costs, etc. The Invitation for Bids shall set forth the evaluation criteria to be used. No criteria may be used in bid evaluation that is not set forth in the Invitation for Bids. H. Award. The contract shall be awarded to the lowest responsive and responsible bidder whose bid meets the requirements and criteria set forth in the Invitation for Bids. I. Award to Other than Low Bidder. When award of a solicitation is not granted to the apparent low bidder, a statement of the reason for award to the next lowest responsible and responsive bidder should be prepared and made a part of the record file. J. Tie Bids. If there are two or more low, responsive bids from responsible bidders that are identical in price and other evaluation criteria, the bid may be awarded to the bidder whose principal place of business is in the City. If neither tie bidder's principal place of business is in the City, but one bidder's principal place of business is located in the Metropolitan Statistical Area (MSA), award may be made to the bidder whose principal place of business is located within the MSA. In the event that the tie bid is not determined by the location of the bidder's principal place of business as set forth above, the Chief Procurement Officer shall not consider the location of respondents in making an award or award recommendation, but may solicit best and final bids from the tie bidders or award may be made in accordance with procedures set forth in the solicitation or as required by applicable law or a policy adopted by City Council. Notwithstanding the preceding provisions of this paragraph, in the event that a solicitation which results in a tie bid (i) involves work that is funded by the State or Federal government (or for which reimbursement may be sought from such entities), (ii) is a cooperative purchase with another public entity, (iii) or where application of a local preference is precluded by applicable law or a policy adopted by City Council, the Chief Procurement Officer shall not consider the location of respondents in making an award, or award recommendation, but may solicit best and final bids from the tie bidders or proceed as otherwise set forth in the solicitation or as required by applicable law or a policy adopted by City Council. K. Multistep Sealed Bidding. The Chief Procurement Officer may use a source selection method involving two or more competitive steps, combining the elements of both competitive sealed bids and any other authorized procurement method or procedure. (Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Orlando City Code § 7.302 Competitive Sealed Proposals; Request for Qualifications.

Sec. 7.302. - Competitive Sealed Proposals; Request for Qualifications. A. Determination of Use. A contract for the procurement of supplies, services, professional services, or construction may be entered into through solicitation of competitive sealed proposals or qualification statements when the Chief Procurement Officer determines that the use of competitive sealed bidding or other authorized procurement methods are either not practical or not advantageous to the City, including but not limited to, a contract for: 1. The procurement of professional or consulting services; or 2. The procurement of construction manager-at-risk and design-build construction project delivery services. B. Request for Proposals; Request for Qualification Statements. Competitive sealed proposals shall be solicited through a Request for Proposals (RFP). Competitive sealed qualification statements shall be solicited through a Request for Qualifications (RFQu). C. Prequalification; Short Listing. A prequalification or short listing process may be conducted as part of or prior to the issuance of an RFP or RFQu. In the event a prequalification or short listing process is used, the Chief Procurement Officer may limit consideration to responses that are submitted from the prequalified or short listed respondents. D. Public Notice. Public notice of an RFP or RFQu shall be given in the same manner as provided for competitive sealed bidding. E. Receipt of Responses. Proposals and qualification statements shall be opened and held in accordance with Florida public records laws. F. Evaluation Criteria. The RFP or RFQu solicitation shall state the criteria to be used in the evaluation of the responses, and shall include their relative importance. G. Advisory Committee. The Chief Procurement Officer may appoint an advisory committee to evaluate and rank the responses and make a recommendation based on the criteria set forth in the solicitation. H. Discussion with Responsible Respondents and Revision to Responses. As provided in the RFP or RFQu solicitation, discussions may be conducted with responsible respondents who submit responses determined to be reasonably acceptable of being selected for award for the purpose of clarification and to assure full understanding of, and responsiveness to, the solicitation requirements. Such respondents shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of responses and such revisions may be permitted after submission prior to award for the purpose of obtaining best and final offers. I. Award. Award shall be made to the responsible respondent whose proposal or qualification statement is determined to be the most advantageous to the City, taking into consideration the evaluation criteria set forth in the solicitation. (Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Orlando City Code § 7.303 Competitive Sealed Replies.

Sec. 7.303. - Competitive Sealed Replies. A. Determination of Use. When the Chief Procurement Officer determines that procurement by an Invitation for Bids or other solicitation method, is not in the best interest of the City, and that negotiation may be necessary for the City to receive the best value, the Chief Procurement Officer may procure commodities and contractual services by competitive sealed replies. B. Invitation to Negotiate (ITN). Competitive sealed replies shall be solicited through an Invitation to Negotiate (ITN). C. Prequalification; Short Listing. A prequalification or short listing process may be conducted as part of or prior to the issuance of an ITN. In the event a prequalification or short listing process is used, the Chief Procurement Officer may limit consideration to responses that are submitted from prequalified or short listed respondents. D. Public Notice. Public notice of the Invitation to Negotiate shall be given in the same manner as provided for in competitive sealed bidding. E. Receipt of Competitive Sealed Replies. Competitive sealed replies shall be opened and held in accordance with Florida public records laws. F. Evaluation Criteria. The Invitation to Negotiate shall state the criteria to be used in the evaluation of the replies. G. Advisory Committee/Negotiation Team. The Chief Procurement Officer may appoint an advisory committee and/or negotiation team to evaluate the replies, negotiate and make a recommendation. H. Negotiations with Respondents. Negotiations may be conducted with one or more respondents. Negotiations may be either sequential or concurrent as determined by the Chief Procurement Officer and set forth in the Invitation to Negotiate. I. Rules of Negotiation. To the extent allowed by law, negotiators may discuss a respondent's reply, including pricing, with another respondent. J. Award. Contract award shall be made to the responsive and responsible respondent determined to offer the best value to the City. (Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201; Ord. No. 2016-47, § 1, 5-23-2016, Doc. #1605231202)

Orlando City Code § 7.304 Competitive Reverse Auctions.

Sec. 7.304. - Competitive Reverse Auctions. A. Determination of Use. When the Chief Procurement Officer determines that procurement by Reverse Auctions is in the best interest of the City, the Chief Procurement Officer may procure supplies, services, or construction by Reverse Auction. B. Invitation for Reverse Auction. 1. Reverse Auctions shall be solicited through an Invitation for Reverse Auction. Each Invitation for Reverse Auction shall include specifications and any applicable evaluation criteria. Contractual terms and conditions may be included within the solicitation document or incorporated by reference. 2. A pre-qualification process may be conducted as part of or prior to the issuance of an Invitation for Reverse Auction in order to establish a list of qualified respondents. In the event a pre-qualification process is used, the Chief Procurement Officer may limit consideration to bids that are submitted by pre-qualified respondents. C. Public Notice. Public Notice of the Invitation for Reverse Auction shall be given a minimum of five (5) calendar days prior to the date set forth therein for the opening of bids. D. Bid Acceptance and Evaluation. Bids shall be evaluated based on the requirements set forth in each Invitation for Reverse Auction, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Each Invitation for Reverse Auction shall set forth the evaluation criteria to be used. No criteria may be used in bid evaluation that is not set forth in the Invitation for Reverse Auction. E. Correction or Withdrawal of Bids. Correction or withdrawal of inadvertently erroneous bids shall be permitted up to the time of bid opening. After bid opening, no changes in bid prices or to other provisions of the bid, shall be permitted; however, the Chief Procurement Officer shall have the authority to waive minor irregularities. F. Contract Award. The contract shall be awarded to the lowest responsible and responsive bidder whose bid conforms in all material respects to requirements and criteria set forth in the Invitation for Reverse Auction. (Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Orlando City Code § 7.305 Major and Minor Irregularities.

Sec. 7.305. - Major and Minor Irregularities. A. Minor Irregularities. In evaluation of sealed bids and other responses, the Chief Procurement Officer may waive minor irregularities. Minor irregularities shall include, but are not limited to: 1. Addendum not acknowledged when price not affected; 2. Correct number of copies not submitted; 3. Delivery/payment terms not specified (unless specifically required in bid/proposal); 4. References not provided at time of bid/proposal; 5. Unit prices not extended; 6. Submission of cashier's check instead of another bid security; and 7. Failure to submit written evidence that an agent signing for an owner had authority to bind the bidder/proposer. B. Major Irregularities. Irregularities considered to be major and not waivable; examples shall include, but are not limited to: 1. Bidder's or proposer's or respondent's Certification not submitted or submitted but not signed; 2. Bid Security not submitted when required or not valid; 3. Addendum not acknowledged when it affects price; 4. Bid or response not submitted on time; and 5. Bid pricing pages not submitted or submitted in blank. (Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Orlando City Code § 7.306 Responsibility of Bidders and Respondents.

Sec. 7.306. - Responsibility of Bidders and Respondents. A. Standards. Factors which may be considered in determining whether the standard of responsibility has been met include without limitation whether a prospective contractor has: 1. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirements; 2. A satisfactory record of performance with the City and other entities; 3. A satisfactory record of integrity and fair dealing; 4. The legal qualifications to contract with the City; and 5. Promptly supplied all necessary information in connection with the inquiry concerning responsibility. B. Written Determination of Non-Responsibility Required. If a bidder or respondent who otherwise would have been awarded a contract is found non-responsible, the Chief Procurement Officer shall issue a written determination of non-responsibility setting forth the basis of the finding. (Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201; Ord. No. 2016-47, § 1, 5-23-2016, Doc. #1605231202)

Orlando City Code § 7.307 Small Purchases and Informal Solicitations.

Sec. 7.307. - Small Purchases and Informal Solicitations. Any procurement within the authority of the Chief Procurement Officer under Section 7.202(A)(2) may be made in accordance with the operational procedures for informal small purchases promulgated by the Chief Procurement Officer. Procurement requirements shall not be artificially divided so as to constitute a small purchase under this section. (Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Orlando City Code § 7.308 Sole Source and Negotiated Procurements.

Sec. 7.308. - Sole Source and Negotiated Procurements. A. Sole Source Procurements. A contract may be awarded for a supply, service or construction item without competition when the Chief Procurement Officer determines that there is only one source for the required service, supply or construction item. B. Negotiated Procurements. A contract may be awarded for a supply, service or construction item without competition when competitive procedures are not feasible or practicable as determined by the Chief Procurement Officer and approved by the Chief Financial Officer. (Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Orlando City Code § 7.309 Emergency Procurement.

Sec. 7.309. - Emergency Procurement. Notwithstanding any other provision of this Code, the Chief Procurement Officer may make or authorize others to make emergency procurements when there exists a threat to public health, welfare, or safety as determined under emergency policies or procedures or operating directives promulgated by the Chief Procurement Officer, provided that such emergency procurements shall be made with such competition as is practicable under the circumstances. A full written determination of the basis of the emergency and for the selection of the particular contractor shall be included on an emergency purchase form and shall be filed as a record of the purchase. Any emergency procurement exceeding the award authority of the Chief Procurement Officer shall be submitted to the City Council for information. The Council Agenda Item shall include all relevant information used to justify the emergency procurement. (Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Orlando City Code § 7.310 Owner Direct Purchase.

Sec. 7.310. - Owner Direct Purchase. A contract may be awarded for supplies or materials without competition where such supplies or materials are being procured by the City as an owner direct purchase for incorporation into a public works project the contract for which was previously awarded by the City, which prior award included the cost of such supplies or materials. In such event, the City shall procure the supplies or materials in accordance with Florida Statutes and regulations related to owner direct purchases by governmental entities. (Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Orlando City Code § 7.311 Electronic Commerce.

Sec. 7.311. - Electronic Commerce. A. Authorization for the Use of Electronic Transactions. The City may conduct procurement transactions, including, but not limited to, competitive sealed bids, competitive sealed proposals and informal quotations, by electronic means or in electronic form. The Chief Procurement Officer may develop procedures regarding identification, security, confidentiality and the utilization of digital signatures. B. Electronic Posting. The City may electronically post solicitations, determinations and other matters related to procurement on a centralized Internet website designated by the City for this purpose. C. Electronic Records. Wherever this Code or the policies and procedures promulgated hereunder require that a document, record, or notice to be in writing, an electronic format is authorized. (Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Orlando City Code § 7.312 Award, Cancellation or Rejection of Solicitations.

Sec. 7.312. - Award, Cancellation or Rejection of Solicitations. A. Award. No award shall be final and no contract shall be created or deemed to exist until such time as a written contract has been executed by the City and, if required by Section 7.202 of this Chapter, the approval of City Council has been obtained. B. Cancellation of Solicitations. At any time prior to final award and contract execution, a solicitation may be delayed or cancelled, or any or all responses received by the City may be rejected by the Chief Procurement Officer, in whole or in part, when it is determined by the Chief Procurement Officer that such action is in the best interest of the City. C. Notice. A written notice of delay, cancellation or rejection shall be posted or sent to all persons who submitted a response to a solicitation. D. Public Records. If all solicitations are rejected or a solicitation is cancelled, all solicitation submittals received may remain confidential, at the discretion of the Chief Procurement Officer, in accordance with Chapter 119, Florida Statutes, as amended. (Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Orlando City Code § 7.313 Reporting of Anti-Competitive Practices.

Sec. 7.313. - Reporting of Anti-Competitive Practices. When for any reason, collusion or other anti-competitive practices are suspected among any bidders or respondents, a notice of the relevant facts may be transmitted, at the discretion of the Chief Procurement Officer, to the State Attorney General or the appropriate federal, State, or local official for investigation and appropriate action. (Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Source: City of Orlando, Florida, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/fl/orlando/codes/code_of_ordinances?nodeId=TITIICICO_CH7PRCO_ARTIIISOSEFetched: 11/1/2026