Procurement Policy - Chapter 01: General Provisions

Information on the general policy, purposes, and application

§1-101: General Policy, Purposes, and Application

(1) General Policy

The Board of County Commissioners of Hillsborough County, Florida, recognizing its constitutional and statutory obligations to faithfully represent the residents and guests of Hillsborough County, being desirous of adopting public procurement policies and procedures that are consistent with the laws of the State of Florida for the efficient, effective, and transparent procurement of goods, services, and construction, does hereby adopt this Policy. This Policy shall apply to all agencies governed by the Board of County Commissioners and shall not be changed without the approval of the Board of County Commissioners.

(2) Purposes

This Policy shall be construed and applied to promote its underlying purposes, which are:

(a) To centralize the duties and authority relating to the procurement of all goods, services, and construction required by the County.
(b) To simplify, clarify, and modernize the rules governing procurement by the County.
(c) To permit the continued development and improvement of procurement policies and procedures.
(d) To make the procurement procedures as consistent as possible.
(e) To provide for increased public confidence in the procedures followed in public procurement.
(f) To ensure the fair, impartial, and equitable treatment of all persons who deal with the procurement system of this County.
(g) To provide increased economy in County procurement activities and to maximize to the fullest extent practicable the purchasing value of public funds of the County.
(h) To foster effective broad-based competition within the free enterprise system and maintain an open and competitive environment.
(i) To provide safeguards for the maintenance of a procurement system of quality and integrity.
(j) To obtain in a cost-effective and responsive manner the goods, services, and construction required by County agencies in order for those agencies to better serve this County’s residents and businesses.

§1-102: Supplementary General Principles of Law Applicable

Unless displaced by the particular provisions of this Policy, the principles of law and equity, including the Uniform Commercial Code of this State, the law merchant, and law relative to capacity to contract, agency, fraud, misrepresentation, duress, coercion, mistake, or bankruptcy shall supplement the provisions of this Policy.

§1-103: Requirement of Good Faith

This Policy requires all parties involved in the negotiation, performance, or administration of County contracts to act in good faith.

§1-104: Application of this Policy

(1) General Application
This Policy applies only to contracts solicited or entered into after the effective date of this Policy unless the parties agree to its application to a contract solicited or entered into prior to the effective date.

(2) Application to County Procurement
Except as provided in §1-601 (Exclusions from this Policy), this Policy shall apply to the procurement of all goods, services, and construction required by the Board of County Commissioners. Nothing in this Policy or in procedures promulgated hereunder shall prevent the County from complying with the terms and conditions of any grant, gift, bequest, or cooperative agreement.

(3) Application to Constitutional Offices and Other Related Agencies
This Policy shall not apply to the direct procurement of goods, services, and construction by the following constitutional offices and other related agencies. As such, procurements by these offices and agencies shall be governed by separate terms and conditions promulgated by each office or agency.

(a) Clerk of Court & Comptroller
(b) Sheriff’s Office
(c) Tax Collector
(d) Property Appraiser
(e) Supervisor of Elections
(f) Thirteenth Judicial Circuit Court
(g) State Attorney’s Office
(h) Public Defender
(i) Environmental Protection Commission
(j) Soil and Water Conservation District
(k) Planning Commission
(l) Guardian Ad Litem

(4) Overriding Authority of County Administrator
Notwithstanding the authority specifically granted to the County Administrator in this Policy, the County Administrator shall also have the specific authority granted to the Director of Procurement throughout this Policy.

§1-105: Severability

If any one or more of the provisions of this Policy should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such provision shall be null and void and shall be deemed severable from the remaining provisions of this Policy and in no way shall affect the validity of all other provisions of this Policy.

§1-109: Effective Date

This Policy shall become effective at 12:01 A.M. on February 1, 2025.

§1-201: Determinations

Written determinations required by this Policy shall be retained in the appropriate contract file.

(1) Preparation and Execution
Where the Policy or procedures require a written determination, the Director of Procurement may require or delegate its preparation by others, however, the responsibility for and the execution of the determination remains with the Director of Procurement.

(2) Content
Each written determination shall set out sufficient facts, circumstances, and reasoning as will substantiate the specific determination which is made.

(3) Obtaining Supporting Information
While the Director of Procurement is responsible for the execution of the written determination, other County personnel, particularly technical personnel, and appropriate personnel in the Using Agencies, are responsible for furnishing to the cognizant Procurement Staff, in an accurate and adequate fashion, the information pertinent to the determination. When requested, such information shall be furnished in writing to the cognizant Procurement Staff, who shall have the authority to decide the final form and content of the determination and to resolve any questions or conflicts arising with respect thereto.

(4) Forms
The Director of Procurement is authorized to prescribe the methods and operational procedures to be used in preparing written determinations.

(5) Retention
Each written determination shall be filed in the solicitation or contract file to which it applies, shall be retained as part of such file for so long as the file is required to be maintained, and except as otherwise provided by law, shall be open to public inspection.

§1-401: Public Access to Procurement Information

Procurement information shall be public record to the extent provided by Florida Law and shall be available to the public as provided therein.

§1-501: Authorization for the Use of Electronic Transmissions

The use of electronic media and/or electronic commerce, including acceptance of electronic signatures, is authorized provided that (1) such use is consistent with applicable law, (2) appropriate security is in place to prevent unauthorized access to the solicitation, approval, and award processes; and (3) the electronic form of information can be accurately retrieved, inspected, copied, and/or transmitted.

§1-502: Donation of Goods and/or Services

Except as prohibited or prescribed by law, all donations (full or partial) of goods and/or services to the County, regardless of the source and dollar amount, shall require approval and acceptance by the Board of County Commissioners prior to taking possession and/or delivery of such donated goods and/or services.

§1-503: Unauthorized Procurements

Unless otherwise authorized in this Policy, it shall be a violation of Board Policy and a breach of ethical standards for any officer or employee of the County to knowingly order or procure any supplies, services, and/or construction on behalf of the County in a manner that is contrary to this Policy. The County shall not be bound by any order or procurement that is made contrary to this Policy. Costs associated with unauthorized procurements may be borne by the responsible officer(s) and/or employee(s), and the civil and administrative remedies provided in §12-301 may also be imposed on the same. If deemed to be in the County’s best interest, Unauthorized Procurements may be ratified (approved after-the-fact) provided that all parties to the transaction are notified of the exceptional nature of the matter to eliminate any implied authority, perceived or otherwise. Ratification of Unauthorized Procurements shall be authorized (approved) in accordance with §13-101 (Award Authority) based on the total cumulative expenditure including the Unauthorized Procurement. The Director of Procurement shall promulgate procedures for reporting and processing Unauthorized Procurements to maintain compliance with this Policy and protect the County’s interests.

§1-504: Subdividing Procurements or Contracts—Violation of Policy

No contract or purchase shall be subdivided to avoid the requirements of this Policy. Contracts or purchases that are subdivided to avoid or circumvent this Policy shall be considered Unauthorized Procurements and shall be a violation of Board Policy.

§1-505: Contract Approval and Signature

All formal contracts that require signature by an officer of the County for the procurement of goods, services, and/or construction shall be submitted to the Board of County Commissioners for approval and signature, unless otherwise authorized in this Policy or specifically delegated by the Board of County Commissioners.

(1) County Administrator Authority to Enter Consulting Contracts
The County Administrator shall have the authority to enter into and execute consulting contracts in the amount of $250,000.00 or less, provided such contracts are substantially similar in form and content to the Standard Consulting Services Contract (attached hereto as “Attachment 1”).

(2) County Attorney Authority to Enter Consulting Contracts
The County Attorney shall have the authority to enter into and execute consulting contracts of $100,000.00 or less provided the services are within the scope of the County Attorney’s duties defined in Article VI, Section 6.02, of the Charter of Hillsborough County, and contingent on the availability of approved funds. The County Attorney may utilize the County’s Standard Consulting Services Contract or may utilize an alternative contract/agreement. If the County Attorney utilizes an alternative contract/agreement, then said contract/agreement shall be presented to the Board of County Commissioners for approval if the terms and conditions of said contract/agreement have not been previously approved by the Board of County Commissioners and delegated to the County Attorney via ordinance, resolution, or other Board action.

(3) County Internal Auditor Authority to Enter Contracts for Audit Services
The County Internal Auditor shall have the authority to enter into and execute contracts for audit services in amount of $100,000.00 or less provided the audit services are within the scope of the County Internal Auditor’s duties defined in Article IV, Section 4.10, of the Charter of Hillsborough County and contingent on the availability of approved funds. The County Internal Auditor may utilize the County’s Standard Consulting Services Contract or may utilize an alternative contract/agreement. If the County Internal Auditor utilizes an alternative contract/agreement, then said contract/agreement shall be presented to the Board of County Commissioners for approval if the terms and conditions of said contract/agreement have not been previously approved by the Board of County Commissioners and delegated to the County Internal Auditor via ordinance, resolution, or other Board action.

§1-506: Standard Consulting Services Contract

The Director of Procurement, upon consultation and approval by the County Attorney, shall develop and maintain a Standard Consulting Services Contract (form) for use by all departments and agencies under the Board of County Commissioners. The Standard Consulting Services Contract (attached hereto as “Attachment 1”) shall be approved by the Board of County Commissioners and any modification of the same shall be approved by the Board of County Commissioners.

The County Administrator, and County Administrator’s designees shall have the authority to electronically or manually sign or otherwise approve, policies, terms and conditions, end user licensing agreements, subscription agreements or similar provisioning agreements for Purchasing Card, purchases against Board approved cooperative purchasing agreements, sole source procurements, and any other methods of source selection, under the following conditions:

(1) The annual expenditure is not anticipated to exceed $10,000. Increases to originally anticipated annual expenditures are permissible, however, If the expenditure will exceed $10,000, Board approval will be required.
(2) The terms do not specify binding arbitration.
(3) The terms do not specify a waiver of a right to trial by jury.
(4) The terms do not specify County indemnification of a private party.
(5) The terms do not specify a confidentiality or record keeping or record destruction provision inconsistent with the Public Records Law.
(6) The terms do not provide for travel expense payments or reimbursement inconsistent with Section 112.061, FS.
(7) The terms do not specify late fees inconsistent with the Prompt Payment Act; invoices may be due within 30 days.
(8) The terms do not specify a waiver of the County’s sovereign immunity.
(9) The terms do not specify any work will be done on County premises.
(10) The terms do not specify the private party may assign the contract to another unaffiliated entity without the County express approval.
(11) The Vendor may not be on the Federal Excluded Parties List.
(12) The Vendor must be registered with the State of Florida Department of State, Division of Corporations, or otherwise be authorized to conduct business in Florida.
(13) The Vendor may not be on the State of Florida Department of Management Services’ Convicted Vendor List, Discriminatory Vendor List, Suspended Vendor List, or Antitrust Violator Vendor List.
(14) The Vendor may not be on the State of Florida Board of Administration’s Scrutinized List of Prohibited Companies.
(15) The Vendor may not have been debarred or suspended by Hillsborough County.

§1-601: Exclusions from this Policy

(1) Grants and gifts
This Policy shall not apply to procurements made with grants, gifts, bequests, or donations to the extent the application of this Policy would conflict with the requirements, conditions, or limitations attached to the grant, gift, bequest, or donation.

(2) Lease or purchase by the County of real property
This Policy shall not apply to the acquisition of real property by lease, purchase or license for the County unless otherwise determined or directed by the Board of County Commissioners.

(3) Where specified by general law, ordinance, or policies
This Policy shall not apply to any purchase governed by explicit provisions of general law or other County ordinance or Board of County Commissioners’ policies unless the solicitation indicates the applicability of this Policy, and this Policy shall apply only to the extent set out in the solicitation.

(4) Requests for Applications
This Policy shall not apply to County funding of special programs through the Request for Applications (RFA) process or express approval of the Board of County Commissioners.

(5) Economic Development
This Policy shall not apply to agreements between the County and entities for economic development services, grants, incentive programs (e.g., ad valorem tax exemption agreements, historic preservation challenge grant awards, fee exemption agreements, etc.), redevelopment agreements (e.g., County engagement, grants, incentives, etc.), and other related economic development awards approved by the Board of County Commissioners.

(6) Interlocal/Intergovernmental Agreements
This Policy shall not apply to interlocal and intergovernmental agreements between the County and other governmental entities or agencies.

(7) Miscellaneous Agreements
This Policy shall not apply to securities, financing, and bond agreements; franchise agreements; and/or revenue distribution agreements (e.g. tourist development taxes, etc.).

(8) Housing Rehabilitation Program
This Policy shall not apply to the County’s Housing Rehabilitation Program, which provides financial assistance to income eligible homeowners for making needed repairs on owner-occupied homes.

(9) Authority
Nothing herein shall limit the authority of the Board of County Commissioners to modify or adopt policies governing any and all exclusions from this Policy.