Legislative Matter

Miami-Dade Legislative Item
File Number: 142380

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Clerk's Official Copy

File Number: 142380

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-1083-14

Control: Board of County Commissioners

File Name: PROCUREMENT INCREASE LOCAL PARTICIPATION IN COUNTY CONTRACTS

Introduced: 10/29/2014

Requester: NONE

Cost:

Final Action: 12/2/2014

Agenda Date: 12/2/2014

Agenda Item Number: 11A18

Notes:

Title:

RESOLUTION AMENDING IMPLEMENTING ORDER 3-38, THE MASTER PROCUREMENT IMPLEMENTING ORDER, TO ESTABLISH LOCAL COMPETITION ADVOCATES TO ENSURE THAT LOCAL BUSINESSES ARE NOT PLACED IN A COMPETITIVE DISADVANTAGE IN COUNTY CONTRACTING

Indexes:

PROCUREMENT

Sponsors:

Rebeca Sosa, Prime Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	12/2/2014	11A18	Adopted				P
REPORT:	Pursuant to Commissioner Jordan’s question regarding the intent of the foregoing proposed resolution, Chairwoman Sosa explained that the manner in which the County structured solicitations for goods and services sometimes resulted in a competitive disadvantage for local businesses. She said she believed this proposal shuold consider local preference at the beginning of the procurement process rather than at the end. Assistant County Attorney Oren Rosenthal further clarified that the solicitation was designed to consider local preference both at the beginning and end of the process. Commissioner Jordan said that she did not see anything related to local preference in the item establishing local competition advocates. Assistant County Attorney Rosenthal clarified that the resolution did not affect local preference at the end of the process; rather, it was meant to establish local competition advocates who would address local preference issues at the creation of the solicitation in order to avoid anything which unintentionally limited local competition. In response to Commissioner Jordan’s question about the selection criteria for a local competition advocate and whether this position would be an internal or external hire, Assistant County Attorney Rosenthal said that the advocate would be appointed by the County Mayor or designee at his/her discretion. Mr. Lester Sola, Director, Internal Services Department (ISD), explained that this position previously existed under the County Code but was later consolidated into an existing Director’s position. He said the advocate would review contracts before competition and identify opportunities for smaller contracts that the local community would be able to participate in. Mr. Sola indicated that an objective review with some subjectivity was required to determine whether the desired commodity could be satisfied by someone locally, although there was no sepcific criteria. He said that if no suitable local candidate was identified, there would be a national competition. Responding to Commissioner Jordan’s question as to whether this would be replicating anything which currently existed, Mr. Sola explained that ISD and the Small Business Development Department (SBD) reviewed contracts to determine if they could be broken up for small business participation. He said there was constant review and discussion taking place among County departments, ISD and SBD. Mr. Sola noted this position would evaluate opportunities to do business with local small businesses whether they were certified or not. In response to Commissioner Jordan’s comment about looking at local preference and not just whether it was a small business, Chairwoman Sosa noted an implementation protocol was being developed for the Board’s consideration. She said that the local competition advocate was being established to ensure that the procurement did not contain provisions that would place local businesses at a competitive disadvantage. Commissioner Jordan inquired whether a new position would be created or whether the responsibility would be absorbed into the department’s existing lengthy review process. Mr. Sola said that a position would not be created at this time, noting the task was anticipated to be carried out by existing staff. Chairwoman Sosa relinquished the Chair to Commissioner Monestime. Hearing no further questions or comments, the Commission proceeded to vote on the foregoing proposed resolution, as presented. Chairwoman Sosa resumed the Chair.

Finance Committee	11/10/2014	2B	Forwarded to BCC with a favorable recommendation				P

County Attorney	10/29/2014		Assigned	Oren Rosenthal	10/29/2014

County Attorney	10/29/2014		Referred	Finance Committee	11/10/2014

Legislative Text

TITLE
RESOLUTION AMENDING IMPLEMENTING ORDER 3-38, THE MASTER PROCUREMENT IMPLEMENTING ORDER, TO ESTABLISH LOCAL COMPETITION ADVOCATES TO ENSURE THAT LOCAL BUSINESSES ARE NOT PLACED IN A COMPETITIVE DISADVANTAGE IN COUNTY CONTRACTING

BODY
WHEREAS, Miami-Dade County is one of the largest purchasers of goods and services in South Florida; and
WHEREAS, the creation and retention of businesses located within the County fosters economic and employment opportunities in the County and generates a substantial increase in the tax base; and�
WHEREAS,�Miami-Dade County has a diverse economy consisting of local businesses which produce a myriad of products and services; and�
WHEREAS, this Board desires to ensure that local businesses have an equal opportunity to bid on County contracts for goods and services; and
WHEREAS, the method and manner in which the County structures solicitations (e.g. purchasing general goods in quantities greater than local firms can provide, requiring certifications not available to local firms, specifying particular brands not supplied by local firms, etc.) for goods and services may inadvertently result in competitive disadvantages for local businesses; and
WHEREAS, market research targeted at local businesses will give the administration greater tools to ensure that local businesses are not placed at a competitive disadvantage; and
WHEREAS, Implementing Order 3-38 sets forth the Board�s procurement guidelines for the purchase of goods and serves; and
WHEREAS, the creation of a Local Competition Advocate to ensure that County procurements do not contain provisions that would place local businesses at a competitive disadvantage will lead to fairness in County contracting and foster economic growth in the community,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board amends Implementing Order No. 3-38, the Master Procurement Implementing Order, in substantially the form attached hereto, to establish Local Competition Advocates to ensure that County procurements do not place local businesses at a competitive disadvantage and authorizes the County Mayor or County Mayor�s designee to exercise any and all rights conferred in the Implementing Order.