§ 2-80.47. Limitations  


Latest version.
  • (a) The provisions of this division shall apply only to procurements which are above the formal bid threshold as set forth in the Palm Beach County Code.

    (b) The provisions of this division shall not apply where prohibited by federal, state or Florida law or where prohibited under the conditions of any grant.

    (c) The provisions of this division shall not apply to any purchase exempted from the provisions of the county purchasing code.

    (d) The provisions of this division shall in no way limit the right of the board of county commissioners to compare the quality of the goods and/or services proposed for purchase and the qualifications, character, responsibility and fitness of any person or entity submitting bids or proposals or to make an award it deems to be in the best interest of the county.

    (e) In procurements where price is the only factor for selection, the provisions of this division shall not be applied where its application would result in an award which exceeds the otherwise lowest responsive, responsible bid by one hundred thousand dollars ($100,000.00).

    (f) The provisions of this division shall not apply to contracts made under the Consultant's Competitive Negotiation Act (CCNA), F.S. § 287.055, as may be amended from time to time.

    (g) A local business or a Glades business or a local business utilizing Glades subcontractors receiving a preference under the county small business enterprise ordinance for a particular purchase shall not be eligible to receive the preferences established in this division for that same purchase. In case of any inconsistency between the provisions of this division and the small business enterprise ordinance, the small business enterprise ordinance shall take precedence.

    (h) Decisions concerning the application of this division shall be made by the department of purchasing pursuant to this division and any rules and regulations promulgated by the county administrator or his/her designee and shall be final as to the county provided such decision may be protested pursuant to the protest process set forth in the purchasing code.

    (i) The provisions of this division shall not be applied to any procurement where the local nature of a business has been addressed through the scoring criteria.

    (j) The provisions of this division shall not be applied to purchases made pursuant to the alternative source selection for Glades Utility Authority ("GUA") purchases under one hundred thousand dollars ($100,000.00) as set forth in the purchasing code.

(Ord. No. 02-065, § 7, 9-10-02; Ord. No. 2009-025, § 7, 8-18-09; Ord. No. 2010-011, § 10, 4-20-10)