Legislation Details

File #: 26-2103    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 10/13/2026 In control: Board of County Commissioners
On agenda: 10/27/2026 Final action:
Title: Resolution to Repeal existing Procurement Policy and Approve Replacement Procurement Policy
Attachments: 1. DeSoto BOCC Procurement Policy 10.13.26, 2. DESOTO COUNTY Res - Amended Restated Purchasing Policy (10.27.26)
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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☐ Consent Agenda                      ☐Quasi-Judicial Public Hearing

☒ Regular Business                      3:00 pm

☐ Public Hearing                     Policy

 

DEPARTMENT:                       Administrative Services

SUBMITTED BY:                     Cindy Talamantez

PRESENTED BY:                     Cindy Talamantez

 

 

TITLE & DESCRIPTION:

title

Resolution to Repeal existing Procurement Policy and Approve Replacement Procurement Policy

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REQUESTED MOTION:

Approve the Resolution to adopt the 2026 Procurement Policy and repeal the existing 2005 policy and all subsequent amendments.

 

SUMMARY:

Resolution to Repeal existing Procurement Policy and Approve Replacement Procurement Policy

 

BACKGROUND:

The proposed 2026 Procurement Policy repeals and replaces, in their entirety, the County’s existing Procurement Policy adopted in 2005 and all subsequent amendments, including the 2008 fire rescue equipment standardization amendment, the 2009 professional services amendment and local preference policy, and the 2011 local preference amendment. The original policy is now more than 20 years old. The proposed replacement consolidates and modernizes the County’s procurement requirements, updates purchasing and approval thresholds, clarifies procedures, and strengthens safeguards for grant-funded expenditures.

Significant changes include:

•                     Updated procurement thresholds.

o                     The threshold for formal competitive procurement increases from $25,000 to purchases exceeding $50,000;

o                     Establishes petty cash purchases up to $100 (unless a higher threshold permitted by the County Administrator for designated departments);

o                     Direct solicitation with one quotation up to $2,500;

o                     At least two verbal quotations for purchases from $2,500.01 through $5,000;

o                     At least three written quotations for purchases from $5,000.01 through $50,000. Written quotation solicitations must also be posted on the County website for at least seven days.

These changes replace the prior policy’s lower thresholds and distinctions based on individual item value.

•                     Updated spending and approval authority. The proposed policy establishes a clear approval schedule:

o                     Department Directors approve direct solicitations up to $2,500;

o                     the Purchasing Director or a Department Director approves purchases from $2,500.01 through $5,000;

o                     the Purchasing Director approves written quotation awards up to $10,000;

o                     the County Administrator approves awards from $10,000.01 through $50,000.

o                     Purchases exceeding $50,000 require Board approval, increasing the general Board approval threshold from $25,000.

Purchases remain subject to available funding and applicable procurement requirements.

•                     Expanded and clarified exemptions. The proposed policy expressly identifies additional categories eligible for exemption from competitive procurement, including heavy equipment repairs; used equipment purchases up to $20,000 supported by an independent estimate of value; real property transactions, title services, and appraisals; consultant services outside the Consultants’ Competitive Negotiation Act; legal services, expert witnesses, and court reporters; certain social services; statutorily dictated procurements; and vehicle or County building damage covered by insurance claims. It also distinguishes sole source from single source procurement and clarifies cooperative purchasing procedures. County exemptions do not override applicable statutory or grant requirements.

•                     Clearer bid protest procedures. The proposed policy replaces the existing protest process with defined grounds, standing requirements, filing requirements, and review procedures. A notice of intent to challenge must be filed within 72 hours after posting the notice of intent to award, followed by a formal written challenge within three working days. The County Administrator provides a written recommendation, and unresolved challenges proceed to the Board for a written final determination. Procurement generally remains suspended pending resolution. The proposed process replaces the prior 24-hour notice deadline, ten-day formal protest deadline, five-percent protest bond, and County Attorney decision procedure.

•                     New cone of silence. The proposed policy restricts communications concerning a pending competitive procurement from advertisement through award, rejection of all responses, or termination of the solicitation. It identifies permitted communications, including questions directed to the designated County representative and participation in authorized proceedings. Vendors violating the cone of silence are subject to disqualification.

•                     Strengthened federal grant and F-ROC provisions. The proposed policy adds a comprehensive framework for federally funded procurement addressing full and open competition; actual and apparent conflicts of interest; verification of contractor suspension and debarment through SAM.gov; independent cost or price analysis and supporting estimates; required federal contract provisions; participation by qualifying small and other business enterprises; recovered materials; contractor oversight; procurement records; and management and disposition of federally funded equipment. It also limits emergency noncompetitive procurement to the actual emergency and requires transition to competitively procured contracts when that circumstance ends. These provisions support the County’s Florida Recovery Obligation Calculation (F-ROC) readiness and compliance efforts and help protect eligibility for federal reimbursement by reducing the risk of disallowed procurement costs.

•                     Repeal of local preference. The proposed policy repeals the County’s existing local preference policy, including its local bid-matching and evaluation preferences. Repeal establishes a consistent approach to full and open competition and avoids conflicts with federal or other funding restrictions on local or geographic preferences. The proposed policy expressly prohibits geographic preferences in federally funded bid or proposal evaluations unless otherwise provided in the specific grant agreement.

•                     Additional administrative safeguards. The proposed policy establishes County-issued credit card requirements, including transaction limits, supervisory review, reconciliation, documentation, and prohibitions against personal purchases and splitting transactions to avoid purchasing limits. It also updates public records and public meeting procedures, vendor suspension and debarment procedures, and surplus property controls.

Adoption will replace the County’s longstanding policy and separate amendments with one comprehensive procurement framework that reflects current operational needs and strengthens accountability, competition, and grant compliance.

 

 

FUNDS:

Budget Amount: No monetary impact

Actual Agenda Item Cost: No monetary impact

Account Number: No monetary impact

Explanation: No monetary impact