Title
MOTION TO APPROVE THE CHANGE ORDER FOR THE PURCHASE OF FIFTY (50) ADDITIONAL POINT BLANK BALLISTIC SHIELDS AND TRANSPORT BAGS FOR THE POLICE DEPARTMENT FROM FEDERAL EASTERN INTERNATIONAL, LLC., IN THE AMOUNT NOT TO EXCEED $346,150, UTILIZING THE STATE OF FLORIDA ALTERNATE SOURCE CONTRACT # 46151500-NASPO-21-ACS, PURSUANT TO SECTION 35.18(C)(5) OF THE CITY'S CODE OF ORDINANCES.
Summary Explanation and Background
PROCUREMENT PROCESS TAKEN:
- Chapter 35 of the City’s Code of Ordinances is titled “PROCUREMENT PROCEDURES, PUBLIC FUNDS.”
- Section 35.18 of the City's Code of Ordinances is titled "COMPETITIVE BIDDING OR COMPETITIVE PROPOSALS REQUIRED; EXCEPTIONS."
- Section 35.18(C) states that "Only the following situations are exempt from the competitive bid and competitive proposal requirements of this section:"
- Section 35.18(C)(5) states, “Utilization of other governmental agencies’ contracts.”
- Section 35.21 of the City's Code of Ordinances is titled "AWARD OF CONTRACT."
- Section 35.21(A) of the City's Code of Ordinances is titled "City Commission Approval."
- Section 35.21(A)(1) states, "An initial purchase of, or contract for, commodities or services, in excess of $25,000, shall require the approval of the City Commission, regardless of whether the competitive bidding or competitive proposal procedures were followed."
- Section 35.15 defines CHANGE ORDER. "Changes, due to unanticipated conditions or developments, made to an executory contract, which do not substantially alter the character of the work contracted for, and which do not vary so substantially from the original specifications as to constitute a new undertaking. The changes must reasonably and conscientiously be viewed as being in fulfillment of the original scope of the contract rather than as departing therefrom. Further, the changes, when viewed against the background of the work described in the contract and the language used in the specifications, must clearly be directed either to the achievement of a more satisfactory result or the elimination of work not necessarily to the satisfactory completion of the contract."
- Section 35.25(A) states that "a purchase of, or contract for, commodities or services that is estimated by the Chief Procurement Officer to cost $5,000 or less, maybe purchased either in the open market without newspaper advertisement and without observing the procedures prescribed by § 35.19, or in accordance with the competitive bidding procedure prescribed by § 35.19, as deemed appropriate by the Chief Procurement Officer."
- Section 35.28 of the City's Code of Ordinances is titled "CHANGE ORDERS."
- Section 35.28(B) states that "Notwithstanding the provisions of (A) above, the City Manager is not authorized to approve a change order without authorization of the City Commission where the initial purchase required the City Commission's approval and where the sum of all change orders issued under the contract exceeds 5% of the original contract amount or $25,000.
SUMMARY EXPLANATION AND BACKGROUND:
1. The City of Pembroke Pines Police Department would like to purchase fifty (50) additional Point Blank Vanguard Level III Rifle Threat Protection Ballistic Shields with viewport along with shield transport bags, utilizing the State of Florida Alternate Source Contract # 46151500-NASPO-21-ACS.
2. The State of Colorado, Department of Personnel & Administration, in conjunction with National Association of State Procurement Officials Cooperative Purchasing Program (NASPO ValuePoint), issued Request for Proposal # RFP-AR-21-001 for "Body Armor and Ballistic Resistant Products" resulting in Master Agreement # 164719 with Point Blank Enterprises, Inc., which expires on November 10, 2025.
3. The State of Florida entered into a Participating Addendum to the NASPO ValuePoint Cooperative Procurement Program Master Agreement # 164719, Administered by the State of Colorado. As a result, the State of Florida utilizes Alternate Contract Source (ACS) # 46151500-NASPO-21-ACS for the purchase of body armor and ballistic-resistant products, including ballistic-resistant, stab-resistant, and combination vests; in conjunction with armor; ballistic-resistant helmets and shields; carriers; and ballistic-resistant and non-ballistic-resistant accessories for State of Florida Agencies and other eligible users utilizing the pricing and options via NASPO ValuePoint Master Agreement # 164719.
4. The City of Pembroke Pines is an eligible user of the State of Florida Alternate Contract Source (ACS) # 46151500-NASPO-21-ACS. As defined by Florida Administrative Code Rule 60A-1.001(2)(e), eligible user means "Political subdivisions, including counties, cities, towns, villages and districts, as described be Section 1.01(8), F.S., and instrumentalities thereof."
5. The NASPO ValuePoint Master Agreement # 164719 has a minimum discount pricing structure which includes a minimum discount of 44% for the requested items.
6. On April 10, 2024, the Procurement Department requested quotes for the specified Point Blank Ballistic Shields and Carry Bags from all six (6) authorized resellers, listed on the State of Florida alternate contract source #46151500-NASPO-21-ACS, and received quotes from the following authorized resellers (listed in ascending order):
|
|
|
Ballistic Shields |
Carry Bags |
Extended |
|
Vendor |
Qty. |
Unit Price |
Unit Price |
Price |
|
FEI |
125 |
$6,923.00 |
No Charge |
$865,375.00 |
|
Galls |
125 |
$6,900.00 |
$130.00 |
$878,750.00 |
|
MES |
125 |
$7,350.00 |
$135.00 |
$935,625.00 |
|
SRT |
125 |
$8,242.64 |
$149.52 |
$1,049,020.00 |
Note - Lou's Police Supply and Signal 15, Inc. opted not to submit pricing.
7. On May 15, 2024 the City Commission approved the Police Department’s request to purchase one hundred twenty-five (125) Point Blank Ballistic Shields and transport bags from Federal Eastern International, LLC., in the amount not to exceed $865,375, utilizing the State of Florida Alternate Source Contract # 46151500-NASPO-21-ACS, pursuant to Section 35.18(C)(5) of the City's Code of Ordinances.
8. The City has reached out to Federal Eastern International, LLC and even though the MSRP has gone up, they have committed to honor their previous pricing for the additional 50 Point Blank Ballistic Shields and Bags, as shown below:
|
QTY |
Product |
Item # |
Description |
Unit Price |
Amount |
|
50 |
Ballistic Shields |
SH3OASVSV1H2L0 |
VANGUARD 20X30 W/VIEWPORT, NO LIGHT |
$6,923.00 |
$346,150.00 |
|
50 |
Carry Bags |
BAGN00150J |
SHIELD TRANSPORT BAGS- 20 X 30 |
$0.00 |
$0.00 |
9. The Police Department recommends that City Commission approve the change order request for the purchase of 50 additional Point Blank Ballistic Shields and transport bags, as it is essential to their operations.
10. Request Commission to approve the change order for the purchase of fifty (50) additional Point Blank Ballistic Shields and transport bags for the Police Department from Federal Eastern International, LLC., in the amount not to exceed $346,150, utilizing the State of Florida Alternate Source Contract # 46151500-NASPO-21-ACS, pursuant to Section 35.18(C)(5) of the City's Code of Ordinances.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: $346,150.
b) Amount budgeted for this item in Account No: Account # 001-521-3001-664400-0000-000-0000 (Other Equipment)
c) Source of funding for difference, if not fully budgeted: Not Applicable.
d) 5 year projection of the operational cost of the project Not Applicable.
e) Detail of additional staff requirements: Not Applicable.
FEASIBILITY REVIEW:
A feasibility review is required for the award, renewal and/or expiration of all function sourcing contracts. This analysis is to determine the financial effectiveness of function sourcing services.
a) Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service? Not Applicable.
b) If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? Not Applicable.