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OIG No. 21-44 Contract Oversight,DocuSign >Envelope ID: 0B0D9560-E2CB-4D1 F-8F01-1 AD0E50A2A3F CMB response: Page 30, #5 of the "Special Conditions" of the referenced solicitation document, RFQ 2016-152-WG, entitled, REAL ESTATE BROKERAGE SERVICES, contained the following clause: 5)NON-EXCLUSIVITY. It is the intent of the City to enter into an agreement with the successful Bidder that willsatisfy its needs as describe herein. However, the City reserves the right as deemed in itsbest interest to perform, or cause to be performed, the work and services, or any portion thereof, herein described in any manner it sees fit, including but not limited to award ofother contracts, use of any contractor, or perform the work with its own employees CBRE question: Why was the "Procurement" referred to as a "proposal request" rather than one of the recognized types of public procurements such as a "Request for Proposals"? CMB response: A Request for Proposals (RFP) typically means a formal competitive solicitation above an agency's formal bid threshold. The City's formal bid threshold for these services is $100,000. As the staff of the Economic Development Department did not believe proposals would exceed this threshold, a formal competitive solicitation was not required. CBRE question: Why was the "Procurement" conducted in such a rushed manner, with respondents being given only two and a half business days to submit proposals for how they could assist the City with a construction project that one commissioner referred to as "a once in-a­ generation opportunity"? CMB response: The short notice between the March 10th issuance and asking the Commission to approve an RFP solicitation, was due to the next Commission meeting being held on the March 17, 2021. At that meeting, the City Commission adopted Resolution No. 2021-31617, authorizing preparation of an RFP for mixed-use development incorporating Class A office space at four City-owned sites along Lincoln Lane North, including the 17th Street parking garage (G5). The Administration believed it was important to secure a consultant to assist with the development of the RFP as soon as possible, because the City Commission had expressed its desire to review the RFP at its April 21st Commission meeting. CBRE question: Why does the cost of Colliers' proposal differ so drastically from that submitted by the other vendors? How does Colliers intend to be compensated for the significant work that it would be asked to perform under a resulting contract? CMB response: This is not a question that can be responded to by the City, as a vendor is entitled to propose any dollar amount they wish to provide, however, staff contacted Collier International to confirm their pricing, and they replied, "We have reviewed the proposal that our team submitted on March 15, 2021 and have re-confirmed that the proposal accurately outlines our services and that we are committed to performing the tasks identified for the stated fee of $15,000." As of this date, Colliers International Florida has performed the requirements of their contract and continues to fulfill their obligations under Page 3 of 5 DocuSign Envelope ID: 0B0O9560-E2CB-4O1 F-8F01-1 AD0E50A2A3F the terms and conditions of its agreement with the City. The OIG Contract Oversight Consultant spoke with Procurement and Colliers personnel and examined documents in connection with Colliers' performance of its contract with the City, in order to determine the circumstances of the bid disparity. It was found that Colliers, in connection with its preparation pursuant to the contract, of RFP 2021-173 for development of City-owned Lots and Garage, had included language in its financial proposal to the City on the RFP that would have provided Colliers with an "advisory fee" equal to 4% of the appraised value of each City site. Because this was not part of Colliers' original bid to the City, the proposed language was not approved by the Procurement Director, Alex Denis. That led to an email from Ken Krasnow at Colliers to Denis and the City's Economic Development Director, Rickelle Williams, in which Krasnow, apologizing for "the confusion with regard to the added RFP fee language," gave the answer referenced in the final City reply to CBRE's complaint, as noted above, that it was reconfirming its original bid proposal and would perform the tasks required under its contract for $15,000. The OIG has confirmed with Ms. Williams that Colliers has been fulfilling its responsibilities satisfactorily in compliance with the contract. The solicitation closed on January 12, 2022, and an evaluation committee convened on February 1, 2022. As a result of Colliers's participation in developing the criteria for the solicitation, three viable proposals were reviewed by an Evaluation Committee and the results will be sent, as a recommendation, to the City Commission for award of the contract. Colliers has additional responsibilities remaining to be completed under the terms and conditions of its contract, and the OIG will continue to monitor the progress of this project and Colliers's performance of the contract terms. In response to the OIG Draft Report, CBRE's attorney reiterated its claims in the attached correspondence, questioning the propriety and legality of the procurement process, the performance of Colliers under the contract, and whether City staff had acted in the best interests of the City. CBRE maintains that it should have been awarded the contract, but has submitted no further evidence in support of that claim. The OIG has consulted with the City Attorney, who has confirmed the City's position that the City has no obligation to issue competitive solicitation for goods and services valued under $100,000, which was what the City intended by issuing an informal RFP; and that, based on past Florida Court rulings, the City has wide discretion in the bidding process to act as it did in this instance. He noted that CBRE failed to cite a single code provision, statute or case in support of its claim that it should have issued a formal competitive solicitation. CONCLUSION This review was opened based on the significant discrepancy among the bids received on this contract, and concerns raised by CBRE's attorneys regarding whether the contractor could honor the contract at the $15,000 bid price. What appeared to be an attempt by Colliers to depart from the terms of its bid in the contract preparation stage by inserting a 4% "advisory fee" was properly rebuffed by the City. In the course of this review, the OIG has found no evidence of fraud, waste or abuse by the City departments involved in the procurement process. After speaking with staff of the Procurement and Economic Development Departments, as well as Colliers International Florida, and after review of the issues raised in the Foley & Lardner LLP Page 4 of 5 , DocuSign, Envelope ID: 0B0D9560-E2CB-4D1 F-8F01-1 AD0E50A2A3F correspondence with the Inspector General submitted on behalf of CBRE, the OIG found that City Administrative staff members acted in good faith and in the best interests of the City. Its performance in this matter in ensuring that Colliers adhered to its original bid proposal may have saved the City nearly $300,000, for which they should be commended. The complaint of CBRE regarding the City's procurement in this matter, though based on an admittedly unusual disparity in the original bid amounts, is unsubstantiated and this inquiry is concluded. The OIG will monitor further performance of the contract as necessary. � o -:i../o 7 /4 o ;;..-;i_ rino I 7 Date 0 d . eral ji(l fVl-SS I OE34C59n4 14tlL Jill Klaskin Press 2/7/2022 I 12:53 PM EST Date Contract Oversight Consultant OFFICE OF THE INSPECTOR GENERAL, City of Miami Beach l 130 Washington Avenue, 61h Floor, Miami Beach, FL 33139 Tel: 305.673.7020 • Fox: 305.206.5509 • Hotline: 786.897.1111 Email: CityofMiomiBeochOIG@miomibeochfl.gov Website: www .mbi nspectorgenerol .com Page 5 of 5