[Ord. No. 2013-6 §1, 2-25-2013; Ord. No. 2014-43 §1, 10-27-2014; Ord. No. 2015-24 §1, 4-13-2015]
A. Purpose. This policy is intended to outline the
purchasing policies for the City of Trenton, to include Trenton Municipal
Utilities, and the Trenton Park Department. This policy is not intended
to override any other policies, ordinances, etc. relating to when
and how contracts and related documentation is approved by a respective
board or commission.
B. Overall Guidelines.
1.
The City Administrator or his designee shall act as Purchasing
Agent unless otherwise provided. The City's Purchasing Policy
is established to ensure that needed goods and services are obtained
in a timely manner, at the lowest prices possible, consistent with
acceptable quality standards, and within the requirements of public
purchasing laws.
2.
Consistent with these objectives, a part of the City's
procurement activity is decentralized. In recognition of the cost
of staff time and to reduce the cost of making small purchases up
to $2,500, department heads may be given the authority as prescribed
by the Purchasing Agent to make limited purchases without additional
approvals.
3.
Procedures which apply to purchases made directly by City staff
as well as the steps followed by the Purchasing Agent are described
below, along with the public purchasing law and ethical standards
that shape the City's purchasing activities.
4.
Governing laws and regulations. Procurements
by the City of Trenton are governed by State and local laws and regulations.
The City policy, adopted by ordinance, along with the State Statute
and the City's administrative policies and procedures describe
basic procurement processes: e.g., public bidding, bid opening, bid
evaluation and bid evaluation and bid award.
C. Conflict Of Interest. No employee or official of
the City shall participate in a transaction, contract, activity or
service of the City in which he or she personally has a direct or
predictable effect on his or her financial interests or the interests
of an immediate family member.
D. Personal Purchases. It is prohibited for an employee
or official to make purchases for his or her own personal purposes
or to receive special pricing from a vendor using the City's
name or reputation.
E. Scope Of Purchasing Authority; Duties.
1.
Rules and regulations. Establish and amend,
when necessary, all rules and regulations for purchasing.
2.
Purchasing analysis. Keep informed of current
developments in the fields of purchasing, prices, market conditions
and new products, and secure for the City the benefits of research
done in the field of purchasing by other governmental jurisdictions,
national technical societies, trade associations having national recognition
and private businesses and organizations.
3.
Forms. Prescribe and maintain such forms as
he/she shall find reasonable and necessary to the implementation of
the purchasing policy.
4.
Bulk purchases. Exploit the possibilities of
buying in bulk so as to take full advantage of discounts.
5.
Federal tax exemptions. Act so as to procure
for the City all Federal and State tax exemptions to which it is entitled.
6.
Disqualification of bidders. Have the authority
to declare vendors who default on their quotations irresponsible bidders
and to disqualify them from receiving any business from the City for
a stated period of time.
F. Unauthorized Purchases. No individual has the authority
to enter purchase agreements or contracts on behalf of the City unless
specifically authorized to do so. Any such purchase classified as
unauthorized is considered a personal expense and the obligation of
the purchaser.
G. Purchasing Goals. All purchases must be made with
the intent to meet the following goals:
1.
Minimum expenditure. Procuring for the City
the highest quality in supplies and contractual services at the least
expense to the City.
2.
Encourage competition. Discourage uniform bidding
and endeavor to obtain as full and open competition as possible on
all purchases and sales.
3.
Local purchasing. It is the intent of this
policy to promote local purchasing to the greatest extent practical.
"Local" shall be defined as the trade area within Grundy County [not
to exceed one thousand dollars ($1,000)]. In the event a local supplier
can meet the need for a cost that is within five percent (5%) to any
other known supplier, the item shall be purchased from a local vendor.
The City Council or board shall be the final authority on applying
local incentive.
[Ord. No. 2013-6 §1, 2-25-2013; Ord. No. 2014-43 §1, 10-27-2014; Ord. No. 2015-24 §1, 4-13-2015]
A. All purchases or contracts of any kind or description, payment for
which is to be made from funds of the City of Trenton, shall be, without
exception, in the following manner:
1.
Purchases costing under two thousand five hundred dollars
($2,500.00). Items in this category, used on a day-to-day
basis, may be purchased with the approval of supervisory personnel
(i.e., department heads) without competitive bidding on each item.
However, even on these items, periodic price checks (by telephone,
e-mail, fax, catalog listings, etc.) should be made to be certain
the purchases are of good value. Items used on a day-to-day basis
consist of office supplies and other items that are routinely purchased.
For items under two thousand five hundred dollars ($2,500) that are
not routinely purchased, it is required to obtain three (3) estimates
to ensure that the lowest, best price is received.
2.
Purchases costing two thousand five hundred one dollars
($2,501.00) to ten thousand dollars ($10,000.00). Items in
this category shall be secured on competitive bid basis and may be
purchased with the approval of the City Administrator. This must be
accomplished by attempting to secure at least three (3) written, formal
bids obtained utilizing advertisement and specifications.
3.
Purchases costing over ten thousand one dollars ($10,001.00). Items in this category shall be secured on competitive bid basis
and must be purchased with the approval of the City Council. This
must be accomplished by securing at least three (3) written, formal
bids obtained utilizing advertisement and specifications.
[Ord. No. 2013-6 §1, 2-25-2013; Ord. No. 2014-43 §1, 10-27-2014; Ord. No. 2015-24 §1, 4-13-2015]
A. City purchases that are procured through formal bids shall be prepared,
advertised and considered in accordance with the following Section:
1.
An advertisement for bidders shall be published in one (1) issue
of a newspaper of general circulation in the City with a notice inviting
bids. Said notice shall be published at least ten (10) business days
prior to the date set for the receipt of bids. The notice herein required
shall include a general description of the articles to be purchased
or services to be performed and the time and place for opening bids.
2.
In addition to advertising in a local paper the advertisement
shall be posted in City Hall and shall be forwarded to responsible,
prospective suppliers of the items to be purchased or services to
be performed. It is understood that it will not be possible to notify
all potential bidders but reasonable efforts shall be made to forward
the advertisement for bids to a relatively large number of potential
bidders in an effort to encourage competitive bids for the City. For
relatively large-scale construction projects it is assumed that the
advertisement will also be forwarded to construction industry clearinghouses
that accumulate information for prospective bidders.
3.
All notices and solicitations of bids shall state the place,
time and date the bids are due.
4.
If sealed bids are required, the bids shall be submitted in
a sealed envelope addressed to the City official designated in the
bid packet and shall be identified as bids on the envelope.
5.
All bids shall be opened in public at the time, date and place
stated in the public notices.
6.
A tabulation of all bids received shall be available in the
City Hall for public inspection and shall be prepared in a timely
manner after the bid opening.
7.
Upon public opening of the sealed bids, the bids shall be reviewed
and a recommendation for approval shall be prepared. If the recommendation
is for a bid other than the lowest cost bid the recommendation shall
include a detailed explanation of why the chosen bid is being recommended.
8.
All bid information shall include the following statement: "The
City of Trenton reserves the right to reject any or all bids or waive
any irregularities that are in the best interest of the City."
9.
The City of Trenton encourages bidders to employ qualified Trenton
residents.
[Ord. No. 2013-6 §1, 2-25-2013; Ord. No. 2014-43 §1, 10-27-2014; Ord. No. 2015-24 §1, 4-13-2015]
A. In determining the lowest responsible bidder, there are numerous
factors that should be considered when deciding which bid provides
the best value to the City of Trenton. These factors may include some
or all of the following factors, and relative importance of each factor
may vary depending upon the purchase being made.
2.
The ability, capacity and skill of the bidder to perform the
contract or provide the services required.
3.
Whether the bidder can perform the contract and/or provide the
services promptly and within the required time periods without delay
or interference.
4.
The quality of performance on previous contracts or services
with the City and/or references provided.
5.
The previous and existing compliance by the bidder with laws
and ordinances of the City.
6.
The financial resources and the ability of the bidder to perform
the contract or provide the service.
7.
The quality, availability and adaptability of the supplies or
services.
[Ord. No. 2013-6 §1, 2-25-2013; Ord. No. 2014-43 §1, 10-27-2014; Ord. No. 2015-24 §1, 4-13-2015]
Change orders in contracts shall be approved under the same
guidelines as specified in the purchasing rules section if the proposed
changes were initiated by the staff or are in response to conditions
unforeseen at the time the contract was awarded, and the total cost
of said change orders does not exceed the pending limits outlined
in the purchasing rules section and the approval does not materially
alter the purpose of the contract. All change orders over ten thousand
dollars ($10,000.00) or over ten percent (10%) of the original contract
amount shall be reported to the Council or board at the next regular
meeting of that body. All change orders over fifty thousand dollars
($50,000.00) or over twenty percent (20%) of the original contract
amount shall be approved by the Council or board prior to implementation
of the change.
[Ord. No. 2013-6 §1, 2-25-2013; Ord. No. 2014-43 §1, 10-27-2014; Ord. No. 2015-24 §1, 4-13-2015; Ord. No. 2017-37 § 1, 5-8-2017; Ord. No. 2018-10, 2-26-2018]
A. City Business License. All vendors subject to City of Trenton business
license requirements shall have a current business license before
the City of Trenton completes any purchases with that vendor.
B. Leases or Lease/Purchases. Purchases made through leases or lease/purchases
shall be completed in accordance with applicable purchasing policy
procedures. The total value of the lease or lease/purchase shall be
considered when determining the applicable purchasing procedure.
C. Exclusive Service. In the event that there is only one (1) firm or
company or individual capable of providing a particular service or
commodity and said services or commodities cannot be secured from
other persons or companies, then the bidding requirements contained
above shall not be applicable. The Purchasing Agent is authorized
to proceed with the purchase of such services or commodities as are
required by the City. Exclusive service purchases for amounts exceeding
ten thousand dollars ($10,000.00) must be preapproved by the City
Council.
D. Other items to consider:
1.
Bid Bonds (a bond that provides financial assurance that the
bid has been submitted in good faith, and that the contractor intends
to enter into the contract at the price bid and provide the required
performance and payment bonds). When a bid bond is deemed necessary,
it is typically required to be submitted for an amount equal to at
least five percent (5%) of the bid price and must be submitted with
the bid. Also, bidders are typically allowed to submit a certified
or cashier's check in lieu of a bid bond when required.
2.
Payment Bonds (a bond that guarantees that the contractor will
pay certain subcontractors, laborers, and material suppliers associated
with the project). When a payment bond is deemed necessary, it is
typically required to be submitted for an amount equal to one hundred
percent (100%) of the value of the contract.
3.
Performance Bonds (a bond that protects the owner from financial
loss should the contractor fail to perform the contract in accordance
with its terms and conditions). When a performance bond is deemed
necessary, it is typically required to be submitted for an amount
equal to one hundred percent (100%) of the value of the contract.
4.
Notes On Bonds. When bonds are deemed necessary, the City shall
have the right to specify that they shall be obtained from a bonding
company that is authorized to conduct business in the State of Missouri,
and require an original certificate from the issuing company stating
that the bond is in effect and that the bonding company executing
the bond appears on the Treasury Department's most current list
of authorized bonding companies (Circular 570, as amended). When payment
and performance bonds are deemed necessary, they are not submitted
with the bid, but instead are submitted after the bid is approved
and prior to execution of the contract.
5.
Insurance. Typically, insurance requirements will only need
to be specified for construction-type projects where it is important
to ensure that the City is protected from such liability and that
the contractor, or other entity, will bear this liability. The amount
of insurance coverage required may vary from project to project, depending
upon the complexity and risk of the project. Typically, the City's
liability insurance carrier and/or City Attorney can provide assistance
in determining appropriate insurance requirements. Generally, insurance
coverage will be verified after the bid is accepted and prior to execution
of the contract. It should also be noted that insurance and bonding
are not the same.
6.
Warranty. Warranty terms should be detailed in advance in order
to ensure that the City is obtaining the warranty desired. This could
be particularly important if different vendors and/or products have
different warranty terms and the warranty could be important in the
purchasing decision.
7.
Payment Schedule And/Or Retainage. Payment terms may need to
be specified when making purchasing decisions, especially if the purchase
might involve multiple payments over a long term. If the expected
payment terms are not specified in advance, the City may be subject
to the payment terms of the vendor even if those terms were not what
were expected. For larger projects consideration shall also be given
to withholding a portion of a regular installment payment (i.e., retainage).
8.
Completion Date, Liquidated Damages And/Or Incentives To Finish
Early. Consideration should be given to specifying when a purchase
is to be completed, especially if the purchase is time sensitive.
When deemed necessary, the bidder shall be notified in advance of
any timelines for completion, if liquidated damages will be assessed
(including how they will be calculated), and/or if there will be incentives
to completing early (including how those incentives will be calculated).
9.
Sales Tax. The City is a tax-exempt entity, and all qualifying
purchases made by the City, contractors and/or subcontractors on behalf
of the City shall be made with sales tax excluded.
E. Maintenance Agreements. If the need for a maintenance agreement is
anticipated at the time of purchase, the terms of the maintenance
agreement must be included in the specifications and/or bid/quote
information. If the maintenance agreement was not anticipated at the
time of the purchase or the original agreement has expired, then normal
purchasing procedures shall apply.
F. Emergency Purchases. In case of an emergency which requires an unforeseeable,
immediate purchase of supplies or services and time is of the essence,
the City Administrator shall be empowered to authorize the purchase
or to secure the services needed without complying with the procedures
as set forth in this Chapter. This Subsection shall also apply to
any natural disaster or civil emergency requiring an immediate response
on the part of the City. A full report, in writing, of the circumstances
requiring an emergency purchase shall be filed by the Agent with the
City Council each time an emergency purchase over ten thousand dollars
($10,000.00) is made.
G. Professional Services. The competitive bidding requirements of this
Chapter shall not apply to professional services, and the requirements
herein shall not be required in the employment of professional services,
including, but not limited to, physicians, attorneys, engineers, certified
public accountants or planners. Professional services selection is
detailed in a separate Section.
H. Cooperative Purchasing. This Chapter shall not apply to purchases
made through or with the State or any other governmental jurisdiction
which operates a cooperative procurement program and will allow the
City to purchase goods or services that the jurisdiction has made
available following the completion of its own internal purchasing
procedures.
I. Subdividing Prohibited. Nor contract or purchase shall be subdivided
to avoid the requirements of this Chapter.
J. Design-Build. The City may utilize design-build project delivery
as set forth in the Missouri Statutes.
K. Purchase Of Used Equipment. Upon receipt of written authorization
from the City Administrator, department heads may purchase used equipment
without the necessity of the bidding requirements as stated herein,
provided that the following conditions are met:
1.
The equipment was specifically identified under the appropriate
account department in the most recent budget approved by the City
Council; and
2.
The total purchase price of the equipment does not exceed the
amount approved under the most recent budget approved by City Council.
[Ord. No. 2013-6 §1, 2-25-2013; Ord. No. 2014-43 §1, 10-27-2014; Ord. No. 2015-24 §1, 4-13-2015]
A. Inspection. All purchases shall be reviewed and
inspected upon delivery of the supplies or contractual services to
determine their conformance with the specifications set forth in the
order or contract therefor.
B. Tests. The City shall maintain the right to require
chemical and physical tests of samples submitted with bids and samples
of deliveries which are necessary to determine their quality and conformity
with the specifications. In the performance of such tests, the City
shall have the authority to make use of any outside laboratory.
[Ord. No. 2013-6 §1, 2-25-2013; Ord. No. 2014-43 §1, 10-27-2014; Ord. No. 2015-24 §1, 4-13-2015]
A. All departments shall submit to the City Administrator, at such time
and in such form as established, reports showing stocks of all supplies
which are no longer used or which have become obsolete, worn out or
scrapped.
1.
Transfers. The City Administrator is hereby
authorized to transfer surplus stock to other departments and establish
the financial value, if any, of the transfers.
2.
Sales. The City Administrator is hereby authorized
to sell all supplies having an estimated value of less than ten thousand
dollars ($10,000.00) which have become unsuitable for public use,
or to exchange the same for, or trade in the same, on new supplies.
Sales under this Subsection shall be made to the highest possible
bidder.
[Ord. No. 2013-6 §1, 2-25-2013; Ord. No. 2014-43 §1, 10-27-2014; Ord. No. 2015-24 §1, 4-13-2015]
A. Definitions.
FIRM
Any individual, firm, partnership, corporation, association
or other legal entity permitted by law to practice architecture, engineering
or land surveying in the State of Missouri.
PROFESSIONAL SERVICES
Those services within the scope of the practice of architecture,
engineering or land surveying, as defined by the laws of the State
of Missouri, or those performed by any architect, professional engineer
or registered land surveyor in connection with this professional employment
or practice. Professional services shall also encompass attorneys
(except the City Attorney), accountants, auditors, real estate brokers,
appraisers, physicians, and other similar professions when these professions
are hired directly by the City.
SELECTION COMMITTEE
The City Administrator, Community Development Director, City
Clerk or Comptroller, Utility Director (for Trenton Municipal Utility
projects) and the department or division head having jurisdiction
of the involved project.
B. Roster Of Consultants.
1.
The City Administrator or designated staff will maintain a roster
classified by category of professional service, of qualified firms
interested in performing professional services for the City. Names
of firms will be placed on the roster upon their request, at the request
of members of the City Council, or when recommended by City departments.
2.
Each firm meeting the following minimum qualifications shall
be deemed to be a qualified firm and to meet the qualifications of
the City:
a.
Duly authorized to conduct business in the State of Missouri
in its particular profession;
b.
Professional registration by the State of Missouri; and
c.
At least one (1) staff professional assigned to each project.
Adequacy of personnel will be determined on a contract-by-contract
basis against the City's estimate of manpower required to perform
the work in the desired time frame.
3.
Each person or firm listed on the roster shall be responsible
for maintaining a current resume describing its qualifications and
experience with the City Administrator's office. Data that should
be included is as follows:
a.
Firm name, address, telephone numbers;
b.
Year established and former firm names;
c.
Types of services for which it is qualified;
d.
Names of principals of the firm and states in which they are
registered;
e.
Names of key personnel, with experience of each and length of
time in the organization;
f.
Number of staff available for assignment;
g.
Outside consultants and associates usually retained;
h.
List of completed projects on which the firm was principal engineer;
i.
Current projects underway and estimated cost of each;
j.
Data-gathering methods, if appropriate; and
k.
Evaluation techniques, if appropriate.
C. Approval Of Contracts For Professional Services.
1.
Class A. Services for projects where fees will
exceed fifty thousand dollars ($50,000.00). The contract(s) for these
services will be approved by the City Council.
2.
Class B. Services for projects where fees will
not exceed fifty thousand dollars ($50,000.00). The contract(s) for
these services will be approved by the City Administrator, Utility
Director, Comptroller, or City Clerk.
D. General Procedures And Responsibilities.
1.
Project initiation. When a department of the
City identifies a project for which professional services will be
necessary, the department will draft a scope of services for the specific
project. This scope of services will be submitted to the City Administrator
for authorization to initiate the project and a determination as to
whether the Council Committee or the staff committee will act as the
screening and selection committee.
2.
Expressions of interest. The administering
department will contact those firms on the roster for a written expression
of interest in the specific project. The request should invite comment
as to the special experience in the project being considered; describe
previous experience with similar projects, and the availability of
the firm to provide required service within any time limitations.
3.
Initial screening and requests for proposals. The expressions of interest then will be presented to the appropriate
screening and selection committee for initial screening. Factors to
be determined in the initial screening will include:
a.
Specialized experience in the type of work required;
b.
Record of the firm in accomplishing work on other projects in
the required time;
c.
Quality of work previously performed by the firm for the City;
d.
Recent experience showing accuracy of cost estimates;
e.
Community relations, including evidence of sensitivity to citizen
concerns; and
f.
Geographic location of the principal offices of the firm.
4.
Screening process. The screening committee
will designate at least three (3) firms who will be requested to present
detailed proposals on the project.
5.
Detailed proposals. Firms submitting detailed
proposals will be asked to provide a resume of its proposed project
supervisor; the name of the principal who would be responsible for
the work; the amount of work presently under way; the ability of the
firm to meet required time schedules; and a description of how the
project would be conducted as well as other facts they wish to present
in favor of their firm.
6.
Contract form. A contract form will be provided
to each firm asked to provide a detailed proposal so the firm can
be fully informed of the parameters of the proposed project and general
City contracting policies. The contract form will be prepared by the
department responsible for the project with the assistance of the
legal department.
7.
Interview and selection. Upon receipt of the
detailed proposals, the selection and screening committee will be
convened to review the proposals, interview prospective firms and
make the final selection as to the firm for the project.
8.
Contract negotiation. The selected firm then
will be requested to come in for a final conference with the screening
and selection committee to define precisely the scope of service to
be provided and to submit a proposal covering the compensation requirements
for the work. A fee that is fair and reasonable then is negotiated
for the project. A contract is prepared and submitted to the legal
department for review and then submitted to the City Administrator
for presentation to the City Council for approval. If, after a reasonable
effort, a contract cannot be negotiated, the negotiations with the
designated firm shall be terminated, and negotiations shall be started
with the next firm recommended.
E. Prohibition Against Contingent Fees.
1.
Each contract entered into by the City Council for professional
services shall contain a prohibition against contingent fees as follows:
"The architect, engineer or land surveyor, as applicable, warrants
that he has not employed or retained any company or person, other
than a bona fide employee working solely for the architect, engineer
or land surveyor, to solicit or secure person, company, corporation,
individual or firm other than a bona fide employee working solely
for the architect, engineer or land surveyor, any fees, commission,
percentage, gift or any other consideration, contingent upon or resulting
from the award or making of this agreement."
2.
For the breach or violation of the foregoing provision, the
City Council shall have the right to terminate the agreement without
liability and, at its discretion, to deduct from the contract price
or otherwise recover the full amount of such fee, commission, percentage,
gift or consideration.
F. May Waive Procedural Requirements. The City Council
in its sole and absolute discretion may waive any and all aforementioned
procedural requirements.
[Ord. No. 2020-13, 3-9-2020]
A. Section
99.820.1(3) of the Revised Statutes of Missouri requires the City
of Trenton, Missouri, (the "City"), or the City's Tax Increment Financing
Commission (the "Commission"), to establish written procedures relating
to bids and proposals for implementation of redevelopment projects
pursuant to the Real Property Tax Increment Allocation Redevelopment
Act, Sections 99.800 through 99.865 of the Revised Statutes of Missouri,
as amended (the "TIF Act"). The following procedures (the "RFP Policy")
are to be followed by the City and the Commission for soliciting bids
and proposals for the implementation of tax increment financing redevelopment
projects, in compliance with the TIF Act:
1. It shall be the policy of the City to consider the use of Statutory
redevelopment incentives for those projects that demonstrate a significant
public benefit by eliminating blight or blighting influences, financing
desirable public improvements, strengthening the employment and economic
base of the City and other taxing jurisdictions, increasing property
values, reducing poverty, creating economic stability, and facilitating
economic self-sufficiency.
2. The City or the Commission shall solicit proposals with respect to
the implementation of each proposed redevelopment project, or the
several proposed redevelopment projects that are designed to implement
a proposed tax increment financing plan.
3. Each request for proposals shall state the primary objectives of
the proposed redevelopment area or redevelopment project.
4. Each request for proposals shall provide reasonable opportunity for
any person to submit alternative proposals or bids.
5. Each request for proposals may be mailed to those persons or firms
the City or the Commission determines might be interested in submitting
a bid and shall be published in a newspaper of general circulation
in or serving the City. Each request for proposals shall provide at
least fourteen (14) days for the submission of a proposal. The City
or Commission may extend the time period during which proposals may
be accepted.
6. Each person, business, firm, partnership or other combination of
persons or businesses that submits a proposal in response to a request
pursuant to this RFP Policy shall be deemed an "applicant." Each proposal
must demonstrate that "but for" the use of tax increment financing,
the project is not feasible and would not be completed.
7. Criteria for the selection of proposals will be based on the required
elements of a complete tax increment financing plan as set forth in
the TIF Act. The criteria for selection will include the impact of
the proposed project on the City and other taxing jurisdictions, including
the projected term for which tax increment financing will be utilized.
The City or the Commission may establish such additional criteria
as it deems appropriate for the selection of bids and proposals, which
shall be stated in the request for proposals and consistent with the
TIF Act.
8. At the option of the City, proposals may be requested in the form
of a redevelopment plan which meets the requirements of the TIF Act
and addressing the items of information required in this RFP Policy.
9. An applicant may be required to enter into a funding agreement with
the City with respect to the proposal covering the expenses of the
City relating to review and consideration of the proposal, including
expenses incurred by the City to engage consultants and special counsel.
10. Each applicant that has prepared a complete tax increment financing
plan and submitted that plan to the City may respond to a request
for proposals, issued by the City or Commission pursuant to this RFP
Policy, by submitting a written statement to the City which provides
that the plan previously prepared and submitted to the City shall
serve as the applicant's response to the request for proposals.