The City frequently requires the specialized skills, knowledge,
resources and services of private contractors or consultants to complete
complex studies, to develop or revise procedures, to conduct audits,
to train staff, to design facilities, or to provide a specialized
product. The purpose of this section is to set forth policy and procedures
for procuring professional, technical and expert services.
(Res. 04-12 (§ 12.1), 1-16-12)
(a) Under $25,000. For the purpose of procuring the service of licensed
professional(s) or independent consultant(s), any using agency or
department requiring such services may procure them on its own behalf
when the total cost does not exceed $25,000. Department Directors
or Division Managers are responsible for selection and contract administration.
Competition is not required; nevertheless, Department Directors or
Division Managers are responsible for selection based on applicable
and appropriate qualifications, experience, referenced successes and
cost factors.
(b) $25,000 to $50,000. With the approval of the City Manager, professional, technical and expert services with a total cost of $25,000 to $50,000 can be procured without competition (see GJMC §
41.08.080, Purchasing approval limits table). Department Directors are responsible for providing the City Manager with a written justification and recommendation for the selection.
(c) Over $50,000. With the approval of City Council, professional, technical and expert services can be procured without competition (see GJMC §
41.08.080, Purchasing approval limits table). Department Directors are responsible for providing and presenting City Council with a written justification and recommendation for the selection.
(d) Without the approvals set forth above, for the purpose of procuring
the services of licensed professionals or independent consultants,
all City departments are required to adhere to the selection procedures
described in this chapter if the work is to cost $25,000 or more.
The City Purchasing Manager is authorized to solicit and procure professional
services expected to cost $25,000 or more. Proposals shall be requested
and received by the Purchasing Division. Offerors shall be ranked
and negotiations may be conducted. No contract for the services of
legal counsel shall be awarded without the approval of the City Attorney
or his designated representative. Contracts for professional design
services shall follow the qualification-based selection process (SOQ).
(Res. 04-12 (§ 12.2), 1-16-12)
The selection process for professional services, to include
design firms, architects, engineers, land surveying, auditors, training
and other professional or technical specialized services shall be
competitive whenever possible. Prior to making the decision to solicit
proposals a determination must be made if the process is to be single-
or multi-step. In a multi-step process, the department desiring the
services should determine if it would be in the best interest of the
City to obtain qualification letters or statements of qualification
(SOQ) from prospective providers prior to soliciting proposals. If
that is the desire of the requesting department, the process will
start with the SOQ. The following process shall be adhered to in varying
degrees as agreed upon between the using department and the Purchasing
Manager.
(a) Step 1.
The first step requires the Director to designate
a representative to serve as project coordinator, also known as “project
manager.” Prior to preparing a requisition to issue a request
for proposals (RFP), the project coordinator shall confer with the
Purchasing Division to determine whether an RFP is the appropriate
mechanism for the procurement or if a qualification letter/statement
of interest (SOQ) is the first step of the process. If the RFP is
recommended, a schedule for the selection process shall then be established.
(b) Step 2.
The project coordinator shall prepare a purchase
requisition to transmit to the Purchasing Division with the scope
of work (minimum requirements for services) for the project. The scope
of work (SOW) shall be submitted in writing or e-mail. The SOW seeks
results; it is performance, not process, oriented and requires a systematic
approach. It should define the mission of the RFP or answer the question
“why” this acquisition is being made or considered. It
also discusses “how,” at least in broad terms, the mission
is to be accomplished. The SOW defines the logical flow of activities,
specifies the expected result or outcome of each and delineates how
this shall be measured. It defines who is responsible for what; i.e.,
it identifies the responsibilities of both parties (purchaser and
supplier).
(c) Step 3.
Accompanying the SOW shall be (1) a proposed
calendar of events, and (2) the recommended evaluation criteria to
be incorporated into the RFP and used to rank and select the service
provider. (3) The department shall also provide the names and addresses
of the recommended evaluation committee members and a list of prospective
offerors to be contacted.
(d) Step 4.
The Purchasing Division shall prepare a draft
RFP for departmental review. Only after all revisions are made will
the RFP be advertised by the Purchasing Division.
(e) Step 5.
The Purchasing Division shall receive all proposals
until the deadline date, place and time specified. At that time, submittals
shall be opened, recorded and reviewed to be certain the administrative
requirements of the RFP have been met. Note: At this stage only the
names and addresses of respondents are public record; all other information
is confidential until contract negotiations are completed and award
has been made or the project is cancelled.
(f) Step 6.
Copies of the proposals shall be forwarded to
the department for distribution to evaluation committee members for
perusal prior to the formal selection meeting that follows.
(g) Step 7.
Committee members shall then meet as a team.
The team reviews each proposal and determines the strengths and weaknesses
of each. The team members may score each proposal using a rating form
that is specifically prepared for the unique conditions of the proposed
contract work. After all proposals have been evaluated, team members
shall rank the proposals in order of preference. The references of
the highest ranked firm are checked to support the team finding. The
evaluation must be done in accordance with the criteria contained
in the RFP. The information in proposals is confidential during the
evaluation process. If requested, a representative of the Purchasing
Division shall assist the committee to assure that evaluations are
conducted as stated in the RFP. If warranted, interviews or oral presentations
may be scheduled to further assess the capabilities of the proposers.
The committee recommendation does not authorize the committee
or department to notify any offeror of the status of the evaluation.
(h) Step 8.
The Purchasing Representative and/or the project
coordinator may conduct negotiations with the recommended offeror
until a final contract is agreed upon. If necessary, the City Attorney’s
office shall be asked to review the draft contract document before
award. If terms or compensation cannot be agreed upon with the best-qualified
offeror, negotiations shall be terminated. If proposals were submitted
by one or more other offerors determined to be qualified, negotiations
may be conducted with such other offeror or offerors, in order of
their respective qualification ranking, and the contract may be awarded
to the offeror then ranked best qualified if the amount of compensation
is determined to be fair and reasonable.
(i) Step 9.
After both parties have agreed to the terms of the contract, the contract shall be presented to the proper authority for execution. Authority to award and execute contracts shall comply with purchasing authority thresholds as set forth in GJMC §
41.08.080.
(j) Step 10.
All proposers shall be notified of the selection.
(k) Step 11.
The length of professional services is one
year with three additional one-year extension options. If the cost
increases, the contract amendment approval should be made according
to the purchasing approval limits.
(Res. 04-12 (§ 12.3), 1-16-12)