Chapter 41.48
PROFESSIONAL, TECHNICAL AND EXPERT SERVICES PROCUREMENT
Sections:
41.48.030 Selection procedures for professional service contracts of $25,000 or more.
41.48.010 Purpose.
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)
41.48.020 Authority.
(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)
41.48.030 Selection procedures for professional service contracts of $25,000 or more.
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)