§ 102-375. Competitive selection procedures for professional and consultant services.

(a)

Conditions for use. This method of solicitation shall be used when the use of competitive sealed bidding is not practicable under the circumstances or is not in the best interests of the county and the following conditions apply:

(1)

Price is not the determining evaluating factor;

(2)

Discussions with offerors is required;

(3)

Offerors are required to provide methods and approaches to perform the Specification of Statement of Work;

(4)

Agency desires to conduct interviews with offerors; and

(5)

"Best value" award is anticipated.

(b)

Request for proposals. Proposals shall be solicited through a request for proposal.

(c)

Public notice. Adequate public notice of the request for proposal shall be given in the same manner as provided for competitive sealed bidding.

(d)

Receipt of proposals. Proposals shall be opened in the same manner as competitive sealed bids, provided that there is no disclosure of any information derived from proposals submitted by competing offerors. A register of proposals received shall be prepared and made available for public inspection in the purchasing department.

(e)

Selection. As provided in the request for proposal and under policies and procedures to be developed by the county, discussions may be conducted by the purchasing agent, in conjunction with the user department, with reasonable offerors who submit proposals determined by the purchasing agent, and written recommendation of the user department, to be reasonably qualified for being selected for award; such discussions shall be for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Vendors who make offers, hereinafter referred to as offerors, shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals; and such revisions may be permitted after submission and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors. The selection criteria may include, but not be limited to the following:

(1)

Relevant project experience demonstrating competence and capability to perform the services involved in the solicitation;

(2)

Past performance of previous contracts with respect to time of completion and quality of services;

(3)

Qualifications and experience of key personnel;

(4)

Availability of key personnel;

(5)

Technical/project approach, the quality and effectiveness of the proposed approach to accomplish the tasks identified in the scope of work;

(6)

The fee or compensation demanded for the services;

(7)

The ability to comply with the schedule for the performance of the services, as required by the county;

(8)

Local preference;

(9)

Service disabled veterans preference.

(f)

Evaluation. Section 102-380 shall govern the evaluation process and to the extent not in conflict with applicable state law, shall govern the size and composition of the evaluation committees established for the evaluation of competitive sealed proposals obtained for goods and services of all kinds, including, without being limited to, design, construction, and operation services and contracts.

(g)

Negotiations and award. The purchasing agent shall negotiate a contract with the most responsible and responsive short-listed offeror that the purchasing agent determines in writing to be fair and reasonable to the county. In making this decision, the purchasing agent shall take into account the estimated value, the scope, the complexity and the professional nature of the services to be rendered. Should the purchasing agent be unable to negotiate a satisfactory contract with the offeror considered to be the most responsible and responsive at a price for the purchasing agent determines to be fair and reasonable to the county, negotiations with that offeror shall be terminated. The purchasing agent shall then undertake negotiations with the second most responsible and responsive short-listed offeror. If negotiations with the second most responsible and responsive short-listed offeror are unsuccessful, negotiations shall be terminated and the purchasing agent shall then undertake negotiations with the third most responsible and responsive short-listed offeror. Should the purchasing agent be unable to negotiate a contract with any of the short-listed offerors, the purchasing agent and the using agency may select from the additional offerors that were not short-listed in order of their responsibility and responsiveness and the purchasing agent may continue negotiations in accordance with this section until an agreement is reached.

(Res. No. 13-0052, 1-23-13)

Note— Formerly Code, Pt. II, § 102-354.