§ 37.33 PURCHASE OF SERVICES.
   (A)   Policy. It is the policy of the county to publicly announce all requirements for the purchase of services, as defined in § 37.02, and to negotiate contracts for these services on the basis of demonstrated competence and qualification for the type of services required, and at fair and reasonable prices. The county may utilize a request for qualification process (RFQ) for projects over $300,000.
   (B)   Services selection committee.
      (1)   In the procurement of services, the County Purchasing Officer shall encourage firms engaged in the lawful practice of their profession to submit a statement of qualifications and performance data. This RFQ may be done in advance so as to maintain a standing list of qualified firms at the time of need for a specific project. A Review and Selection Committee, comprised of the Deputy County Judge, the County Treasurer, the County Purchasing Officer and one person from the using department, shall be established. The Judge/Executive may add other persons to the Review Committee as seen fit to provide more expertise for selection of a firm for a specialized project.
      (2)   The Selection Committee shall evaluate current statements of qualifications and performance data already on file with the County Purchasing Department, together with those that may be submitted
by other firms regarding a proposed project. The Selection Committee shall conduct discussions with no less than three firms regarding the project and relative utility of alternative methods of approach for furnishing the required services, and then shall select therefrom, in order of preference, based upon criteria established and published by the Selection Committee, no less than three of the firms deemed to be the most highly qualified to provide the services required.
      (3)   Once the Selection Committee has selected the three best qualified firms through the RFQ process, then final selection of a firm shall commence by advertisement of a request for proposals (RFP). The Selection Committee may require price data to be submitted with the RFP or negotiate pricing following selection of the best proposal.
      (4)   The Committee shall negotiate a contract with the firm it determines the best qualified, in its sole judgment, for the services being purchased at compensation, which the Committee determines in writing to be fair and reasonable to the county. In making this decision, the Committee shall take into account the estimated value, the scope, the complexity and the professional nature of the services to be rendered. Should the Committee be unable to negotiate a satisfactory contract with the firm considered to be best qualified, negotiations with that firm shall be formally terminated. The Committee shall then undertake negotiations with the second-best-qualified firm. Failing accord with the second-best-qualified firm, the Committee shall formally terminate negotiations. The Committee shall then undertake negotiations with the third-best-qualified firm. Should the Committee be unable to negotiate a contract at a fair and reasonable price with any of the selected firms, the Committee shall select additional firms in order of their competence and qualifications, and continue negotiations in accordance with this section until an agreement is reached.
      (5)   At the conclusion of negotiations that result in a contract, the Selection Committee shall document how it used the evaluation factors in the RFP to select the best-qualified suppliers, and the principal elements of negotiations. This information shall be included in the contract file, which becomes public information.
   (C)   Request for proposals (RFP). A RFP should include the following parts:
      (1)   A work statement or performance specification;
      (2)   A time frame in which the work is to be completed;
      (3)   Specific criteria to be used in evaluating the proposal;
      (4)   When, where and how detailed specifications maybe obtained;
      (5)   Required time and place for the submission and opening of offers;
      (6)   A requirement that the offeror provide the following information:
         (a)   An understanding of the problem, the work to be done or the program; and the approach to be used to achieve the objectives, including detailing of tasks involved in the offeror’s approach;
         (b)   A verifiable milestone list, if not specified in the RFP;
         (c)   Facility and capability data not otherwise included in the RFQ.
      (7)   All written proposals received by the county in response to an RFP shall be kept secure and unopened until the date and time set for opening.
      (8)   Proposals inadvertently opened shall be identified in front of at least two witnesses, noted by all witnesses on the envelope, and re-sealed until the advertised time to open proposals.
      (9)   Proposals shall be opened on the date and time set for opening. It shall be the offeror’s responsibility to assure that the proposal is submitted to the county before the advertised receipt time.
      (10)   Proposals being evaluated under the RFP process or competitive negotiations shall not be subject to full public inspection until negotiations between the county and all offerors have been concluded and a contract awarded. However, the Selection Committee may determine what parts, if any, of a proposal may be released for public inspection, provided the release does not impede the negotiation process or give an unfair advantage to one or more offerors.
(Ord. 121.42, passed 10-27-20)