Procurements under a Request for Proposal (RFP) or Request for Qualifications (RFQ) are appropriate for services that are not subject to legal public bidding requirements. Such procurements may include consulting services, professional services, and maintenance services as described in this section.
(A) RFP or RFQ. If there are no statutory or funding condition requirements that specify use of an RFP or RFQ, selection is based on the nature of the procurement. For example, an RFP is generally the preferred option for project-based procurement where the specific scope of services is known in advance and one of the primary criteria will be the best lump sum price for providing services (although experience and qualifications may also be considered). An RFQ is often preferable for ongoing or on-call professional or consulting services where there is not a single, defined project and the qualifications and experience of the consultant are the primary criteria (although hourly rates may also be considered).
(B) RFP/RFQ required.
(1) Architectural and engineering services. Per Cal. Gov't Code § 4529.12, all architectural and engineering services shall be procured pursuant to a fair, competitive selection process. Therefore, an RFP/RFQ process must be followed. The term "architectural and engineering services" includes all architectural, landscape architectural, environmental, engineering, land surveying, and construction project management services (see Cal. Gov't Code § 4529.10).
(2) Design-build. An RFQ and RFP must be used if the city adopts an ordinance for design-build procurement under Cal. Public Contract Code §§ 22160 et seq.
(3) Funding source requirement. The city shall comply with county, state, or federal funding source requirements for use of an RFP/RFQ.
(4) Master service agreements. Master service agreements may be entered into with specific vendors for support services on an "as needed" basis pursuant to an RFP process.
(C) RFP/RFQ not required.
(1) Professional/consultant services. The city may contract with any specially trained and experienced persons, firms or corporations for special services and advice in financial, economic, accounting, legal or administrative services. Selection shall be on the basis of demonstrated competence, on the professional qualifications necessary for the satisfactory performance of the services required, and at a fair and reasonable price to the city. To obtain the best competitive value for services, the city may employ an RFP or RFQ process dependent on nature of the services, complexity, estimated cost, and immediate needs as determined by the City Manager.
(2) Routine supplies/equipment. Procurement of routine supplies or equipment where best price is the only objective, there is no need to use an RFP/RFQ. A clear and specific request for price quotes or informal bidding requirements per § 2-4.05 of this Code is often the most efficient procurement method for obtaining the best price for goods except that factors other than low price may be considered. However, the city may choose to use an RFP/RFQ process.
(Ord. 996 C.S., passed 12-21-22)