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A. Other Methods: When the purchasing agent, or designee, determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the City, an agreement may be entered into using methods, as approved and authorized under this chapter, other than the competitive sealed proposals method.
B. Request For Proposals/Request For Statement Of Qualifications: Competitive sealed proposals shall be solicited through a request for proposals ("RFP") or a request for a statement of qualifications (RFQ).
C. Public Notice: Adequate public notice of the RFP or RFQ shall be given in the same manner as provided in subsection 3.10.080C, "Public Notice", of this article.
D. Receipt Of Proposals: No proposals shall be handled so as to permit disclosure of the contents, except for the names of the offerors, of any proposal to competing offerors during the process of negotiation. A register of proposals shall be prepared containing the name of each offeror, the number of modifications received, if any, and a description sufficient to identify the item offered. The register of proposals shall be open for public inspection only after award of the agreement.
E. Evaluation Factors:
1. The RFP or RFQ shall state the relative importance of price and other evaluation factors, including the quantitative basis for evaluation. No criteria may be used in an RFP or RFQ response evaluation that are not set forth in the RFP or RFQ.
2. Pursuant to State law, if the RFP or RFQ is for a construction project, RFP criteria must include, and require the offeror to show, the existence and quality of:
a. An offeror's company safety plan; and
b. The offeror's safety plan for the specific project that is the subject of the proposal.
F. Mandatory Selection Committee: All RFP or RFQ awards shall be made by a Selection Committee, which shall evaluate RFP or RFQ responses according to the evaluation factors required by subsection E of this section. The Selection Committee shall be comprised of no less than three (3) members. Not less than one member shall represent the department to which the RFP or RFQ applies, and not less than one member shall be the purchasing agent, or his/her designee. For RFPs or RFQs with an anticipated award amount of more than two hundred fifty thousand dollars ($250,000.00), not less than one member shall represent the Finance and Administration Department. No member of any Selection Committee shall communicate or negotiate with any potential offeror, except in the presence of the entire Selection Committee.
G. Discussion With Responsible Offerors And Revisions To Proposals: As provided in the RFP or RFQ, discussions may be conducted with responsible offerors who submit proposals determined to have a reasonable chance of being selected to clarify and to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment to discuss and revise proposals in writing and such written revisions may be permitted by the Selection Committee after submissions and prior to award to obtain best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors, except for the names of the offerors.
H. Award: Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the City, taking into consideration price and the evaluation factors set forth in the RFP or RFQ. No other factors or criteria shall be used in the evaluation. The agreement file shall contain the basis on which the award is made. (Ord. 19-05: Ord. 17-14)
A. Authority: The City may procure the services of financial and legal advisors, accountants, physicians, dentists, veterinarians, information technology professionals, as defined by the laws of the State of Utah, and similar professional services, in accordance with the selection procedures specified in this section, subject to the requirements of section 3.10.110
, “Minimal And Small Purchases”, of this article. Such services shall require approval of the purchasing agent, or designee. The procurement of architectural and engineering services is exempt from this section and is governed by section 3.10.420
of this chapter.
B. election Procedure:
1. Conditions For Use: Except as provided under section 3.10.110
, “Minimal And Small Purchases”, 3.10.130
, “Sole Source Procurement”, 3.10.160
, “Procurement For Emergencies And Public Threats”, or 3.10.420
, “Public Announcement And Selection Process For Architectural And Engineering Services”, of this chapter, the professional services designated in subsection A of this section shall be procured in accordance with this subsection.
2. Statement Of Qualifications: Persons engaged in providing professional services may submit statements of qualifications and expressions of interest in providing such professional services to the purchasing agent, or designee. The purchasing agent, or designee, may specify a uniform format for statements of qualifications. Persons may amend these statements at any time by filing a new statement with the purchasing agent, or designee.
3. Public Announcement And Form Of RFP Or RFQ: Adequate notice of the need for professional services shall be given by the City through an RFP or RFQ. The RFP or RFQ shall describe the professional services required, list the types of information and dates required, and state the relative importance of particular qualifications.
4. Discussions: The City may conduct discussions with any offeror who has submitted a proposal to determine such offeror's qualifications for further consideration. Discussions shall not disclose any information derived from proposals submitted by other offerors.
5. Award: Award shall be made to the offeror determined in writing by the City to be best qualified based on the evaluation factors set forth in the RFP or RFQ, and negotiation of compensation determined to be fair and reasonable. If compensation cannot be agreed upon with the best qualified offeror, then negotiations will be formally terminated with the selected offeror. If proposals were submitted by one or more other offerors determined to be qualified, negotiations may be conducted with such other offeror or offerors, of their respective qualification ranking, and the agreement may be awarded to the offeror then ranked best qualified if the amount of compensation is determined to be fair and reasonable. (Ord. 23-20: Ord. 17-14)
A. General: This section defines minimal and small purchases and the rules governing them. These purchases can only be made by City employees who have been authorized as stated in this chapter.
B. Applicability: This section applies to the procurement of operational supplies, nonprofessional services, professional services, building improvements, public works projects, construction work and construction related supplies subject to the limitations in this section. This section does not apply to the procurement of architectural and engineering services, which is governed by section 3.10.420 of this chapter.
C. Minimal Purchases; No Solicitation Process Required: Minimal or insignificant purchases are defined below. If such purchases are made without solicitation processes, they can only be made as stated below:
1. Purchases of operational or construction related supplies or nonprofessional services having a total value of less than ten thousand dollars ($10,000.00).
2. Purchases of professional services having a total value of less than sixty thousand dollars ($60,000.00), but only when such purchase is approved in writing in advance by the department director, the purchasing agent and the Director of Finance and Administration.
3. Except as provided in subsections F3 and F4 of this section, purchases of construction work, but not architectural and engineering services which are governed by section 3.10.420 of this chapter, having a total value of less than thirty-five thousand dollars ($35,000.00), but only when such purchase is approved in writing in advance by the department director, the purchasing agent and the Director of Finance and Administration.
4. Purchases of building improvements or public works projects having a total value of less than thirty-five thousand dollars ($35,000.00).
D. Required Accounting Procedures: Any department making purchases under this section shall implement and follow accounting procedures that are acceptable to the Finance and Administration Department.
E. Agreement: Any purchases of professional services or construction under this section shall be formalized using an agreement, and such agreement shall state the minimum terms necessary to protect the City’s interest. The fully executed agreement shall be filed with the City Recorder’s Office.
F. Small Purchases: Small purchases of supplies and services are most effectively made using minimal procurement processes. In the procurement rules, the purchasing agent may define small purchases in various areas of procurement by establishing maximum dollar amounts for these purchases, subject to the Mayor’s approval. The procurement rules shall prescribe minimal and expeditious processes to use when making these purchases. Small purchases, may only be made as outlined in this section:
1. Contracts for operational or construction related supplies or nonprofessional services having a total value of ten thousand dollars ($10,000.00) and not more than seventy-five thousand dollars ($75,000.00).
2. Contracts for professional services, having a total value of sixty thousand dollars ($60,000.00) and not more than one hundred thousand dollars ($100,000.00).
3. Purchases of building improvements having a total value of thirty-five thousand dollars ($35,000.00) and not more than the bid limit specified in the definition of “bid limit” in section 3.10.030 of this chapter.
4. Purchases of public works projects having a total value of thirty-five thousand dollars ($35,000.00) and not more than the bid limit specified in the definition of “bid limit” in section 3.10.030 of this chapter.
5. Except as provided in subsections F3 and F4 of this section, contracts for construction work having a total value of thirty-five thousand dollars ($35,000.00) and not more than one hundred thousand dollars ($100,000.00), excluding architectural and engineering services, which are governed by section 3.10.420 of this chapter.
G. Who May Make Purchases: Only the purchasing agent, or designee, department directors and employees designated by department directors and approved by the Mayor, may make small purchases as defined in this section. In making small purchases, the following procedures may be used in lieu of a bid or proposal process:
1. Solicitation And Award: Purchases shall be made by soliciting bids from no less than three (3) businesses:
a. For purchases of supplies or nonprofessional services, the businesses shall submit telephone, electronic or written quotations to meet the City’s described needs. Award shall be made to the business offering the lowest acceptable quotation.
b. For professional services, the City shall prepare a brief statement of needs. The City may communicate this statement to the businesses in writing, electronically or verbally, and the businesses shall submit their qualifications to meet the described needs. Award shall be made to the business presenting the best overall qualifications and value to the City.
c. For construction work, including building improvements and public works projects that have a value of not more than the bid limit specified in the definition of “bid limit” in section 3.10.030 of this chapter, the businesses shall submit telephone, electronic or written quotations to meet the City’s described needs, and if requested by the City, shall submit qualifications in the manner described for professional services. Award shall be made to the qualified business submitting the lowest acceptable quotation.
H. Records: Any department making a small purchase shall retain a record of the names of the businesses contacted, those offering quotations, and the date and amount of each quotation, and shall document, either on the City’s electronic purchasing system or by paper copy provided to the purchasing agent, or designee, all quotes received. Such records shall be retained as determined by the City Recorder, in accordance with the Utah records retention schedule.
I. Manipulation Prohibited: Purchases shall not be manipulated to fall within this section. Without limitation, agreements shall not be artificially divided, such as by awarding numerous agreements to a single person for substantially similar performances, or by dividing the work required for a single project solely for purposes of making use of this section. The purchasing agent, or designee, may impose requirements in addition to those set forth in this subsection to provide for equitable and competitive procurement in an expeditious manner.
J. Small Purchase Agreement Modifications And Renewals: Any agreement solicited under this chapter shall only be modified or renewed as follows:
1. Modifications: Agreements shall not be modified in excess of the maximum dollar amounts stated in this chapter, unless this requirement is waived in writing by the purchasing agent and the Director of Finance and Administration.
2. Renewals: Agreements shall not be renewed on a successive basis with the same party unless approved in writing by the purchasing agent or designee and in accordance with this chapter. (Ord. 23-20: Ord. 19-05: Ord. 17-14)
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