§ 38.023 REQUESTS FOR QUALIFICATIONS.
   (A)   Policy. The city, at the request of a using agency, may issue a request for qualifications for services for a means of prequalifying a firm prior to proceeding with a competitive seated bid as set forth herein or a request for proposal as set forth herein. The remaining requirements hereof shall be followed for those firms that are prequalified.
   (B)   Solicitation of professional service firms. The Director of Purchasing shall, upon request of a using agency, issue a request for qualifications in order to encourage firms engaged in the lawful practice of their profession to submit a statement of qualifications and performance data. The request for qualifications shall be published in appropriate trade and professional publications in order to attain the objectives of the policies set forth in this section.
   (C)   Selection Committee. The Director of Purchasing or his designee shall establish a Selection Committee of two or more people to review responses to requests for qualifications. No member of the Selection Committee shall have a financial interest in the transaction.
      (1)   Review of responses to request for qualifications. The Selection Committee shall evaluate the responses to requests for qualifications.
      (2)   Recommendation. Based on its review, the Selection Committee shall submit to the Director of Purchasing a list, in rank order based on the evaluation factors and criteria established by the Selection Committee, of no fewer than three firms, if possible.
      (3)   Services other than architectural and engineering services. For services other than Architectural and Engineering services, upon submission to the Director of Purchasing of the list contemplated under division (C)(2) above, in lieu of the negotiations as contemplated in division (C)(4) below, invitations to bid or requests for proposals, whichever is applicable given the nature of the procurement involved, shall be sent to those appearing on the list. The successful bidder or respondent shall, thereafter, be chosen in accordance with the provisions of either § 38.022 and 38.023, whichever is applicable.
      (4)   Architectural and engineering services negotiations. It is the policy of the city to publicly announce all requirements for architectural and engineering services and to negotiate contracts for architectural or engineering services on the basis of demonstrated competence and qualifications for the type of services required and at fair and reasonable prices.
         (a)   With respect to the procurement of Architectural and Engineering Services costing $25,000 or more, a list of qualified firms shall be chosen as provided for in divisions (B) and (C)(1) and (2) above. Upon submission to the Director of Purchasing of the list contemplated under division (C)(2) above, the Director of Purchasing, or his designee, shall negotiate a contract with the highest qualified firm at the compensation, which the Director of Purchasing, or his designee, determines in writing to be fair and reasonable to the city.
            1.   Considerations. In preparing a decision the Director of Purchasing, or his designee, shall take into account the estimated value, the scope, the complexity and the professional nature of the services to be rendered.
            2.   Failure to negotiate a contract. Should the Director of Purchasing, or his designee, be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price the Director of Purchasing determines to be fair and reasonable to the city, negotiations with that firm shall be formally terminated. If negotiations are to continue, the Director of Purchasing, or his designee, shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the Director of Purchasing, or his designee, shall formally terminate negotiations. Should the Director of Purchasing, or his designee, be unable to negotiate a contract at a fair and reasonable price with any of the selected firms, the Director of Purchasing, or his designee, shall select additional firms in order of their competence and qualifications and the Director of Purchasing, or his designee, shall continue negotiations in accordance with this section until an agreement is reached. If, at any time during this process, the Director of Purchasing determines that cancellation of the existing procurement process would be in the best interests of the city, he may do so in writing.
         (b)   With respect to the procurement of Architectural and Engineering Services under $25,000, all such services shall be solicited and selected in accordance with the regulations or policies promulgated by the Director of Purchasing.
(Ord. passed 6-20-2005)