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Request For Proposals (RFP) Process Board of Directors Special Meeting January 29, 2014
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OBJECTIVES OF DICUSSION Educate the Board of Directors on the existing Request for Proposals (RFP) process and provide detailed information on the process section by section. 2
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OVERVIEW Procurement Code Definition of Request for Proposals (RFP) The Procurement Code, Chapter 23, defines Request for Proposal (RFP) as a solicitation for proposals to provide a solution to a problem or a course of action or a determination of data findings useful to the City. RFP vs.Bid Used to solicit goods and services.A written offer for specific goods and The RFP presents preliminary requirementsservices. The response to a bid is for for the commodity or service, and maya specific line unit item described in dictate to varying degrees the exactdetail. Bids are used in formal structure and format for vendors to respond.solicitations for construction projects The RFP informs vendors of what the Citywhere each line item is known and is looking to accomplish and encouragesdescribed in the price sheet for vendors vendors to propose their best approach.to respond to. A bid is awarded The RFP process allows for negotiationto the lowest responsive, of price, and terms and conditions.responsible vendor. Award of the contract is made to the highest ranked responsive, responsible vendor. 3
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Cover page identifying the RFP # and the service being requested. Table of Content Notice page provides : -any Minimum Qualification Requirements -link to City’s website where the RFP can be obtained -submittal due date -bonding requirements -pre-proposal conference information -last day to ask questions -where the responses are to be sent to -instructions for submittal of proposal -references submittal information -contract term -contract price -conflict of interest -cone of silence -information on the form contract -information on the contract for execution -information on insurance requirements STRUCTURE OF AN RFP- standard information. Required information from the vendors. 4
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STRUCTURE OF AN RFP – continued (standard information) Definitions page List of Administrators and Department Liaisons for the project Purpose of the RFP with technical specifications Tentative Timetable from the date RFP is released through Project start date Background information for the City Where to send questions regarding the RFP Submission of Proposals – this section outlines in detail the format in which firms must follow when responding to the RFP. This Section includes the submission of Cost, if applicable, the submission of the Local Vendor Preference, the requirement of the Community Benefit Plan if applicable. Cost Sheet Form – outlines and provides the format in which all firms must use to respond to cost if cost is part of the RFP. Proposal Evaluation Criteria – this section outlines how the firms will be evaluated and provides the actual potential points. 5
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STRUCTURE OF AN RFP – continued- standard information City’s Terms and Conditions which include all of the following requirements explained in detailed: -Community Benefit Plan -Local City of Hallandale Vendor -Domestic Partnership Benefits Requirement -Tax Savings Direct Purchases (TSDP) -Cone of Silence -Lobbyist Registration -Public Records -Addenda and Modifications -Copyrights and or patent rights -Taxes -Liability, Insurance, Licenses and Permits -Nondiscrimination, Equal Opportunity and Americans with Disabilities Act -Protest Procedures 6
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STRUCTURE OF AN RFP – continued – standard information Forms – the Forms Section of the RFP contains the forms that all firms must complete and submit -Variance Form – any changes to the terms and conditions, scope of work, form agreement, etc. must be provided on this form. -This proposal submitted by form – requires the authorized officer of the firm to complete and sign. -Domestic Partnership Certification Form -Conflict of Interest Notification Requirement Questionnaire – if firm submitting a proposal has an employee, board member, elected official or an immediate family member of such person it must be indicated on this form. -Drug Free Workplace form 7
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COMMUNITY BENEFIT PLAN – CBP – City Projects - items at issue The Procurement Code requires the CBP for City funded Capital Construction Projects in excess of $1 million. How the CBP is applied and encouraged: - Non-City projects through development agreements. - Non Capital projects through community philanthropic participation as additional bonus points through the evaluation process. In RFPs the following requirement and language is included for the projects that are not Capital Projects in excess of $1 million: “The City of Hallandale Beach is committed to ensuring that all projects in the City provide a form of tangible benefit to the community. Accordingly, proposers must demonstrate and provide a proposed Community Benefit Plan which has identifiable and observable community benefits for the community surrounding the Project and the City of Hallandale Beach. The Community Benefit Plan benefits should include the approach the selected vendor will take to ensure a partnership between the City and vendor to provide activities that will benefit the Community such as Philanthropic participation in City-sponsored, Community- based organizations and/or programs, such as the Police Athletic League(PAL), City’s Food Pantry, Future Foundation and City’s local transit Program (Minibus). Other eligible activities include, community outreach, mentoring, training or apprenticeships, or any other types of identifiable ancillary benefits for the community.” 8
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CRA Projects – application of Community Benefit Plan CRA private developments do not include a Community Benefit Plan. If the private development has a public purpose then the Community Benefit Plan is applied. It is a best practice to apply City Ordinances for the use of public funds. 9
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PERFORMANCE BONDS – WHEN IS IT REQUIRED? Chapter 23-03 : A performance and payment bond issued by a surety licensed to do business in the state, may be required in an amount at least equal to the contract price or such higher amount as may be found reasonably necessary to protect the best interest of the city. City operating procedures apply the Performance and Payment Bond for all solicitations in excess of $100,000. F.S. 255.05 requires the contractor that will provide for the construction of a public building, for the prosecution and completion of a public work, or for repairs upon a public building or public work, to provide a payment and performance bond from a surety authorized to do business in this state. At the discretion of the official or board awarding a contract when such work is done for any county, city, political subdivision, or public authority, a person entering into such contract that is for $200,000 or less may be exempted from executing the payment and performance bond. Performance bonds are generally issued as part of a Performance and Payment Bond where a Payment Bond guarantees that the contractor will pay the labor and material costs they are obliged to. 10
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PERFORMANCE BONDS - CONTINUED The City standard operating procedures: - All solicitations over $100,000 have the requirement of a Performance and Payment Bond. - For all solicitations under $100,00, the risk of non-performance is assessed by the Risk Manager and Technical Expert to request a Performance and Payment Bond. The determination is made by asking “what is the risk if the vendor does not perform under this project”. - The Performance and Payment Bond required is general equal to the contract amount. This is required by State and Federal Law for publicly funded projects and it is best practice. 11
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CRA projects and performance and payment bond requirement CRA Projects may fall under the definition of publicly- funded projects. CRA projects whether publicly funded or not for private developments: no Performance and Payment Bond is required. CRA projects for public purposes: a Performance and Payment Bond is required. It is best practice to protect public funds. 12
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PERFORMANCE BONDS-WHY REQUIRED A Performance Bond protects the public entity from loss due to the contractor’s inability to complete the contract as agreed. It is best practices and standards. 13
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City’ Procurement Code Requirements Community Benefit Plan (CBP) The Procurement Code requires the CBP only for Capital Construction in excess of $ 1 million. Domestic Partner Benefits (DPB) T he Procurement Code requires the DPB for Contractors with five (5) or more employees contracting with the City in an amount valued over $50,000 to provide equal benefits to domestic partners. Local City of Hallandale Beach Vendor Preference (LCHBVP) The Procurement Code requires applicability of the LCHBVP to all RFPs. Performance Bond The Procurement Code states : A performance and payment bond issued by a surety licensed to do business in the state, may be required in an amount at least equal to the contract price or such higher amount as may be found reasonably necessary to protect the best interest of the city. Tax Savings Direct Purchases (TSDP)The Procurement Code states the City may utilize the TSDP on public works contracts in which private firms will install tangible property for all projects of $1 million or above.
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Notification of release of an RFP to vendors The City uses the following avenues to notify vendors of a release of an RFP - advertise 1 time in the Sun Sentinel classified - post RFP in Demandstar. Demandstar is a site where vendors that pay a fee receive notification of solicitations. - post RFP in City’s website. - email notice to vendors that have completed a Vendor Application for the specific commodity and/or service. 14
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QUESTIONS….
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