§ 2-137.5. Request for proposals (competitive sealed proposals).

(a)

When the purchasing and contracts manager determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the city, a contract may be entered into by the use of the competitive sealed proposal method.

(b)

Public notice. Adequate public notice of the request for proposals (RFP) shall be given in the same manner as provided in subsection (a)(1)b of this section, ("Methods of Source Selection, Competitive Sealed Bidding, Public Notice").

(c)

Addenda. After a request for proposals is issued and before the submission deadline, the purchasing and contracts division may issue one (1) or more written addenda for the purpose of clarifying specifications or other matters relating to the RFP. The purchasing and contracts manager or designee may establish a deadline for written questions concerning the bid, after which time, no additional questions will be accepted.

(d)

Receipt of proposals. Proposals shall be opened so as to avoid disclosure of contents to competing offerors during the process of negotiation. A register of proposals shall be prepared in accordance with regulations, and shall be open for public inspection in accordance with F.S. ch. 119, Florida Public Records Law, as amended.

(e)

Evaluation factors. The request for proposals shall state the criteria to be used in the evaluation of the proposals which shall include their relative importance.

(f)

Evaluation committee. The city manager shall appoint an evaluation committee to evaluate and make a recommendation based on the criteria set forth in the request for proposals. The purchasing and contracts manager shall recommend to the city manager, prospective members for the committee who may include but shall not be limited to, representatives of the end user agency, including any assigned project manager, or individuals who may possess a level of skill or expertise related to the scope of work. All meetings of an evaluation committee shall be open to the public in accordance with the Florida Sunshine law, as amended, and public notice shall be conspicuously posted by the city.

(g)

Discussion with responsible offerors and revisions to proposals. As provided in the request for proposals, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably acceptable for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining BAFOs. In conducting such discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors. In the event of receipt of an adequate number of proposals, which in the opinion of the evaluation committee require no clarification and/or supplementary information, such proposals may be evaluated without discussion or need for presentations.

(h)

Award. Award shall be made to the responsible offeror whose proposal conforms to the solicitation and is determined in writing to be the most advantageous to the city taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis upon which the award is made. The city reserves the right to waive any and all formalities of the proposal procedure and to award the proposal in the best interest of the city.

(i)

Continuing services contracts. Continuing services contracts are defined as contracts for professional services entered into in accordance with F.S. § 287.055, whereby a firm provides professional services for projects in which construction costs, and costs for a study activity do not exceed the then current thresholds outlined in F.S. § 287.055, or for work of a specified nature as outlined in the contract required by the city, with no time limitation except the contract must provide a termination clause. Continuing services contracts shall be awarded using a qualifications based selection procedure in accordance with F.S. § 287.055.

(Ord. No. 14O-09-149, § 1, 9-29-14)

Editor's note

Ord. No. 14O-09-149, § 1, adopted Sept. 29, 2014, set out provisions intended for use as § 2-137.2. At the editor's discretion, these provisions have been included herein as § 2-137.5. See also editor's note to § 2-137.