In addition to the procedures for soliciting contracts for consultant
and personal services, contracts for goods and services not required
to be procured by competitive bidding may be solicited through use
of an RFP, RFQ, or SOQ.
Each member of any committee appointed to make an RFP, RFQ,
or SOQ contract award shall file a written statement that he/she does
not have a conflict of interest that would preclude him/her from serving
upon the designated committee.
The RFEI and RFI may be utilized by a department prior to, or
instead of, initiating the RFP, RFQ, or SOQ process. The RFEI may
be used in order to gauge interest, target an audience, or create
a short list of potential responders for a subsequent RFP or RFQ issue.
An RFI may be utilized to gather information to learn about the options
available to address a particular need prior to initiating the RFP
process. In all cases, these requests will not result in the award
of a contract, but may only be used as assistance in the development
of an RFP, RFQ, or SOQ. If an RFEI is utilized to create a short list,
it must clearly convey that only responders to the RFEI may respond
to the RFP, RFQ, or SOQ.
The RFP shall delineate the criteria, methodology and instrument
for the evaluation of both general qualifications and technical services
that will be used to score the RFP.
A separate committee shall be appointed solely for the purpose
of making an award in relation to a specific RFP. The membership of
such evaluation committee shall, at a minimum, include the following:
A.
The County Executive or the County Executive's duly authorized representative(s);
B.
A second duly authorized representative of the County Executive (Budget
or Management);
C.
The Presiding Officer of the Suffolk County Legislature or the Presiding
Officer's duly authorized representative;
D.
The department head of the department requesting the RFP or his/her
representative.
The RFP committee charged with evaluating proposals may conduct
additional discussions and negotiations with proposers whose proposals
are determined to be reasonably likely of being selected for award,
for the purpose of clarification and to assure full understanding
of, and conformance to, the solicitation requirements. Proposers 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 best and final offers. In conducting discussions, there
shall be no disclosure of the identity of competing proposers or of
any information derived from proposals submitted by competing proposers.
Subject to the requirements of Administrative Code § A4-13, Preferences for businesses located within Suffolk and Nassau Counties, the award shall be made to the responsible proposer whose proposal is determined in writing to offer the best value to the County, taking into consideration price and the evaluation factors set forth in the RFP. No other factors or criteria shall be used in the evaluation. The contract procurement file shall contain the basis on which the award was made. In the event the lowest quote or proposal is not selected, there must be written documentation explaining why in the record.
A.
Emergency. In the case of a public emergency arising out of an accident
or other unforeseen occurrence or condition, whereby circumstances
affecting public buildings, public property or the life, health, safety
or property of the inhabitants of Suffolk County require immediate
action, and when such a public emergency is declared in writing by
the County Executive, contracts may be let by the appropriate officer,
board or agency;
B.
Intra- and inter-governmental procurements;
C.
Experts necessary in connection with ongoing litigation to which
the County is a party may be awarded by the County Attorney.
D.
Waivers. Formal bid solicitations or RFP for the hiring of certain
consultant or personal services requiring special or technical skill,
training, or expertise in the $25,000 and over range may be waived
by a waiver committee made up of the County Executive or his/her duly
authorized representative, the Presiding Officer of the County Legislature
or his or her duly authorized representative and a member appointed
by the County Executive, where it would be in the best interest of
the County to do so.
(1)
Such a waiver would be appropriate where the individual or company
must be chosen based on accountability, reliability, responsibility,
skill, education and training, judgment, integrity and moral worth;
these qualifications are not necessarily found in the individual or
company that submits the lowest bid or proposal, and the nature of
these services are such that they do not readily lend themselves to
competitive procurement procedures.
(2)
In determining whether a service fits into this category, the
waiver committee shall take into consideration the following guidelines:
(a)
Whether the services are subject to state licensing or testing
requirements.
(b)
Whether substantial formal education or training is a necessary
prerequisite to the performance of the services.
(c)
Whether the services require a professional relationship between
the individual and municipal officials.
[1]
Professional or technical services shall include, but not be
limited to, the following: services of a physician; technical services
of an engineer engaged to prepare plans, maps and estimates; securing
insurance coverage and/or services of an insurance broker; services
of a certified public accountant; investment management services;
printing services involving extensive writing, editing or art work;
management of municipally owned property; outside counsel or consultants
hired in connection with litigation or other legal work performed
by or on behalf of the County; and computer software or programming
services for customized programs, or services involved in substantial
modification and customizing or prepackaging software.
[2]
Meetings of the waiver committee shall take place with at least
three days' notice to members of the committee, and an agenda will
be distributed to the committee's members no later than two days prior
to a meeting. The committee will not consider any proposed waiver
that does not appear on the agenda.
[3]
Public notice of waiver committee meetings shall be given in
accordance with § 104 of the New York Public Officers Law,
and all such meetings shall be open to the public.
[4]
The waiver committee shall issue a written statement when it
approves a waiver. Such statement shall cite the facts and criteria
the committee relied upon in issuing the waiver.
A.
Solicitations are hereby waived in those instances in which a not-for-profit,
nonprofit, or for-profit corporation, organization or provider has
received designation as a line item for funding purposes in the Suffolk
County operating budget and the funding constitutes a payment for
reimbursement rates for client services set by Suffolk County and/or
payment for reimbursement of rates established by contract for client
services by Suffolk County, or in those instances in which a not-for-profit,
nonprofit, or for-profit corporation, organization or provider is
selected to provide client services under block or generic funding
in the Suffolk County operating budget and the funding constitutes
a payment for reimbursement rates for client services set by Suffolk
County and/or payment for reimbursement of rates established by contract
for client services by Suffolk County. In these instances, instead
of utilizing the RFP process, the pertinent department shall request,
with maximum notice to the public, potential vendors to submit written
documentation, in a formal request for qualification process, pertaining
to the credentials, qualifications, expertise, experience, reliability,
financial viability and background of such vendor so that the pertinent
department may select the most qualified vendor to provide the client
services.
B.
Use of procurement contracts for client services. Contracts for client
services shall be used when the principal purpose is to obtain the
services of an organization for the benefit of third-party clients.
Such contracts shall be awarded to the vendor who scores highest in
the categories of expertise, experience, reliability, training, financial
viability, qualifications and overall background, as determined by
the pertinent department at the conclusion of a formal process.
C.
Suffolk County, the County Departments of Social Services, Health
Services, and any other pertinent agency or department, shall waive
any RFP or request for qualification requirement and allow maximum
participation in the selection process that leads to the award of
contracts for home health care providers, subject to a rate of reimbursement
set by Suffolk County and/or payment for reimbursement of rates established
by contract by Suffolk County, and subject to a relationship with
the pertinent County department based on accountability, reliability,
skill, education and training, judgment, integrity, character and
competence pursuant to state regulations and licensing requirements.
D.
In compliance with federal law (42 U.S.C. § 1396a, 42 CFR
431.50) and New York regulations (18 NYCRR 360-6.3), where home health
care clients have the right to choose their provider, the County Commissioners
of Social Services and Health Services are hereby authorized, empowered
and directed to award the contracts if the provider agrees to the
County's set reimbursement rate and/or rates set by contract. These
contracts shall be identical, as to all particulars, to those between
existing providers and the County of Suffolk.
E.
Suffolk County and the County Department of Social Services, or any
other pertinent agency or department, shall waive any RFP or request
for qualification requirement in the selection process that leads
to the award of contracts for foster care services or family day-care
services. For the purposes of this subsection, "family day-care services"
shall mean caring for children for more than three hours per day per
child in a family home for at least three, but not more than six,
children by an individual or individuals acting as individuals (not
as a for-profit, nonprofit, or not-for-profit organization) and who
are not associated with other providers of family day-care services
for purposes of collecting, qualifying for, or securing payment or
reimbursement for such family day-care services from federal, state
or local government. A family day-care services provider may, however,
care for seven or eight children at any one time if no more than six
of the children are less than school age and the school-aged children
receive care primarily before or after the period such children are
ordinarily in school, during school lunch periods, on school holidays
or during those periods of the year in which school is not in session
in accordance with the regulations of the County Department of Social
Services, and the Department inspects such home to determine whether
the provider can care adequately for seven or eight children. Nothing
contained herein shall be construed as preventing any providers of
family day-care services from associating or affiliating with each
other for purposes other than collecting, qualifying for or securing
payment or reimbursement for such family day-care from federal, state
or local government.
F.
Multi-term contracts.
(1)
Multi-term contracts may be used for client services where:
(2)
Care shall be exercised in the use of multi-term contracts to
ensure such contracts do not violate the policy of open competition
in public procurement. Each department or agency awarding a multi-term
contract, when exercising permitted discretion, shall select the shortest
appropriate contract term.
(3)
Planning. Each agency awarding client services contracts shall
annually review its entire portfolio of client services contracts
(including all existing and anticipated contracts which may occur
over the course of the planning period) and shall submit to Central
Purchasing, in the County Department of Audit and Control, for approval,
a plan and schedule for renewing and competitively soliciting the
client services contracts in the portfolio.
A.
For the purpose of procuring certain professional services where the payment rates are established by the federal or state government, or when the County contracts with all qualified providers, any user department may procure them without the requirement of issuing a RFP as per § 1065-15 in accordance with the selection procedures specified in § 1065-34.
B.
Conditions for use. This section shall only apply to professional
service contracts where the rates to be paid by the County are set
by the federal or state government, and where all qualified entities
are considered for contracts.
C.
Statement of qualifications. Persons or entities engaged in providing
the designated types of professional services may submit statements
of qualifications or expressions of interest in providing such services
to the appropriate department head or commissioner.
D.
Format. Contracts using such professional services may specify a
uniform format for statements of qualifications. Persons may amend
these statements at any time by filing a new statement.
E.
Public notice. Adequate public notice of contracting opportunities
covered by this section shall be given by the user department.
