Columbus, Georgia

Georgia's First Consolidated Government

Post Office Box 1340
Columbus, Georgia, 31902-1340
(706) 653-4013
fax (706) 653-4016

Council Members

AN ORDINANCE

NO._________



An ordinance amending the Procurement Ordinance by adding a new Part D

to Article 5 to incorporate procurement requirements applicable to construction

projects using Federal Aid Highway Funding; and for other purposes.

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THE COUNCIL OF COLUMBUS, GEORGIA HEREBY ORDAINS:



SECTION 1.



ARTICLE 5 of the of the Procurement Ordinance, (Ordinance No.85-23 as

amended by Ordinance Nos. 85-121,85-136,86-53,99-18,02-8,02-42, and 05-54, and

09-24)) is hereby amended by adding a new Part D to Article 5 to read as

follows:



?PART D Procurement Requirements for Projects Using Federal Aid Highway Program

(FAHP) Funding



Except as provided in sections 5-402 and 5-403 below, the Columbus Consolidated

Government shall use the competitive negotiation method for the procurement of

engineering and design related services when FAHP funds are involved in the

contract (as specified in 23 U.S.C. 112(b)(2)(A)). The solicitation,

evaluation, ranking, selection, and negotiation shall comply with the

qualifications-based selection procurement procedures for architectural and

engineering services codified under 40 U.S.C. 1101?1104, commonly referred to

as the Brooks Act.



5-401 Competitive Negotiation Qualifications-based Selection



In accordance with the requirements of the Brooks Act, the following procedures

shall apply to the competitive negotiation procurement method:



(1) Solicitation.



The solicitation process shall be by public announcement, public advertisement,

or any other public forum or method that assures qualified in-State and

out-of-State consultants are given a fair opportunity to be considered for

award of the contract. Procurement procedures may involve a single step process

with issuance of a request for proposal (RFP) to all interested consultants or

a multiphase process with issuance of a request for statements or letters of

interest or qualifications (RFQ) whereby responding consultants are ranked

based on qualifications and request for proposals are then provided to three or

more of the most highly qualified consultants. Minimum qualifications of

consultants to perform services under general work categories or areas of

expertise may also be assessed through a prequalification process whereby

statements of qualifications are submitted on an annual basis. Regardless of

any process utilized for prequalification of consultants or for an initial

assessment of a consultant?s qualifications under an RFQ, a RFP specific to the

project, task, or service is required for evaluation of a consultant?s specific

technical approach and qualifications.



(2) Request for Proposal (RFP).



The RFP shall provide all information and requirements necessary for interested

consultants to provide a response to the RFP and compete for the solicited

services. The RFP shall:



(A) Provide a clear, accurate, and detailed description of the scope of work,

technical requirements, and qualifications of consultants necessary for the

services to be rendered. The scope of work should detail the purpose and

description of the project, services to be performed, deliverables to be

provided, estimated schedule for performance of the work, and applicable

standards, specifications, and policies;



(B) Identify the requirements for any discussions that may be conducted with

three (3) or more of the most highly qualified consultants following submission

and evaluation of proposals;



(C) Identify evaluation factors including their relative weight of importance

in accordance with subparagraph (a)(1)(iii) of this section;



(D) Specify the contract type and method(s) of payment to be utilized in

accordance with ?172.9;



(E) Identify any special provisions or contract requirements associated with

the solicited services;



(F) Require that submission of any requested cost proposals or elements of cost

be in a concealed format and separate from technical/qualifications proposals

as these shall not be considered in the evaluation, ranking, and selection

phase; and



(G) Provide a schedule of key dates for the procurement process and establish a

submittal deadline for responses to the RFP which provides sufficient time for

interested consultants to receive notice, prepare, and submit a proposal, which

except in unusual circumstances shall be not less than 14 days from the date of

issuance of the RFP.



(3) Evaluation Factors.



(A) Criteria used for evaluation, ranking, and selection of consultants to

perform engineering and design related services must assess the demonstrated

competence and qualifications for the type of professional services solicited.

These qualifications-based factors may include, but are not limited to,

technical approach (e.g., project understanding, innovative concepts or

alternatives, quality control procedures), work experience, specialized

expertise, professional licensure, staff capabilities, workload capacity, and

past performance.



(B) Price shall not be used as a factor in the evaluation, ranking, and

selection phase. All price or cost related items which include, but are not

limited to, cost proposals, direct salaries/wage rates, indirect cost rates,

and other direct costs are prohibited from being used as evaluation criteria.



(C) In-State or local preference shall not be used as a factor in the

evaluation, ranking, and selection phase. State licensing laws are not

preempted by this provision and professional licensure within a jurisdiction

may be established as a requirement which attests to the minimum qualifications

and competence of a consultant to perform the solicited services.



(D) The following non-qualifications based evaluation criteria are permitted

under the specified conditions and provided the combined total of these

criteria do not exceed a nominal value of ten percent of the total evaluation

criteria to maintain the integrity of a qualifications-based selection:



(i) A local presence may be used as a nominal evaluation factor where

appropriate. This criterion shall not be based on political or jurisdictional

boundaries and may be applied on a project-by-project basis for contracts where

a need has been established for a consultant to provide a local presence, a

local presence will add value to the quality and efficiency of the project, and

application of this criteria leaves an appropriate number of qualified

consultants, given the nature and size of the project. If a consultant outside

of the locality area indicates as part of a proposal that it will satisfy the

criteria in some manner, such as establishing a local project office, that

commitment shall be considered to have satisfied the local presence criteria.



(ii) The participation of qualified and certified Disadvantaged Business

Enterprise (DBE) sub-consultants may be used as a nominal evaluation criterion

where appropriate in accordance with 49 CFR Part 26 and the Columbus

Consolidated Government?s FHWA-approved DBE program.



(4) Evaluation, Ranking, and Selection.



(A) Consultant proposals shall be evaluated by the Columbus Consolidated

Government based on the criteria established and published within the public

solicitation.



(B) While the contract will be with the prime consultant, proposal evaluations

shall consider the qualifications of the prime consultant and any

sub-consultants identified within the proposal with respect to the scope of

work and established criteria.



(C) Following submission and evaluation of proposals, the Columbus Consolidated

Government shall conduct interviews or other types of discussions determined

three of the most highly qualified consultants to clarify the technical

approach, qualifications, and capabilities provided in response to the RFP.

Discussion requirements shall be specified within the RFP and should be based

on the size and complexity of the project as defined in Columbus Consolidated

Government written policies and procedures (as specified in ? 172.5(c)).

Discussions may be written, by telephone, video conference, or by oral

presentation/interview. Discussions following proposal submission are not

required provided proposals contain sufficient information for evaluation of

technical approach and qualifications to perform the specific project, task, or

service with respect to established criteria.



(D) From the proposal evaluation and any subsequent discussions which have been

conducted, the Columbus Consolidated Government shall rank, in order of

preference, at least three consultants determined most highly qualified to

perform the solicited services based on the established and published criteria.



(E) Notification must be provided to responding consultants of the final

ranking of the three most highly qualified consultants.



(F) The Columbus Consolidated Government shall retain acceptable documentation

of the solicitation, proposal, evaluation, and selection of the consultant

accordance with the provisions of 49 CFR 18.42.



(5) Negotiation.



(A) Independent estimate. Prior to receipt or review of the most highly

qualified consultant?s cost proposal, the Columbus Consolidated Government

shall prepare a detailed independent estimate with an appropriate breakdown of

the work or labor hours, types or classifications of labor required, other

direct costs, and consultant?s fixed fee for the defined scope of work. The

independent estimate shall serve as the basis for negotiation and ensuring the

consultant services are obtained at a fair and reasonable cost.



(B) Elements of contract costs (e.g., indirect cost rates, direct salary or

wage rates, fixed fee, and other direct costs) shall be established separately

in accordance with ?172.11.



(C) If concealed cost proposals were submitted in conjunction with

technical/qualifications proposals, only the cost proposal of the consultant

with which negotiations are initiated may be considered. Concealed cost

proposals of consultants with which negotiations are not initiated should be

returned to the respective consultant due to the confidential nature of this

data (as specified in 23 U.S.C. 112(b)(2)(E)).



(D) The Columbus Consolidated Government shall retain documentation of

negotiation activities and resources used in the analysis of costs to establish

elements of the contract in accordance with the provisions of 49 CFR 18.42.

This documentation shall include the consultant cost certification and

documentation supporting the acceptance of the indirect cost rate to be applied

to the contract (as specified in ?172.11(c)).



5-402 Small Purchases.



The small purchase method involves procurement of engineering and design

related services where an adequate number of qualified sources are reviewed and

the total contract costs do not exceed an established simplified acquisition

threshold. The Columbus Consolidated Government may use the State?s small

purchase procedures which reflect applicable State laws and regulations for the

procurement of engineering and design related services provided the total

contract costs do not exceed the Federal simplified acquisition threshold (as

specified in 48 CFR 2.101). When a lower threshold for use of small purchase

procedures is established in State law, regulation, or policy, the lower

threshold shall apply to the use of FAHP funds. The following additional

requirements shall apply to the small purchase procurement method:



(A) The scope of work, project phases, and contract requirements shall not be

broken down into smaller components merely to permit the use of small purchase

procedures.



(B) A minimum of three consultants are required to satisfy the adequate number

of qualified sources reviewed.



(C) Contract costs may be negotiated in accordance with State small purchase

procedures; however, the allow ability of costs shall be determined in

accordance with the Federal cost principles.



(D) The full amount of any contract modification or amendment that would cause

the total contract amount to exceed the established simplified acquisition

threshold would be ineligible for Federal-aid funding. The FHWA may withdraw

all Federal-aid from a contract if it is modified or amended above the

applicable established simplified acquisition threshold.



(5-403) Noncompetitive Method.



The noncompetitive method involves procurement of engineering and design

related services when it is not feasible to award the contract using

competitive negotiation or small purchase procurement methods. The following

requirements shall apply to the noncompetitive procurement method:



(A) The Columbus Consolidated Government may use their own noncompetitive

procedures which reflect applicable State and local laws and regulations and

conform to applicable Federal requirements.



(B) The Columbus Consolidated Government shall establish a process to determine

when noncompetitive procedures will be used and shall submit justification to,

and receive approval from, the FHWA before using this form of contracting.



(C) Circumstances under which a contract may be awarded by noncompetitive

procedures are limited to the following:



(i) The service is available only from a single source;



(ii) There is an emergency which will not permit the time necessary to conduct

competitive negotiations; or



(iii) After solicitation of a number of sources, competition is determined to

be inadequate.



(D) Contract costs may be negotiated in accordance with the Columbus

Consolidated Government noncompetitive procedures; however, the allowability of

costs shall be determined in accordance with the Federal cost principles.



5-404 Additional Procurement Requirements.



(1) Common Grant Rule.



(A) The Columbus Consolidated Government must comply with procurement

requirements established in State and local laws, regulations, policies, and

procedures which are not addressed by or in conflict with applicable Federal

laws and regulations (as specified in 49 CFR 18.36).



(B) When State and local procurement laws, regulations, policies, or procedures

are in conflict with applicable Federal laws and regulations, the Columbus

Consolidated Government must comply with Federal requirements to be eligible

for Federal-aid reimbursement of the associated costs of the services incurred

following FHWA authorization (as specified in 49 CFR 18.4).



(2) Disadvantaged Business Enterprise (DBE) Program.



(A) The Columbus Consolidated Government shall give consideration to DBE

consultants in the procurement of engineering and design related service

contracts subject to 23 U.S.C. 112(b)(2) in accordance with 49 CFR part 26.

When DBE program participation goals cannot be met through race-neutral

measures, additional DBE participation on engineering and design related

services contracts may be achieved in accordance with the Columbus Consolidated

Government?s FHWA approved DBE program through either:



(i) Use of an evaluation criterion in the qualifications-based selection of

consultants (as specified in ? 172.7(a)(1)(iii)(D)); or



(ii) Establishment of a contract participation goal.



(B) The use of quotas or exclusive set-asides for DBE consultants is prohibited

(as specified in 49 CFR 26.43).



(3) Suspension and Debarment.



The Columbus Consolidated Government must verify suspension and debarment

actions and eligibility status of consultants and sub-consultants prior to

entering into an agreement or contract in accordance with 49 CFR 18.35 and 2

CFR part 180.?



SECTION 2.



All ordinances and parts of ordinances in conflict with this ordinance

are hereby repealed.



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Introduced at a regular meeting of the Council of Columbus, Georgia held on the

25th day of August, 2015, introduced a second time at a regular meeting of said

Council held on the ______ day of ________, 2015, and adopted at said meeting

by the affirmative vote of ________ members of said Council.



Councilor Allen voting____________.

Councilor Baker voting____________.

Councilor Barnes voting___________.

Councilor Buck voting_____________.

Councilor Davis voting____________.

Councilor Henderson voting________.

Councilor Huff voting_____________.

Councilor Thomas voting___________.

Councilor Pugh voting_____________.

Councilor Woodson voting__________.







______________________________ ______________________________

TINY B. WASHINGTON TERESA PIKE TOMLINSON

CLERK MAYOR



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