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INFORMAL REPORT TO CITY COUNCIL MEMBERS
I A
To the Mayor and Members of the City Council
No. 9033
Page 1 of 2
Date: April 7, 2009
SUBJECT: SELECTION OF THE PROCUREMENT METHOD FOR
GOODS AND SERVICES
In today's packet is a draft resolution to authorize the City Manager, or his designee, to approve
the use of competitive sealed proposals to acquire goods and services when using such a method
presents the best value to the City of Fort Worth. The competitive sealed proposals process is
also known as the request for proposals process or "RFP" process.
Prior to the previous legislative session in 2007, municipalities were only allowed to use RFPs to
acquire technology, insurance, or other services exempt from public bidding such as professional
services. All other goods and service requests valued over $25,000.00 had to be fulfilled using
the competitive sealed bid process (i.e., the lowest bid meeting or exceeding specifications, or the
best value bid process). In 2007, House Bill 3517 modified section 252.021 of the Texas Local
Government Code to allow the use of RFPs for all goods and services where the use of an RFP
presented the best value to the municipality with approval of the governing body prior to issuance
of such RFPs.
RFPs allow various proposal factors in addition to price, such as performance, quality, and
supplier reputation to be evaluated. In addition, under an RFP process, final contract pricing and
scope of work or specifications may be negotiated. Price and specifications cannot be negotiated
under the competitive sealed bid process. The ability to negotiate a final contract presents a
better value to the City in some situations such as complex equipment and technology
procurements as well as some service contracts.
Without this delegation of authority, RFP processes that normally take approximately three
months will require an additional month to obtain City Council approval due to the approval and
notice requirements needed to have an action added to the City Council agenda. Delegating this
authority to the City Manager, or his designee, will expedite the RFP process and allow the City to
use the RFP process where it presents the best value to the City. The City Council will retain the
authority to approve all purchases and contracts valued over $25,000.00.
We have not requested this delegation until now because we have not seen many situations
where an RFP presents a better value than the competitive sealed bid process. However, an
opportunity has presented itself and we would like to pursue the opportunity to possibly reduce our
costs in the area of aircraft and vehicle fuels as well as generate some revenue for the City.
The first RFP for which we request to use this authority is a cooperative fuel supply contract
(including aviation fuel, diesel fuel and unleaded gasoline), which would be issued in partnership
ith the National Intergovernmental Purchasing Alliance (National IPA). National IPA intends to
make the resulting contract available to pubic entities all across the United States on a
ISSUED BY THE CITY MANAGER
FORT WORTH. TEXAS
a
INFORMAL REPORT TO CITY COUNCIL MEMBERS
To the Mayor and Members of the City Council
No. 9033
Page 2of 2
Date: April 7, 2009
SUBJECT: SELECTION OF THE PROCUREMENT METHOD FOR
GOODS AND SERVICES
cooperative purchasing basis. Due to the national scope of the contract, an RFP will present the
best value to the City through the ability to negotiate the best supply arrangements and pricing
structures.
When other entities make purchases using the cooperative contract, the suppliers pay an
administrative fee to National IPA and part of that fee would be rebated back to the City. The
rebate to the City could reach $250,000.00 per year if the anticipated national volume reaches the
current estimated quantity of 110,000,000.00 gallons of these fuels.
Without this resolution and delegation of authority to select RFPs when they present the best
value strategy, we will have to seek prior City Council approval to use an RFP for anything other
than professional services on a case by case basis; adding another four weeks to the usual three
month process. If the City Council is not prepared to approve this delegation of authority we
would like present an alternate resolution requesting City Council approval to issue this
pooperative fuel supply contract solicitation as a request for proposals.
If you have any questions regarding this information, please contact Jack Dale, Purchasing
Manager, at (817) 392 -8357 or Lena Ellis, Financial Management Services Director /CFO, at (817)
392 -8517.
Da a A. Fissel , E.
City Manager
ISSUED BY THE CITY MANAGER
FORT WORTH. TEXAS
r
A Resolution
DRAFT
im
RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,
TO SELECT THE PROCUREMENT METHOD FOR GOODS AND SERVICES
THAT WILL PROVIDE THE BEST VALUE FOR THE CITY OF FORT WORTH
WHEREAS, State purchasing laws authorize municipalities to utilize the competitive
sealed bidding process to procure goods and services; and
WHEREAS, During the 80`h Texas Legislative Session, in addition to the competitive
sealed bidding process, the purchasing laws were modified to allow municipalities, upon
approval from their governing bodies, to utilize the competitive sealed proposal process
for the purchase of goods and services, including high technology and insurance
purchases; and
WHEREAS, The City Council of the City of Fort Worth desires to utilize the
competitive sealed proposal process where it will provide the best value to the City by
allowing consideration of various factors, in addition to price; and
WHEREAS, Texas Local Government Code, Subchapter B, Section 252.021,
paragraph (c) and Subchapter H, Section 271.114, paragraph (a) authorize the governing
body of a municipality to delegate its authority under these provisions to a designated
representative for the purpose of selecting the procurement method that will provide the
best value for the municipality; and
WHEREAS, In order to expedite the competitive sealed proposal process, the City
Council of the City of Fort Worth desires to authorize the City Manager to select the
procurement method for the purchase of goods and services that will provide the best
value for the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
That the City Manager, or his designee, is authorized to select the procurement
method for goods and services from those methods authorized by state statute that will
provide the best value for the City of Fort Worth.
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Adopted this 14`h day of April 2009.
ATTEST:
Marty Hendrix, City Secretary
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