The request for qualifications (RFQ) is the process used to hire a professional service. The following services are defined by statute professional.
Accounting Real Estate Appraising Engineer Architect Optometry Medical Professionals Professional Nursing
Chapter 252.022 (a)(4) provides exemptions to procurement for personal, professional or planning services. Chapter 271 provides guidance for selecting these services and should be followed.
Municipalities may procure services through a competitive process even if such services qualify for an exemption under Local Government Code section 252.022. (Attorney General SM 106)
A government entity may not select a provider of professional services or a group or association of providers or award a contract for these services on the basis of competitive bids, but shall make the selection and award based on the following:
Demonstrated competence and qualifications to perform the services; and
Fair and reasonable price;
If considerations are equal, preference shall be given to a consultant whose whole principal place of business is in the state or who will manage the contract wholly from an office in the state.
The professional fees under said contract must be consistent with and not higher than the recommended practices and fees published by the applicable professional associations; and may not exceed any maximum provided by law.
The request for qualification process is similar to the sealed bid process except it is used to obtain vendor information that is used to evaluate the vendor's ability to provide service. The process is not used to obtain pricing, but rather in obtaining information regarding vendor availability and experience or when seeking highly technical information.
This process must be used when securing engineering or architectural services per Texas Statute 2254.004.
Qualifications are treated differently than a bid in that there are additional steps that have to be completed before the proposals are ready for final consideration and approval. Qualifications are received publicly, but not open for inspection. Proposals/qualifications are evaluated individually according to the evaluation criteria set in the specifications, and then initially ranked. A group of three to five finalists are selected from the ranking and then interviewed. Once a top candidate is selected, a scope of service and fee schedule is requested. Both items are negotiable.
Purchasing must be included in all aspects of the evaluation process; including review and interviews.
Purchasing will assist with the agenda recommendation and will process the contract.
Work may not be started until a Notice to Proceed is received by the vendor and staff has received notification that the contract can be started by Purchasing.
Reference:
The Brooks Act; Section 902 [40 U.S.C. 542]
Professional Services Procurement Act; Section 2254.004, Texas Code
APPROVED BY: POLICY DATE: REVISED DATE: