Evaluation Criteria Examples of allowed criteria: • Technical approach (e.g. project understanding, innovative concepts, quality control) • Work experience • Specialized expertise • Staff capabilities • Workload capacity (based on current volume of work) • Past performance • Locality criterion of no more than 10% with FHWA approval Florida Department of Transportation
Evaluation Criteria Local Preference vs. Local Presence • Local preference rewards respondents with local addresses, offices, tax payer status, etc. – NOT ALLOWED • Local presence assigns no more than 10% of points for proximity to project location. • Consultants satisfy and receive full points if they establish a project office within proximity Florida Department of Transportation
Evaluation Criteria Examples of non-allowed criteria: • Price or cost elements • In-state or local business preference • Purchasing or materials preferences • DBE, MBE, small or other hiring preference programs (e.g. homeless, welfare-to-work, veterans) • Exclusionary business preferences restricting competition in specific geographic locations • Equal distribution or rotating of work (based on past or current volume of work with awarding agency) Florida Department of Transportation
Sample Webpage Florida Department of Transportation
Sample Webpage Florida Department of Transportation
Procurement Process Provide a description of the procurement process. Evaluation process Technical review only? Presentations required? Final ranking process? Tie breaker procedure Protest procedure “Identify the requirements for any discussions that may be conducted…” 23 CFR 172.7 (a)(1)(ii)(A) Florida Department of Transportation
Procurement Process Estimated schedule for procurement process includes your agency milestones. Not all dates listed here will be applicable to your agency. Publish date Optional or Mandatory pre-bid meeting date? Response due date Selection Committee meeting date? Oral interview/presentation date? Additional selection committee meeting date? Negotiations meeting date(s)? Notice of Intent to award date (protest period) Board approval date Contract award date *Dates may be subject to change. Florida Department of Transportation
Procurement Process Florida Department of Transportation
Method of Payment 23 CFR 172.7(a)(1)(ii)(D) 23 CFR 172.9(b) Many contracts utilize both lump sum and specific rates of compensation methods for tasks and services. Florida Department of Transportation
Method of Payment What does “method of payment” mean? Florida Department of Transportation
Method of Payment Lump sum- shall be used when it is possible to define the extent, scope, complexity, character, and duration of the work… can be determined at the time of negotiation. This is the most common method in LAP and is recommended for studies, PD&E or design. Subconsultant services are commonly lump sum i.e. surveys or various types (environmental, contamination, road) Florida Department of Transportation
Method of Payment Most common to LAP: Specific Rates of Compensation: provides for reimbursement on the basis of direct labor hours at specified hourly rates, including direct labor costs, indirect costs, and fee or profit, plus any other direct expenses or costs, subject to an agreement max. amount. Use is limited to contracts where the consultant is not in direct control of the number of hours worked. This is the recommended method for CEI services. You may have specific tasks, or subconsultant services that are compensated as lump sum under this contract type (i.e survey, Geotech, etc.) Florida Department of Transportation
Method of Payment How do I specify both methods of payment? Florida Department of Transportation
Method of Payment- Sample Survey is a specialized service and can be negotiated as a lump sum task order. Surveys are fairly clear cut based on size and scale of the survey to be performed. The survey firm would need to back up their fees with direct and indirect rates. Sample set up the contract based on the task schedule and reasonable estimated costs of the services under each task. Florida Department of Transportation
Method of Payment- Sample Task #1: Field Survey- The survey takes 7 days, and is estimated to take 10 hours per day, which equates to x # of hours with three employees in the field at x rates. Indirect costs would be supported by the multipliers/audited rates. County would need to indicate if other estimated costs, such as travel expenses, overtime, etc. are compensable. Task #2: Preparation and delivery of signed and sealed survey- Preparing the survey documents takes another 7 days and requires and estimated x # of hours. Agency will pay for 3 copies signed and sealed delivered to the County in paper/digital format(s). Task #1 + Task #2 = Total Lump Sum Cost of Survey. The County pays the lump sum amount regardless of the actual time/cost of the task, but the survey company would need to retain back up documentation such as time sheets in the event they were ever audited. Florida Department of Transportation
Method of Payment Exercise SITUATIONAL EXERCISE- Review and discuss lump sum task break out.
Request for Proposal (Item #1)
Checklist Item #2
Checklist Item #2 This is your LAP Agreement No. ‘G1234’.
Checklist Item #3 Common or High Risk Provisions required by State Rule or Law
Checklist Item #3 Common or High Risk Provisions required by Federal Rule or Law
Checklist Item #3 Why are these provisions required in both the RFP and contract?
Checklist Item #4 287.055(5)(a) F.S. …Any professional service contract under which such a certificate is required must contain a provision that the original contract price and any additions thereto will be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs.
Checklist Item #5
Conflict of Interest- F.S. LAP Agreement Section 14.f.
Conflict of Interest- F.S. Changes to 337.14 F.S. pursuant to the execution of HB 905 by the governor. https://www.flsenate.gov/Session/Bill/2019/905/BillText/er/PDF
Conflict of Interest- F.S. Corresponding changes to 337.14 F.S. pursuant to the execution of HB 827 by the governor. Effective October 1, 2019.
Checklist Item #6
Checklist Item #6
Checklist Item #7
Procurement Process- STEP 2 STEP 1 STEP 4 STEP 2 STEP 3 Solicitation Contract Evaluation of Negotiations and RFP Award Responses (Checklist Items (Checklist Items (Checklist Items (Checklist Item 9-11) 1-7, 13) 12-13) 8) Florida Department of Transportation
Let’s Talk About Evaluations! Evaluations per 23 CFR 172.7(a)(1)(ii)(B-C): In your RFP, you identified the requirements for any discussions that may be conducted. In your RFP, you identified evaluation factors including their relative weight of importance! Must conduct discussions with a minimum of three (3) of the most highly qualified firms Florida Department of Transportation
Checklist Item #8 *Note: Compliance Documentation Item Number 6 is the list of evaluation criteria not allowed for use in the program covered in the previous slides on the RFP requirements. Florida Department of Transportation
Checklist Item #8 Local Agency Compliance Documentation cont’d: Florida Department of Transportation
Selection Committee Florida Department of Transportation
Scoring/Ranking Exercise SITUATIONAL EXERCISE- Scenario 1: A LPA advertises a design project and receives two responses. The advertisement ended in December 2018 and the area had recently been impacted by an emergency event. Many LPAs aren’t receiving many responses to their ads at this time. The LPA goes ahead and scores the two responses and sends the scoring sheets to the Department for concurrence to negotiate.
Scoring/Ranking Exercise SITUATIONAL EXERCISE- Scenario 2: The agency re-advertises the design project. This time 6+ proposals were received. The City Council (technical selection committee) decides they want to have the consultants give presentations. Presentations were not included in the original RFP procurement process description. The presentations are recorded and broadcast on local TV and YouTube ™ as part of the City’s…
Scoring/Ranking Exercise SITUATIONAL EXERCISE- Scenario 2: …usual protocol for public meetings. The council members each have a score sheet and scoring guidelines to use as they listen to the presentations. When the presentations conclude, the council tells the audience there will be a 10 minute break while they calculate the final scores. The broadcast does not come back up for approx. 30 minutes. The final rankings and intent to award are announced.
Scoring/Ranking Exercise SITUATIONAL EXERCISE- Scenario 2: … FDOT receives the score sheets and one council member has not scored at all. Another council member scored one consultant firm with the maximum points and gave the other 5 firms zeroes for all criteria. Removing that committee members scores would have changed the final ranking. FDOT requested an explanation for the missing scores. One council member was absent, but a quorum of 6 members was present.
Scoring/Ranking Exercise SITUATIONAL EXERCISE- Scenario 2: … The member who scored only one firm had no explanation for his actions other than he didn’t feel the other firms responded to the RFP. FDOT attempted to review the recorded meeting and requested the meeting minutes for the 30 minute time period the meeting was not broadcasted since that was the period the scores were calculated and there was discussion on the scoring during those missing minutes.
Scoring/Ranking Exercise SITUATIONAL EXERCISE- Scenario 2: Thoughts and recommendations? • The scoring as conducted could not be accepted because the regulation requires a minimum of three firms be evaluated by the selection committee members. The scorer who only scored one firm did not meet the requirement. • The city was provided the option of removing that member’s scores, BUT the intent to award was announced at the meeting and removal of the noncompliant scoring changed the #1 firm. • FHWA/FDOT was hoping to find some explanation for the scoring in the final discussions, but they were not recorded and no meeting minutes were taken.
Scoring/Ranking Exercise SITUATIONAL EXERCISE- Scenario 3: A LPA advertises the design project for a third time and receives six responses. The selection committee ranked the firms and submitted the documentation to FDOT. FDOT reviews the score sheets and finds that each member has used different score sheets. One member uses notebook paper and makes his own matrix. The evaluation generally appear to be followed despite the discrepancy, until…
Scoring/Ranking Exercise SITUATIONAL EXERCISE- Scenario 3: …FDOT staff review the comments. Only one set of scores included a comments matrix. The comments for the availability criterion included proximity of the firms office location for each firm and the firm with an office the greatest distance from the City scored the least points for that criterion even though its staff availability hovered around 75% compared to other firms 50% or less.
Scoring/Ranking Exercise SITUATIONAL EXERCISE- Scenario 3: Thoughts and recommendations?
Procurement Process- STEP 3 STEP 1 STEP 4 STEP 2 STEP 3 Solicitation Contract Evaluation of Negotiations and RFP Award Responses (Checklist Items (Checklist Items (Checklist Items (Checklist Item 9-11) 1-7, 13) 12-13) 8) Florida Department of Transportation
Before Negotiations- STEP 3 REMEMBER: • Verify qualifications (including debarment) • Evaluate a minimum of 3 responses • FDOT reviews score sheets and provides concurrence to negotiate • Come to the table with your Independent Staff (or Man) Hour Estimate ! Florida Department of Transportation
Checklist Item #9 Florida Department of Transportation
Estimating Exercise SITUATIONAL EXERCISE- You have the scope and tasks for the contract we have been reviewing. Using the FDOT’s Road and Bridge estimating tool, put together a man hour estimate for the project.
Checklist Item #10 & #11 Florida Department of Transportation
Negotiations Sample indirect cost rates or multipliers from a FDOT Pre- Qualification letter Florida Department of Transportation
Indirect Cost Rates or Direct Salary Multipliers Florida Department of Transportation
Checklist Item #10 Negotiations Requirements Continued Florida Department of Transportation
Checklist Item #11 Florida Department of Transportation
Negotiations Tools & Resources https://www.fdot.gov/programmanagement/LAP/ProfessionalServices.shtm Florida Department of Transportation
Procurement Process- STEP 4 STEP 1 STEP 4 STEP 2 STEP 3 Solicitation Contract Evaluation of Negotiations and RFP Award Responses (Checklist Items (Checklist Items (Checklist Items (Checklist Item 9-11) 1-7, 13) 12-13) 8) Florida Department of Transportation
Checklist Item #12 Florida Department of Transportation
Checklist Item #13 Florida Department of Transportation
Checklist Item #13 Critical requirement is the approval of the draft RFP package by both FDOT Central Office and FHWA prior to solicitation for services! Florida Department of Transportation
Checklist Item #13 Continuing Contracts- Year 4 Lessons Learned: • Don’t let the contract expire and then issue task work orders. • Work performed after the expiration date OR beyond five years will not be Federal-Aid participating. Your local process may allow for this, but we can’t reimburse for the work. • For contracts where tasks are awarded on a regional basis, include RFP/contract language allowing assignment of tasks between consultants in case availability of one firm becomes limited. • Consider how much work you have, if you plan to use the contract(s) for projects outside of LAP, and how many contracts you want to manage? Florida Department of Transportation
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