Texas General Land Office
Texas General Land OfficeCommunity Development and Revitalization“The GLO stands ready to help our state maximize the use of thisdisaster recovery funding to build back stronger and more resilientcommunities.” George P. Bush, Commissioner
Requests for Qualifications (RFQ)Agenda Procurement Scenario and RFQ Specifications Ground Rules Planning and Pre-Release Phase Evaluation & Selection Contract Award Phase Common Findings and Concerns Questions & Answers2
Scenario: Drainage Project A community received a 1 millionCDBG-DR grant from GLO to fund adrainage improvement project Grant allows 6% of the award to gotowards project delivery activities, andthere is a 15% cap for engineering tiedto the construction budget3
Scenario: Drainage ProjectProject Implementation Grant consulting firm to assist theimplementation of the project Engineer for project design andconstruction oversight Construction contractor to complete theproject designed by the engineer4
RFQ Requirements1. Publicize RFQ and identify all evaluation factors and their relative importance2. Solicit proposals from an adequate number of qualified sources3. Consider any response to publicized RFQs to the maximum extent practical4. Follow a written procedure to evaluate and select respondents5. Award contract to the responsible firm whose proposal is most advantageous to theprogram, considering price and other factors5
Difference betweenRFPs and RFQsRFPRFQ Used for professional service such asGrant Administration, Legal Services,and Title Services Used for Engineering and Architectservices Must include: Qualifications, PastExperience, and Capacity sections Must include: Cost, Past Experience,Method of Implementation, andCapacity sections6
Selecting a ProcurementMethod1.A subrecipient wants to procure a Grant Administrator for their CDBG-DR funded infrastructure project. Should they use RFP or RFQ?a.RFP – Request for Proposalsb.RFQ – Request for Qualifications2.A subrecipient wants to procure a contractor to design their CDBG-DR funded infrastructure project. Should they use RFP or RFQ?a.RFP – Request for Proposalsb.RFQ – Request for Qualifications3.A subrecipient wants to procure a construction contractor for their CDBG-DR funded infrastructure project. What should they use?a.RFP – Request for Proposalsb.RFQ – Request for Qualificationsc.Sealed bidd.Competitive Bid7
RFQ for Engineering Services Subrecipients may need to procure engineering services for the design andestimated costs of an infrastructure project Acquire engineering services through a “qualifications-based” procurement andcomply with 2 CFR 200.320 (d)(5). Follow a two-step process:o Evaluate competing firms based on their qualifications to successfullycomplete the work in compliance with CDBG-DR regulationso Negotiate a fair and reasonable price, including profit Only use RFQs for engineering and architectural services Award contracts to the responsible firm whose proposal is most advantageous tothe program, considering price and other factors8
2 CFR 200 Compliance Follow procurement policies and procedures that reflect applicable federal, state andlocal laws and regulations that comply with 2 CFR 200 Ensure that contractors perform work in accordance with the terms, conditions, andspecifications of their contracts, task orders, or purchase orders Document the process for procurement and oversight in policies and procedures Maintain written standards of conduct covering conflicts of interest and governingactions of employees engaged in the selection, award and administration of contractsEnsure procurement policies and oversight practices have the information forprocurement staff to avoid costly, wasteful, and unenforceable contracts9
RFQ Allowable Uses1. Can the RFQ method be used for the procurement of Uniform Relocation Act servicesor audit services?a. Yesb. No2. Title 10 of the Texas Local Government Code allows RFQs for a variety of“professional services” (e.g., optometrists, landscape architecture), so can I use RFQsfor these services?a. Yesb. No10
Planning/Pre-Release Phase
Required RFQ Elements Basic introductions to the subrecipient and the grant Project overview stating the need for the project Clear description of scope of work including all service and technical requirements Information on the bidding process, including submission requirements, evaluation andselection criteria, and schedule Terms and conditions of the contract NOTE: if using one engineering solicitation for multiple projects, clearly define theprojects in the scope of work12
Ground Rules Maintain separation of duties Provide competencies and training to subrecipient staff Maximize competition Review procurement policies and procedures to ensure that they meet HUD and Officeof Management and Budget (OMB) requirements Complete the procurement checklist and place it in the procurement file withcorresponding documents Uphold ethics and address conflict of interest (COI)Ensure procurement policies and oversight practices have the information forprocurement staff to avoid costly, wasteful, and unenforceable contracts13
Preparing Scope of Work Purpose: Summarize responsibilities of the selected consultanto Separate Pre-Award and Post-Award ResponsibilitiesRole of Selected Consultant: Describe responsibilities of the consultant in relation toother parties (parallels the discussion of roles of the parties)oInclude Contract Management and Construction Oversight Statement of Work: include sufficient detail for an engineer to itemize the overall bidproposal Sample RFQ Scope of Work14
Independent Cost Estimate (ICE)Subrecipients may use multiple sources todevelop an ICE, including: Price last paid for similar procurement Comparison of previous prices paid forsimilar services Personal experience Other historical information Detailed analyses Information from other communitiesregarding similar bid outcomes15
Evaluation and SelectionCommitteeSubrecipient Responsibilities Select the committee before drafting theRFQ to get their input in defining theneeds and evaluation/selection criteria Include members with relevantexpertise (e.g., Project Managers,Procurement/Contracts) and establishroles and milestone dates based on theproject schedule Require members to sign a letterconcurring to no COI and confidentialityduring the RFQ processCommittee Responsibilities Review relevant information (e.g., scopeof work, purchasedescription/specifications) and developweighted evaluation criteria Remember: Price should not be a factor16
Scenario: Submission andEvaluation Requirements Summarize submission requirements (outline is recommended) in the RFQ List the proposal evaluation criteria and include the weighting for each criterionRFQ SectionPage LimitApproach to accomplish each taskin the SOW3 pagesProject Staffing3 pagesQualifications4 pagesFinancial InformationNo page limitReferences3 pages17
Scenario: Scoring the RFQ Include scoring criteria and the weighting for each RFQ requirementScoring CriteriaWeightingContractor Qualifications andCapacity30 ptsContractor Past Performance30 ptsSchedule of Delivery10 ptsContractor Technical Approach 30 ptsTOTAL100 pts Include other requirements (e.g., liability and worker’s compensation insurance,liquidated damages, performance and payment bonds)18
Schedule andRequired Information Explain the selection process and the schedule for each step (e.g., proposals due, firmunder contract) Give date(s) of any pre-proposal conference(s), the location, and whether attendanceis mandatory State the requested contract type (e.g., fixed price) and include a copy of the draftcontract in the RFQ List any rules, regulations, and licensing requirements that apply to the selectedrespondent State Section 3 and disadvantaged business requirements and your commitment toimplementing these requirements Include your statement of equal opportunity employment19
Schedule andRequired Information Acknowledge that questions may arise about the RFQ and require them in writing Include the following language in the RFQ:o Subrecipient reserves the right to cancel the RFQ, reject any or all proposals, andwaive minor informalities for proposers if in the public interesto Subrecipient will not consider procured consultants to be subrecipient personnel;the proposal of certain personnel is a statement of their availability to do the workfor the entirety of the contract termo Subrecipient prohibits contact between respondents and subrecipient staff, boardmembers, or residents during the selection process20
AttachmentsInclude the following attachments: Form for each respondent’s fee proposal(optional) Copy of draft contract with contractualobligations for selected respondents(include required contract provisions) Copy of required forms (e.g., Byrd AntiLobbying) Copy of applicable federal riders21
M/WBE RequirementsTake all necessary affirmative steps to use small businesses, minority owned businesses,women’s business enterprises, and labor surplus area firms when possible Include solicitation lists Ensure they are potential sources of products or services to be bid Divide total requirements, when economically feasible, into small tasks or quantities topermit maximum M/WBE participation (i.e. provide alternative bidding scenarios) Establish delivery schedules to encourage M/WBE participation (i.e. flexibility) Use the services and assistance of the Small Business Administration, and the MinorityBusiness Development Agency, U.S. Dept. of Commerce Require the Prime Contractor to take affirmative steps to subcontract with M/WBE, ifthey award subcontracts22
Evaluation and Selection of Proposals
Selection and ResponsivenessSubrecipient must ensure that respondentsare responsive and responsible:Other RFP requirements: Complies with all material terms andconditions of the solicitation and allrequirements of the specifications andwas submitted in form specified in thesolicitation Time, date, and place Complete debarment check to verifythat respondent is not excluded fromcompleting the work and does nothave any liens Disclosure statements Bid, performance or payment securitybonds Samples, literature, or other information Attendance at mandatory (if mademandatory) pre-bid conference or sitevisit/inspection24
Scenario:Evaluation of ResponsesExperience and Qualifications 30 points available Use the stated criteria to assign points Do not assign points to individual questions, but award a total score for each criterionPointValueCriteria0 ptsNone. Not addressed orresponse of no value.1-10 ptsFair. Limited applicability.11-20 ptsGood. Some applicability.21-25 ptsVery good. Substantial25applicability.
Scenario:Evaluation of ResponsesSample Evaluation Form for Experience and Qualifications1. Do the individuals assigned to the project have experience onsimilar drainage projects?Reviewer Comments:2. Are resumes complete and do they demonstrate backgroundsthat would be desirable for individuals engaged in the work theRFQ requires?Reviewer Comments:3. Does the project manager have a PMP?Reviewer Comments:4. How extensive is the applicable education and experience ofthe personnel designated to work on the project?Reviewer Comments:26
Scenario:Evaluation of ResponsesEvaluator's Point TotalCriteriaQualifications & CapacityPast PerformanceSchedule of DeliveryTechnical 092
Scenario:Vendor EvaluationsCriteriaQualifications andCapacityPast PerformanceVendor EvaluationsWeighting#1#2#3#4Total ule of Delivery108879328Technical ApproachTOTAL303031262811528.75100928570853328328
Scenario:Scoring the RFQ ResponsesWeighted Scoring MatrixCriteriaQualifications andCapacityPast PerformanceSchedule ofDeliveryTechnicalApproachTOTALWeightingCompany ACompany BCompany C3030292526.519.7523141088730100309228.7583267029
Scoring the RFQ Summarize RFQ responses in a spreadsheet to compare the scoring side-by-side Total the scores for all sections and award the bid to the highest scoring proposer; iftwo or more engineering firms are close in score, consider inviting them to provide anoral presentation to further assess their fit for the project After selecting a firm, negotiate a contract price and use the ICE (prepared prior tosolicitation) to determine cost reasonableness If you do not select the highest scoring proposer, put a written justification in theprocurement file explaining why the selected proposer was the best fit for the project30
Scenario:Conduct a Cost Analysis The subrecipient negotiated a cost of 151,000 for engineering services and comparedthe cost to the ICE to determine cost reasonableness Complete a cost analysis for any competitive proposal Major cost categories identified in the statement of work include direct labor, equipment,supplies, travel and per diem, subcontractors, overhead, general and administrativeexpenses, and profit Analyze profit as a separate element of cost, based on the complexity of the work,contractor risk, required investment, degree of subcontracting, and typical profit in theindustry31
Cost/Price Analysisfor Profit Negotiation After the initial selection of the vendor, negotiate the price considering the ICE and walkaway if the price is unreasonableo Complete a realistic cost analysis before initiating the procuremento Sufficiently document negotiations (e.g., meeting minutes, initial offer vs. BAFO,negotiation of cost between categories) Profit is the amount in excess of what it will cost the contractor to complete the scope ofwork Consider the following when negotiating profit:o Complexity of the work to be performedo Risk borne by the contractoro Amount of subcontractingo Quality of the contractor’s past record32
Scenario: Cost/Price Analysisfor Profit Negotiation The construction project will require the oversight of an Engineer I and an EngineerIII The average indirect cost rate in the market is 127%, so the total cost of the project 85,095RoleHourly RateEstimatedHoursTotal DirectCostEngineer I 150100 15,000EngineerIII 200100 20,000TOTALN/A200 35,00033
Scenario: Cost/Price Analysisfor Profit NegotiationUse of ICE to negotiate the contract and profit: An A&E firm is procured based on qualifications alone During contract negotiation, the firm requests 130,000 for its services The subrecipient can use its cost analysis to estimate that the A&E firm is seeking aprofit in excess of 50% (( 130,000 - 85,095)/ 85,095) 52.7%), barring informationfrom the vendor regarding its labor category rates and indirect cost rateIf the subrecipient decides that a 25% profit is “necessary and reasonable”,and the A&E firm will not lower its profit, the subrecipient can endnegotiations and negotiate with the next highest-rated firm or recompeteentirely34
Contract Award
Contract Award Include RFQ, complete scope of work, selected proposal, unit pricing, start date,completion date, liquidated damages, MBE/WBE and Section 3 requirements,insurance, 2 CFR 200 and HUD clauses Verify that the chosen vendor has no COI Notify proposers of the winning proposal Issue Notice to Proceed to vendor36
Contract RequirementsAll contracts must: Be signed by all required parties, including the vendor/contractor and Subrecipientrepresentative Include required contract reports (submitted to GLO monthly)37
Contract ProvisionsAll contracts executed between the subrecipient and a contractor must include thefollowing CDBG requirements: Performance requirements and penalties Project schedule including the performance period and completion date All Section 3 covered contracts shall include the Section 3 Clause 22 Mandatory standards and policies relating to energy efficiency in the state energyconservation plan (in compliance with the Energy Policy and Conservation Act 23) May not be a cost-plus contract award38
Contract Revisions Make any permitted changes via change order Categorize changes by type and number them sequentially Maintain a log of all executed change orders for each procurement that includes:o Name of the vendor and the original contract amounto Reason(s) for and the dollar amount of the change ordero Running total of the value of the changes and the revised contract amount Subrecipients may not make material alterations to the SOW or insert a renewal clausein the contract (must be made via new procurement)39
Common Findings or Concerns Prohibited use of cost-plus percentage of cost contracting (use fixed-price contracts forcompetitive procurements) Failure to prepare ICE prior to receiving proposals Failure to perform cost and price analysis on contract modifications or change orders Inclusion of non-competitive practices/requirements in procurement documents (e.g.,geographic preference, minimal public advertisement) Failure to have an adequate contract administration system to track the history of eachprocurement action Failure to disallow an engineer with prior project knowledge to submit a proposal for theprocurement40
Resources & TrainingResourcesUpcoming Training 2 CFR 200 (Part 318-326 starts on page117) Sole Source/Non-CompetitiveProcurements Buying Right Guide WebEx invite coming soon for 10/26training Quick Guide to Cost and Price Analysis GLO Website (Procurement Section) GLO Procurement Checklist41
Questions?Contact GLO-CDR at1-844-893-8937cdr@recovery.texas.gov
2. Are resumes complete and do they demonstrate backgrounds that would be desirable for individuals engaged in the work the RFQ requires? Reviewer Comments: 3. Does the project manager have a PMP? Reviewer Comments: 4. How extensive is the applicable education and experience of the personnel designated to work on the project? Reviewer Comments .
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Contents PROLOGUE 8 INTRODUCTION 10-11 1 WHY LAND 13 1.1 Land, power and democracy 14 1.2Land and conflict 16 1.3 Land and development 16 1.4 Land and organized crime 18 2. MORE LAND IN FEWER HANDS 21 2.1 The largest 1% of farms occupy over half of agricultural land 23 2.2 The smallest 80% of farms occupy less than 13% of land 25 2.3 The gender gap in access to land 27
Texas A&M University-Corpus Christi . 6300 Ocean Dr., Unit . Corpus Christi, Texas 78412 . Phone: 361-825-2095 . Email: Lin.Zhang@tamucc.edu . Submitted to: Texas General Land Office . 1700 Congress Ave. Austin, TX 78701-1495 . A report funded by a Texas Coastal Management Program Grant approved by the Texas Land
market. The number of land sales increased as the price per acre declined slightly, indicating a healthy market for small land purchases for a wide range of uses, including recreation, residential, investment, commercial development, and farm land Texas small land sales volume grew 8.5 percent in 2017 to 7,588 small land tracts sold.
land. Without a clear land registry this is a cause of complex land disputes. Many land disputes in Mogadishu could be solved by establishing a well-functioning land registry. However, the land registry issue is linked to a more general lack of interest in making justice work because “political disorder” enables illegal land grabbing.
