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.

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:

(3) Evaluation Factors.
(4) Evaluation, Ranking, and Selection.
(5) Negotiation.
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:

(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:

5-404 Additional Procurement Requirements.

(1) Common Grant Rule.
(2) Disadvantaged Business Enterprise (DBE) Program.
(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.”

All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed.

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__________.

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