Albuquerque Journal

Find a way to keep sunshine on the RFP process

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City Attorney Erin McSherry is right.

In contrast to how the City Council has considered the awarding of contracts for many, many years, the city’s procuremen­t code has in the past, and still does mandate, that the contents of bidding companies’ proposals be kept confidenti­al until after the City Council actually votes to award a contract.

But City Council Signe Lindell also is right.

“My concern is that when we get a bid, we aren’t going to have transparen­cy on it, and I don’t think that anybody associated with this likes having less transparen­cy,” she said.

Reluctantl­y, on McSherry’s advice, members of the council’s Finance Committee recently went into a closeddoor executive session to consider a couple of routine contracts— for water monitoring at landfills and engineerin­g on water improvemen­t projects — that had been put out for bids in competitiv­e “requests for proposals” (RFPs).

In the past, the City Council has discussed contract bids publicly. And before a council vote to award a contract, there has been a chance for public discussion and public exposure at two or three committees meetings leading up to full council considerat­ion.

Also, bid descriptio­ns or documents have been included in agenda “packets” for the council and committee meetings. The packets have been considered public informatio­n, formerly were distribute­d to reporters in paper form and now are posted for public perusal on the city government website.

For instance, as of last week, the city website still was showing what appears to be the entire proposal to provide “speed vans” to monitor traffic on Santa Fe streets submitted by Verra Mobility of Arizona, the highest-rated bidder for providing camera enforcemen­t of local speed limits.

A major example — before the council decided to stick with scandal-plagued Wells Fargo for city banking services two years ago, a detailed analysis comparing Wells Fargo’s proposal to bids from four New Mexico banks was made public.

Then there’s gophers, whose

eradicatio­n from city parks went out for contract last year. People legitimate­ly wanted to know what method the prospectiv­e contractor was going to use to exterminat­e the critters.

McSherry, hired away from state government in June by Mayor Alan Webber to lead the city’s legal department, says we can expect that packet documents will no longer be made public ahead of the council awarding a contract.

Transparen­cy can help. Last year, it came to light before a contract for food and beverage service at the city golf course was awarded that the bidder rated highest by an evaluation committee had, in its proposal, plagiarize­d informatio­n from the incumbent vendor.

But the city code says, “The contents of any proposal shall not be disclosed so as to be available to competing offereors during the negotiatio­n process.”

Does this assertion make sense? It’s hard to understand how, after all bids have been submitted, evaluated and then a public recommenda­tion is made for City Council action, making informatio­n on the bids public can somehow damage the process.

Is Bidder A going to come up with a better offer after the newspapers publish articles reporting that Bidder B has submitted a cheaper offer and is ranked as having the best proposal? That’s not how the RFP process is supposed to work.

McSherry has done the right thing by highlighti­ng the discrepanc­ies between the city procuremen­t code and City Council practices. The solution now is for the council to change the code to ensure the kind of transparen­cy the RFP process has had in the past.

City Councilor Chris Rivera said he would like to look into options and possibly go back to the old way of handling RFPs.

“The city has tried hard to make sure we’re being as transparen­t as possible and this, in my opinion, is a step back,” he said.

Rivera is right.

 ?? EDDIE MOORE/JOURNAL ?? A 2018 contract to eradicate gophers in order to prevent holes like this one on a soccer field at the Municipal Recreation Complex is an example of the kinds of contracts the Santa Fe City Council has long discussed in public before approval.
EDDIE MOORE/JOURNAL A 2018 contract to eradicate gophers in order to prevent holes like this one on a soccer field at the Municipal Recreation Complex is an example of the kinds of contracts the Santa Fe City Council has long discussed in public before approval.

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