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Council asks staff to review RFQ transparency after contractor complaints
Summary
After lengthy debate, council directed Councilmember Campbell to work with procurement, the city attorney and staff to research RFQ 'gold-standard' practices and come back with recommendations for improving transparency in selection and scoring processes under Arizona procurement law (Title 34).
Councilmember Nancy Campbell opened a broad discussion March 10 about the city’s request-for-qualifications (RFQ) and procurement practices after contractors raised concerns about disqualifications and perceptions of insider advantage.
Campbell pressed that RFQ evaluation results should be more transparent to provide certainty to contractors and to reduce perceptions of bias. "State statute says that there should never be any form of, communication in regards to fees," Campbell said, urging that the evaluation and ranking used to select the top-qualified firm be visible to the council and the public after scoring. Procurement staff (Miss Singleton, speaker 23) and City Attorney Kelly Gary (speaker 24) explained that for Title 34 procurements (construction and design-build work) the typical sequence is: (1) RFQ solicitation and scoring by a selection committee, (2) negotiations with the top-ranked firm on price and terms, and (3) council approval of the negotiated contract. Kelly Gary cautioned that sharing detailed scoring prior to final award can raise confidentiality and protest risks.
Staff reported the city has published about seven RFQ-style solicitations in the last two years and many more total solicitations. Multiple contractors and residents addressed the council during the public-hearing period with questions about how to navigate the RFQ process and how decisions are communicated. Several members of the public urged clearer guidance on where to direct questions and better explanation of disqualification decisions so local firms will return to bid on city work.
The council agreed that Campbell would work with the city attorney and procurement to compile comparative practices (what Campbell called 'gold standard' approaches), spell out confidentiality limits under Title 34, and return with a proposal for any procedural changes or improved disclosure that would not violate state statute. No change to procurement rules was enacted at the meeting; the council only directed staff and councilmember Campbell to seek further information and return with options.
What’s next: Councilmember Campbell, procurement and the city attorney will research other municipalities’ RFQ practices and present findings for council consideration at a future meeting.
