Growth Policy Update RFQ
Statement of Purpose
Lewis and Clark County’s (hereafter, the “County”) Community Development and Planning Department is requesting Statements of Qualifications (SOQ) from consulting firms in order to establish a pool of potential offerors to respond to a future Request for Proposals (RFP) to update the Lewis and Clark County Growth Policy, including the Helena Valley Area Plan and Lincoln Growth Policy (hereafter, the “Project”).
Scope of Services
Growth policies identify issues related to land use, as well as public health and safety, and are used to implement policies to address these issues through regulatory processes and/or other measures. The process for updating the Lewis and Clark County Growth Policy will require extensive research, documentation, and public engagement (e.g., surveys, open houses, public meetings, etc.) for the entire County, and will require multiple professionals across a variety of fields to facilitate it. As a part of this process, the policy language, photos, maps, graphs, and designs will need to be updated.
Project Duration
The firm selected through a subsequent Request for Proposal process should expect the Project to begin June 2023 and conclude by June 2025.
SOQ Content
Statements of Qualifications should demonstrate that the Respondent has the professional capability and sufficient availability to satisfactorily and timely complete the tasks outlined in the Scope of Services of this RFQ. Responses should include:
1. The firm’s legal name, address, telephone number, and principal contact email
address.
2. A statement of the firm’s qualifications and experience related to the Project.
3. A resume for each professional staff member who may be assigned to the Project,
along with relevant information about each individual’s responsibilities and qualifications, to include:
a. Expected responsibilities on the Project.
b. An explanation of each person’s role and responsibilities on the Project.
c. Knowledge of and experience with developing and updating growth policies.
4. A description of the firm’s prior experience including scope of services and locations
of projects.
5. A description of the firm's current work activities and how these would be
coordinated with the Project, as well as the Respondent's anticipated availability
during the term of the Project.
6. A proposed work plan and schedule of activities to be performed.
Evaluation Criteria
Upon receipt of SOQs, selection committee members will evaluate all responses independently
and assign scores based on the following evaluation criteria:
Firms will be evaluated by the committee as a whole and ranked based on their collective score. At least two of the ranked firms will be established as a pool of potential vendors who will qualify to offer proposals for the subsequent RFP to update the County’s Growth Policy.
SOQ Submittal
Respondents are solely responsible for all costs incurred in the preparation and submittal of an SOQ. Respondents shall submit four (4) hard copies of the SOQ and one (1) digital copy in PDF format on a flash drive in a sealed envelope clearly marked Growth Policy Update SOQ.
should not exceed 25 pages, including resumes and a cover letter. Minimum font size for all text shall be 12-point.
In order to ensure a fair and objective evaluation of all SOQs, all questions regarding the RFQ must be submitted in writing via email to the point of contact listed below on or before February 10, 2023. An addendum containing responses to questions received will be posted on the County’s website at https://www.lccountymt.gov/bocc/bidsrfprfqsoq.html no later than February 17, 2023. It is the responsibility of each Respondent to check the website if it is interested in the questions received and the respective responses provided by the County. Under no circumstances may Respondents contact any County staff member or elected official directly. All communications regarding this RFQ shall be directed to the point of contact listed below:
Casey Hayes, Purchasing Officer
Lewis and Clark County
316 N. Park Avenue, Helena, MT 59623
chayes@lccountymt.gov
Submit SOQs to:
Lewis and Clark County Commissioners
316 N. Park Avenue, Room 345
Helena, MT 59623
SOQs must be received no later than 4:00 PM MST on March 3, 2023 at the address listed above. SOQs received after the deadline shall not be accepted. This solicitation is being offered in accordance with federal and state statutes governing procurement of professional services. Accordingly, Lewis and Clark County reserves the right to reject any and all SOQs deemed unqualified, unsatisfactory, or inappropriate.
Standard Terms and Conditions
By submitting a response to this Request for Qualifications, the Respondent agrees to acceptance of the following Standard Terms and Conditions and any other provisions that are specific to this solicitation.
1. Authority
This Request for Qualifications (RFQ) is issued under the authority of the Lewis and Clark County Purchasing Policy. The RFQ process is a procurement option which allows the award to be based on evaluation criteria in addition to cost. The relative importance of all evaluation criteria is found herein and only the evaluation criteria outlined in the RFQ will be used. Lewis and Clark County (herein, the “County”) reserves the right to accept or reject any or all Statements of Qualifications (SOQs), wholly or in part, and to make awards in any manner deemed in the best interest of the County.
2. Competition
Lewis and Clark County encourages free and open competition among Respondents to obtain quality, cost-effective services and products. Whenever possible, specifications, invitations, and conditions are designed to accomplish this objective, consistent with the necessity to satisfy the County’s needs and accomplishment of a sound economical operation.
The Respondents submission of a Statement of Qualifications (SOQ) guarantees that the prices quoted have been established without collusion with other eligible Respondents and without effort to preclude Lewis and Clark County from obtaining the lowest possible competitive price.
Prior to the award of the contract, SOQs may be held by Lewis and Clark County for a period not to exceed 90 days from the date of the opening of SOQs for the purpose of reviewing SOQs and investigating the qualifications of the respondents.
3. Public Inspection of SOQs
All information received in response to this RFQ, including copyrighted material, is deemed public information and with one exception will be available for public viewing and copying after the SOQ deadline.
The public will not be able to view bona fide trade secrets meeting the requirements of the Uniform Trade Secrets Act, Title 30, Chapter 14, Part 4, MCA. The purchasing officer will remove any such trade secrets from the RFQ prior to public viewing.
4. Bona Fide Trade Secrets
Confidential information meeting the requirements of Title 30, Chapter 14, Part 4, MCA will be available for review only by the purchasing officer, the evaluation committee members, and limited other designees. Before the RFQ is made available to the public,
the purchasing officer will remove the confidential information if the following
conditions are met:
• Confidential information is clearly marked and separated from the rest of the
SOQ;
• No confidential material is contained in the cost section; and
• An affidavit from the Respondent's legal counsel attesting to and explaining the
validity of the trade secret claim is attached to the SOQ.
The Respondent shall pay all legal costs and fees associated with defending a claim for confidentiality if a “right to know” request is received from another party. In order for a Respondent to request that material be kept confidential, a notarized Affidavit for Trade Secret Confidentiality shall be provided by the Respondent’s attorney acknowledging that material included in a SOQ is open to public inspection except for information that meets the provisions of Montana’s Uniform Trade Secrets Act.
5. Classification of SOQs as Responsive or Non-responsive All SOQs will be classified as either “responsive” or “non-responsive.” A SOQ is considered “responsive” if it conforms in all material respects to the requirements of the RFQ. A SOQ may be found non-responsive if:
• Required information is not provided;
• The cost SOQ is excessive or inadequate as measured by criteria stated in the
RFQ;
• The SOQ does not conform to the specifications described and required in the
RFQ.
If a SOQ is found to be non-responsive, it will receive no further consideration.
6. Determination of Respondent Responsibility
The purchasing officer and/or the selection committee will decide whether a Respondent has met the standards of responsibility based on the requirements of the RFQ. Factors used to determine the responsibility may include whether the Respondent has:
• The appropriate financial, material, equipment, or human resources to meet all
contractual requirements;
• A satisfactory record of integrity;
• The legal ability to contract with the County;
• Provided all information requested for use in the determination of responsibility;
and
• A satisfactory record of past performance.
A Respondent may be deemed “non-responsible” at any time during the procurement process if information surfaces to support such a determination.
7. Evaluation of SOQs and Respondent Interviews/Product Demonstration The remaining SOQs will be scored according to the evaluation criteria stated herein. The selection committee may ask finalists to appear for interviews or product demonstrations or to provide written responses to items requiring clarification. Any costs associated with interviews or product demonstrations are the sole responsibility of
the Respondent.
8. County’s Right to Investigate and Reject Lewis and Clark County may make such investigations as are deemed necessary to determine the ability of the Respondent to provide the product or services specified. The County reserves the right to reject any SOQ if the evidence obtained fails to satisfy
the County that the Respondent is properly qualified to perform the obligations of the contract. This includes the County's ability to reject a SOQ based on negative references.
9. Respondent Selection and Contract Execution
After an evaluation of the Respondent, interviews, and/or product demonstrations, the selection committee will recommend a contract award, which the purchasing officer will communicate to the Respondent selected. If the Respondent and the County cannot agree on the contract terms, the County may move to the next ranked Respondent or cancel the RFQ. The work described in the RFQ may begin only after the contract is signed by all parties.
10. County’s Rights Reserved
Submission of a SOQ confers no rights upon any Respondent and shall not obligate the County in any manner whatsoever. Lewis and Clark County reserves the right to make no award and to solicit additional SOQs at a later date. The RFQ in no way constitutes a commitment by the County to award and execute a
contract. If such actions are deemed in its best interests, the County, in its sole discretion, reserves the right to:
• Cancel or terminate this RFQ;
• Reject any or all SOQs received in response to this RFQ;
• Waive any undesirable, inconsequential, or inconsistent provisions of this RFQ;
and/or
• If awarded, suspend contract execution or terminate the resulting contract if the
County determines adequate funds are not available.
11. Nondiscrimination
In accordance with federal and state laws, the Respondent agrees not to discriminate against any client, employee, or applicant for employment or for services because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following:
• Employment upgrading;
• Demotion or transfer;
• Recruitment or recruitment advertising;
• Lay-offs or terminations;
• Rates of pay or other forms of compensation;
• Selection for training; or
• Rendition of services.
Respondents and the awardee shall comply with all federal, state, and local laws, rules and regulations. Respondents and the awardee and any of the Respondents’ and the awardee’s sub-grantees, contractors, subcontractors, successors, transferees, and assignees shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity,
denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract or agreement. It is further understood that any Respondent who is in violation of this clause shall be barred forthwith from receiving awards of any purchase from Lewis and Clark County unless a satisfactory showing is made that discriminatory practices have ceased, and the
recurrence of such acts is unlikely.
12. Cone of Silence
A cone of silence shall be established on all Lewis and Clark County competitive selection processes. The cone of silence prohibits any communication regarding a competitive solicitation between any Respondent (or its agents or representatives) or other entity with the potential for a financial interest in the award (or their respective agents or representatives) regarding such competitive solicitation, and any County official (elected or appointed), employee, selection committee member, or other persons authorized to act on behalf of the County other than the individual outlined as the point of contact in this solicitation.
The cone of silence shall be in effect from the time of advertisement until contract award. Violations of the cone of silence may be grounds for disqualification from the selection process. The cone of silence shall not apply to communications with the established point of contact in this solicitation or at any public proceeding or meeting. The cone of silence shall terminate when the Board or a County employee authorized to act on behalf of the Board awards or approves the Contract, rejects all SOQs or
responses, or otherwise takes action to end the selection process.
13. Protest Procedure
A Respondent aggrieved in connection with the solicitation or award may protest in accordance with the procedure outlined in the Lewis and Clark County purchasing policy.
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