TAMC follows state and federal procurement rules via an adopted Procurement Policies and Procedures and Contract Management Manual to ensure engagement in full and fair competition, and to obtain the best value, price and quality for taxpayer-funded goods and services. Typically, consultant services are obtained using a Request for Qualifications and/or Request for Proposals process, and the procedures are open to public scrutiny via the TAMC Board of Directors and its committees.
An unsolicited proposal is a written proposal that is submitted to TAMC on the initiative of the submitter for the purpose of developing a business partnership that is not in response to a formal or informal request issued by TAMC. TAMC currently does not have a written policy for responding to unsolicited proposals, and handles them on an ad-hoc basis, consulting with Agency Counsel.
An unsolicited proposal should be distinguishable from projects and plans already part of TAMC’s long-term budget planning process. Potentially successful proposals would likely use innovative but pragmatic solutions that offer added value, such as enhanced financing options, improved customer service outcomes or advanced delivery dates. An unsolicited proposal should be:
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Innovative and pragmatic;
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Independently originated and developed by the proposer;
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Submitted by parties external to TAMC, prepared without TAMC’s supervision, endorsement, direction, or direct involvement; and
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Sufficiently detailed that its benefits in support of TAMC’s mission and responsibilities are readily apparent.
If the proposed Policy is adopted, TAMC will receive and evaluate unsolicited proposals using a two-phased approach. In Phase One, TAMC staff will evaluate written conceptual proposals and bring them to the Executive Committee for review, at which time a determination will be made as to whether to request additional and detailed information in Phase Two.
If there is interest in the conceptual proposal, the proposer will be asked to submit detailed documentation for evaluation in Phase Two. The TAMC Executive Director will bring the detailed proposal to the Executive Committee for direction as to whether to proceed with negotiations and, if so, whether to pursue a sole source agreement or to pursue a competitive solicitation using TAMC’s procurement policies and procedures.
TAMC’s receipt of an unsolicited proposal does not, by itself, justify a contract award without full and open competition. If the unsolicited proposal offers a proprietary concept that is essential to contract performance, it may be deemed a sole source. If not, TAMC will follow the competitive procurement process. TAMC may, at any time, choose not to proceed further with any unsolicited proposal.
The Executive Committee asked Agency Counsel to investigate the option of charging fees for reviewing proposals. Agency Counsel determined that our legislative mandate does not empower TAMC to impose a fee for the initial proposal review, but TAMC can enter into contracts for reimbursement for the review and processing of the detailed proposal. Attachment 1 is the draft policy showing the revisions based on input from the Executive Committee discussion on August 7, 2019, including a proposed reimbursement agreement for staff review of the detailed proposal.