What is an RFP? El Paso County Coliseum talks raise questions about public bidding process
EL PASO, Texas (KVIA) -- Questions over the future management of the El Paso County Coliseum have raised public interest in how a county's request for proposals works under Texas law.
An RFP, or request for proposals, is a formal process governments can use to ask outside organizations to submit plans for a contract.
In this case, El Paso County officials have said an RFP is being developed for management of the Coliseum, though one has not yet been published.
Texas Local Government Code Chapter 262 lays out purchasing and contracting rules for counties.
Under Section 262.023, “Before a county may purchase one or more items under a contract that will require an expenditure exceeding $100,000,” a commissioners court must follow competitive bidding or competitive proposal procedures, use a reverse auction procedure, or comply with another procurement method allowed under state law.
Section 262.022 defines a purchase as “any kind of acquisition, including by a lease or revenue contract.”
The code also includes rules meant to keep bidders on equal footing. Section 262.0225 says commissioners court must provide “all bidders with the opportunity to bid on the same items on equal terms” and have bids judged “according to the same standards.”
That same section says a county must receive bids or proposals “in a fair and confidential manner.”
For public notice, Section 262.025 says notice of a proposed purchase must be published “at least once a week for two consecutive weeks in a newspaper of general circulation in the county.” The first publication must happen at least 14 days before bids are opened.
The notice must include a general statement of the proposed purchase, where specifications can be obtained, the time and place for receiving and opening bids, the official who should receive them, and the name and phone number of the purchasing agent.
If the county uses the competitive proposal process, Section 262.030 says proposals must be solicited through an RFP. It also says the request for proposals must specify “the relative importance of price and other evaluation factors.”
Under that section, the contract must be awarded to the responsible offeror whose proposal is determined to be “the lowest and best evaluated offer resulting from negotiation.”
Section 262.030 also says offerors must be given “fair and equal treatment” during any opportunity for discussion or proposal revisions before an award is made.
Once a contract is awarded, the code says proposals become available for public inspection, except for trade secrets and confidential information identified in the proposals.
At Monday’s Commissioners Court meeting, Assistant County Attorney Anna Schumacher said no RFP had been published yet.
“It seems that there isn’t a procurement violation yet to discuss,” Assistant County Attorney Anna Schumacher said.
The Commissioners Court voted to take up the matter in executive session.
However, Schumacher with the County Attorney’s Office confirmed afterward that the item, which pertained to the proposal, was not discussed. She said it will be posted for executive session next week.
