TAO_Approval.pdf
PDF 755 KB Posted
- Attached to
- Operational Audit of Town of Los Gatos Fleet
- Solicitation number
- 27-001
- Issued by
- Santa Clara County, California
About this file
This file consists of email correspondence between Town of Los Gatos staff and the Town Attorney regarding the procurement methodology for audit services related to fleet operations. The Town of Los Gatos Parks and Public Works Department, under the direction of Nicolle Burnham, proposed using a Request for Qualifications (RFQ) process to solicit professional services for a performance audit of the Town's fleet operations, which manages 91 vehicles and equipment assets including construction equipment, work trucks, police vehicles, trailers, and off-road UTVs. The correspondence documents a discussion between Burnham, Town Attorney Gabrielle Whelan, and Paul Gonia concerning whether an RFQ or Request for Proposals (RFP) process should be utilized. Burnham argued that an RFQ approach would allow the Town to rank vendors based on qualifications while using hourly rates as a secondary factor, then negotiate scope and fees with the top-ranked vendor, which she contended was consistent with professional services procurement practices. The Town Attorney initially rejected the RFQ approach and directed the department to use an RFP process instead, citing the Town's Purchasing Policy Section 2.50.141 for services exceeding $50,000. However, Whelan ultimately approved the RFQ methodology, stating that "PPW can use an RFQ instead of an RFP if that is easier for you," acknowledging that while an RFP might be more traditional, the RFQ approach was not illegal.
The correspondence indicates that professional services procurement for the audit would focus on qualifications rather than price as the primary selection criterion, with hourly rates submitted for evaluation purposes during the ranking process. The Town's approach emphasized that professional services selection should prioritize the exercise of professional discretion and independent judgment based on advanced or specialized knowledge and expertise, rather than competitive pricing. Whelan noted that an RFQ is typically used to establish a vendor list for future procurement needs, while an RFP is used when seeking immediate proposals; however, she acknowledged that the proposed hybrid approach of conducting an RFQ followed by scope and fee negotiations was administratively acceptable. The file does not specify contract value, response deadlines, site visit requirements, or award dates, as the correspondence focuses primarily on procedural approval rather than procurement specifications.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| Operational_Audit_of_Town_of_Los_Gatos_Fleet.pdf | ||
| email_AB339.pdf | ||
| Sample_Agreement_for_Services.pdf | ||
| Fleet_Evaluation_Report.pdf |
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
Nicolle Burnham
From: Gabrielle Whelan Sent: Thursday, July 9, 2026 11:00 AM To: Nicolle Burnham Cc: Paul Gonia Subject: RE: RFQ - Audit
Yes, PPW can use an RFQ instead of an RFP if that is easier for you.
Gabrielle Whelan ● Town Attorney Town Attorney’s Office ● 110 E Main Street, Los Gatos, CA 95030 Desk: 408.354.6818 ● gwhelan@losgatosca.gov www.losgatosca.gov ● https://www.facebook.com/losgatosca
From: Nicolle Burnham <NBurnham@losgatosca.gov> Sent: Thursday, July 9, 2026 9:57 AM To: Gabrielle Whelan <GWhelan@losgatosca.gov> Cc: Paul Gonia <PGonia@losgatosca.gov> Subject: RE: RFQ - Audit
From this it seems like the RFQ is still an acceptable process for the task at hand. With the RFP we would end up with various scopes and cost proposals that would need to be evaluated and reviewed. If we limit consultants to submitting only on our scope and it is missing something we still end up negotiating the scope and fee to get the product we need.
For the bottom line is that both processes are an administrative burden, but the RFQ is slightly less burdensome.
The RFQ is also a lower barrier of entry for consultants so the Town has a larger pool to evaluate.
From this email below I feel that we are ok to carry on with the RFQ, or am I missing something?
From: Gabrielle Whelan <GWhelan@losgatosca.gov> Sent: Thursday, July 9, 2026 9:44 AM To: Nicolle Burnham <NBurnham@losgatosca.gov> Cc: Paul Gonia <PGonia@losgatosca.gov> Subject: RE: RFQ - Audit
Here is a description of the RFP process from the Town’s purchasing policy:
2. Requests for Proposals Process.
a. Purchases for services and goods not standardized or not of uniform quality or requiring other factors in addition to cost to be taken into account, in excess of 50,000, except public works projects, are subject to a Request for Proposal Process as outlined in Town Code Section 2.50.141. When a Request for Proposal process is used:
i. The following information should be included in the Request when relevant: submittal deadline, contact information, introduction, background, scope of work, payment details, information to be submitted, timeline, evaluation criteria, insurance requirements, disqualifications, contract terms and conditions, and the public nature of materials submitted.
ii. Any dollar amount may be used.
iii. Proposals shall be submitted to the designated Town personnel electronically or in a sealed envelope prior to the deadline.
iv. The purchasing Department shall solicit, whenever possible, at least three competitive proposals.
v. The Town may utilize various other accepted requests for procurement in place of a Request for Proposal, including a Request for Information, Request for Statement of Qualifications, or others as deemed appropriate.
vi. The Request shall be posted online at least 10 days in advance, unless a shorter timeframe is warranted.
vii. Any interested vendors shall be treated fairly and given identical information and an equal opportunity to compete.
viii. Once responses are received, the proposals will be confidentially evaluated and scored in accordance with the established criteria.
DocuSign Envelope ID: 8247ABB6- 42DF-4CD4-9A6C-F5590532B8DC TITLE: Purchasing Policy
PAGE:
POLICY NUMBER:
4-06 Interviews, presentations, site visits, etc. may be conducted depending on the nature of the procurement.
ix. When a top-rated proposer is identified, good faith negotiations will commence. If an agreement cannot be reached in consideration of cost and/ or scope, the next highest-rated proposer will be engaged and so on, until a mutually acceptable agreement is reached.
From: Gabrielle Whelan Sent: Thursday, July 9, 2026 9:30 AM To: Nicolle Burnham <NBurnham@losgatosca.gov> Cc: Paul Gonia <PGonia@losgatosca.gov> Subject: RE: RFQ - Audit
In my experience, an RFQ is used when a city wants to have a list of vendors that it can contact when it issues future RFP’s or wants vendors on call.
It sounds like the Town wants to get proposals from a number of professional service providers. That is why I suggested doing an RFP.
PPW’s proposal to do an RFQ first and then to negotiate is not illegal – it just sounds overly complicated.
From: Nicolle Burnham <NBurnham@losgatosca.gov> Sent: Thursday, July 9, 2026 9:21 AM To: Gabrielle Whelan <GWhelan@losgatosca.gov> Cc: Paul Gonia <PGonia@losgatosca.gov> Subject: RFQ - Audit
Hi Gabrielle – Thank you for the quick review of the RFQ for audit services. I see that you rejected it and directed us to use an RFP process instead.
I believe we are seeking Professional Services. These are defined in the Town Purchasing Policy as: Services which require the exercise of professional discretion and independent judgment, based on an advanced or specialized knowledge, expertise or training gained by formal studies or experience. Examples of professional service providers include appraisers, architects, attorneys, engineers, instructors, land surveyors, physicians, information technology services, graphic designers, construction inspectors, etc.
I have always understood that professional services are not to be selected based on price. This RFQ requests that submitters provide their hourly rates. The hourly rates will be used in the ranking of qualifications. Then we would enter into negotiations for scope and fee with the most qualified vendor. If those negotiations are not successful we would then negotiate with the next most qualified, etc.
Your comment suggests we rank the qualifications and issue and RFP to the most qualified vendors. We have not historically done that so I’m just wondering why this process should be diƯerent.
Thanks for clarifiying
Nicolle Burnham ● Director Parks and Public Works ● 41 Miles Avenue, Los Gatos, CA 95030 Desk: 408.399.5774 ● nburnham@losgatosca.gov www.losgatosca.gov ● www.LosGatosCA.gov/MyLosGatos311
File details come from the government source that posted it. Updated .