Monday, January 2, 2012

Open Letter #5

LETTER TO THE EDITOR – OPEN LETTER #5 TO THE COMMUNITY FROM A TOWN BOARD MEMBER

We’ll begin the New Year 2012 with Open Letter #5.  As stated in previous Open Letters, the information below is provided because there are many in the community who have no information, some information, or erroneous information about several issues.  

I will continue to select two or three topics once or twice each month merely to enlighten or inform.  I will also accept topics from you for future “Open Letters.”  Feel free to contact me at twaters@pahrumpnv.org or 775-764-0949. 

As a DISCLAIMER, please understand that I speak ONLY for myself as a Town Board member and will provide accurate information as I see it through my research.  Please check my facts and feel free to provide corrected data if you believe I am in error.  You are also free to ask other Town Board members or members of the community if they agree with me or have a different view point.  All information is reviewed by several entities to ensure there are no NRS violations. 

1. The Request for Proposal (RFP) Training Module for Local Businesses -
Most of us agree that if the Town of Pahrump has a contract to offer through the RFP process, a “local” business should be selected as long as they are competitive and qualified.  To ensure that local businesses (bidders) are competitive, I wanted to offer an RFP training program to our Local Businesses that were interested.  I quickly learned that if the Town provided the training and then selected a Local Business that had attended the training, it would be a “Conflict of Interest” situation.  By placing the training module here for all to use, there is no conflict of interest.  So, please use this the next time you (as a business) prepare a response to an RFP request.  You should also be familiar with all applicable Nevada Revised Statues (NRS)

Request for Proposals (RFP) are a structured process by which a local government prepare bid documents to acquire equipment or professional services.  RFPs are issued at the early stage in a procurement process, where an invitation is presented for suppliers, often through a bidding process, to submit a proposal on a specific service.  These RFPs are published in the legal documents section of pertinent newspapers (that has a general circulation within the county wherein the local government) and/or in trade journals covering the industry in which the bidder operates. The RFP can also be distributed to a list of qualified potential bidders that have already been contacted and prequalified as eligible by the local government.

RFPs are primarily associated with government agencies, since their responsibility to get equipment and consulting talent under the most beneficial circumstances possible is closely monitored by the press and tax watchdogs not to mention mandated by NRS: Chapter 332 – Purchasing: Local Governments.
"Qualified" is a key word in answering or preparing any RFP.  A qualification frequently depends on follow-up investigation on the part of the hopeful bidder, and careful wording of the original RFP.  If bidders have questions, they should definitely call the local government representative and ask.

The RFP may dictate, to varying degrees, the exact structure and format of the supplier's response.  Effective RFPs typically reflect the strategy and short/long-term business objectives, providing detailed insight upon which suppliers will be able to offer a matching perspective.

In principle, an RFP: 
  • informs suppliers that an organization is looking to procure and encourages them to make their best effort. 
  • requires the company to specify what it proposes to purchase.  If the requirements analysis has been prepared properly, it can be incorporated quite easily into the Request document. 
  • alerts suppliers that the selection process is competitive. 
  • allows for wide distribution and response. 
  • ensures that suppliers respond factually to the identified requirements. 
  • is generally expected to follow a structured evaluation and selection procedure, so that an organization can demonstrate impartiality - a crucial factor in public sector procurements. 
Here are two “links” to websites that will guide anyone through writing an effective response to an RFP request.  Follow them carefully.  http://www.ehow.com/how_8453891_write-effective-response-rfp.html  and http://www.answers.com/search?q=rfp.

Remember too that bids selected are from the “lowest responsive and responsible bidder.” (NRS 322.065) Selection may also be made by (or impacted by) the Bidder’s “Responsibility” where experience is one of six crucial elements. (NRS 322-085)

The following two NRS’ are very important to know when submitting a bid.
NRS 332.065 Award of contract for which bids have been advertised or requested: Lowest responsive and responsible bidder; preference given to recycled products; reawarding contract.
1.      When a governing body or its authorized representative has advertised for or requested bids in letting a contract, the governing body or its authorized representative must, except as otherwise provided in subsection 2, award the contract to the lowest responsive and responsible bidder. The lowest responsive and responsible bidder may be judged on the basis of:
(a)    Price;
(b)   Conformance to specifications;
(c)    Qualifications;
(d)   Past performance;
(e)    Performance or delivery date;
(f)    Quality and utility of services, supplies, materials or equipment offered and the adaptability of those services, supplies, materials or equipment to the required purpose of the contract;
(g)   The best interests of the public; and
(h)   Such other criteria as may be set forth by the governing body or its authorized representative in the advertisement or request for bids, as applicable, which pertains to the contract.

 NRS 332.085 Determination of bidder’s responsibility.  In determining the responsibility of any bidder, the governing body or its authorized representative:
1.      Shall consider the possession of and limit on any required license of the bidder; and
2.      May consider the:
(a)    Financial responsibility of the bidder;
(b)   Experience of the bidder;
(c)    Adequacy of the equipment of the bidder;
(d)   Past performance of the bidder;
(e)    Performance or delivery date; and
(f)    Ability of the bidder to perform the contract. 
(Added to NRS by 1975, 1537; A 1983, 914; 2001, 1316; 2003, 619)

It is my hope that all local businesses will use this information to ensure they are ready to be competitive in the RFP bidding process.  I will continue to say, “Remove the emotion and put your best foot forward.”

2. The Documents of Freedom  -
For those who read my last “Open Letter” just how important the Documents of Freedom really are.  Although I read a lot and felt I understood our government, it wasn’t until I listened to Mr. Phillip Hider that my eyes were opened to the Documents of Freedom.  This is Part 2 of some of the history I learned from this dedicated patriot who loves America as much as I do.  It is my hope that his lectures on the Documents of Freedom will be requested by our educators at all levels and taught to our students.  Even with my doctorate of education degree and my time as a teacher and school administrator, I was ignorant on what our “Founding Fathers” meant by their words in the Documents of Freedom.  I am no longer ignorant and that is my goal for each of you.  Ignorance is gone once you know and accept the education provided.  It is sheer stupidity to refuse to be educated. 

In my last Open Letter I spoke of the TWO Civil Wars fought in this country.  If you missed it, please go back and read my previous letter.  I also left some test questions and I hope you were able to answer them all with no problems.  I will repeat the questions in this Open Letter and also provide the answers.  Let’s see how many “A” students we have in Pahrump. 

We are extremely fortunate that our Founding Fathers insisted on a written constitution to guarantee the freedom of the people.  How many nations have written constitutions that have lasted over 100 years?  This is also a question I asked in my last Open Letter.  I’m sure you know the answer now because there is only ONE and you live here.  Here are other Documents of Freedom that you should study and understand to better understand the United States of America.  1) Magna Carta, 2) The Mayflower Compact, 3) The Unanimous Declaration of the Thirteen United States of America, 4) The Constitution, 5) The federalist Papers, 6) The Bill of Rights. 

I’ll end this as Part 2 of the Documents of Freedom with the following questions with the answers provided to see how well we have been taught in our public and private school systems.  Please study them so you can discuss them with students or adults that need to know more about the United States of America.   

            1. What form of government do we have in the United States?  CONSTITUTIONAL REPUBLIC.  

            2. What is the supreme law of the land?  THE U.S. CONSTITUTION.  

            3. How many Articles are in the U.S. Constitution?  SEVEN (7).  

            4. What are the Branches of Government?  THE EXECUTIVE BRANCH (The President) / THE LEGISLATIVE BRANCH (The Congress which includes the Senate and the House of Representatives.)  / THE JUDICIAL BRANCH (The U.S. Supreme Court)  

            5. What is the Bill of Rights?  THE FIRST TEN AMENDMENTS TO THE CONSTITUTION.  

            6. From where are the U.S. citizens rights derived?  FROM OUR CREATOR.  

            7. How many rights are enumerated in the Bill of Rights?  GO AHEAD AND COUNT THEM.  THERE ARE A NOMINAL TWO DOZEN DEPENDING OUR HOW YOU READ THE TEXT OF THE BILL OF RIGHTS.  REMEMBER THAT OUR RIGHTS COME FROM OUR CREATOR.  

            8. How many amendments are there to the U.S. Constitution?  TWENTY SEVEN (27).  

            9. What is the 1st amendment?  ENSURES THE FIVE BASIC FREEDOMS: FREDOM OF RELIGION, FREEDOM OF SPEECH, FREEDOM OF THE PRESS, FREEDOM TO ASSEMBLE, AND FREEDOM TO PETITION THE GOVERNMENT TO REMEDY GRIEVANCES.  

            10. What is the 2nd amendment?  PROTECTS THE RIGHT TO BEAR ARMS.  

            11. What is the 3rd amendment?  ENSURES PRIVATE CITIZENS THAT THEY CANNOT BE FORCED TO HOUSE SOLDIERS DURING PEACETIME. 

Please go ahead and study the other seven Amendments.  They were put in place because these were situations imposed upon them by the British Government and they wanted to ensure that this “New Government” was a government OF the people. 

I will present more of what I learned from Mr. Phillip Hider in my Open Letter #6.  Please remember that as we go through life we need to ask ourselves this question, “How will you know when your rights are being taken away if you don’t know what they are?”  You hear many people loudly state, “I know my Rights!”  But do they?  Do you? 

Dr. Tom Waters
Pahrump Town Board
twaters@pahrumpnv.org
775-764-0949