Centre For Local Research into Public Space (CELOS)
Jane Jacobs on service contracts.
“A city has to be responsible for keeping its own society endlessly involved with maintaining a city its own people can feel at home in and be proud of…..The more that cities can make of their own ordinary people’s capacities for economic and social invention and experiment, the more useful and valuable cities become – not only for their own people but also for their nations.”
City of Toronto version: Unsolicited proposals provide external organizations an opportunity to submit new and innovative ideas to the City for the purpose of obtaining a contract with the City with the express intent of securing a financial return for the organization. From the auditor's report executive summary, p.1
AU6.2 - Reinforcing the Importance of Openness, Fairness and Transparency in City Procurement: An Audit of the Procurement and Implementation of the PayIt Unsolicited Proposal. Item - 2024.AU6.2
September 30, 2024
P.8: ....At the time our audit was conducted, most of the senior management and staff involved in key decisions with respect to the PayIt unsolicited proposal, proof of concept, and implementation plan were no longer working for the City.
C. Records Supporting Key Decisions Were Not Properly Retained
Based on interviews with current staff, many of the internal discussions on key concerns and/or decisions with respect to the unsolicited proposal and the procurement process were made during internal meetings. However, when we asked staff to provide minutes for key meetings or other records related to key decisions and discussions, staff were generally unable to provide such records to us for review.
Unsolicited Quotations for Proposals Policy
.....the following minimum information must be submitted to the Division Head as part of the unsolicited quotation or proposal, as applicable:
- Vendor profile - Proposal or Quotation overview - Objectives and outcomes - Project scope or specifications and time frames - Deliverables and work plan - Project controls and constraints - Reporting and project management - Vendor and City respective responsibilities - Pricing and benefit/risk sharing - Proposed contractual terms - Acknowledgement that the vendor will abide by the City’s Policies and By-laws
If the Division Head feels that the unsolicited quotation or proposal has merit, the Division Head should assemble an Evaluation Team with sufficient expertise to evaluate the unsolicited proposal or quotation.
Process for Receiving and Reviewing Unsolicited Quotations and Proposals
Date: Jan 15, 2008
1.3 Eligible Partners
All organizations, both private and not-for-profit, as well as individuals are invited to partner with the City. Quotations and proposals are to be evaluated solely on the merits of the submission and not the perceived suitability of the proponent.
1.4 Staff Guidelines
Section 1(b) of the Policy states that an unsolicited quotation or proposal is not to be considered if “it requires substantial assistance from the city to complete the quotation or proposal.” Specifically, Division staff are precluded from engaging in the following activities:
i. acting as “sounding boards” for quotations or proposals;
ii. delivering advice on project design;
iii. advising on the selection of resources;
iv. coordinating or participating in the collection and/or analysis of data;
v. helping to refine quotations or proposals; and
vi. participating in the preparation of any documentation
1.5 Types of Quotations or Proposals
The City seeks to partner on innovative projects that align with its mission/values and that advances the community goals of Council (i.e. social development, economic vitality, environmental sustainability, good governance, city building)
2.3 Stage 3 – Submission of a Detailed Quotation/Proposal
....since staff involvement that is found to encompass supervision or direction will disqualify the proposal from further consideration and result in the immediate termination of the process, all correspondence through Strategic Partnerships is to be limited to the provision of general information and/or restricted to the resolution of issues of a general nature.
....Has the quotation/proposal been independently originated and developed by the proponent?
- Does the proponent have the requisite capacity and expertise to fulfill its obligations under the quotation/proposal?
-Are risks and obligations appropriately apportioned?
-To what extent does the quotation/proposal [have] the support of affected stakeholders (i.e. the local councilor, community groups, etc.)
-Is the quotation/proposal legally feasible and does it comply with existing City regulations such as the “Fair Wage Policy?”
- Has the financial impact been fully assessed and deemed to be favourable (value for money)?
- Does the prospective project have any adverse social, environmental and/or economic impacts?
-How is the project to be monitored post-implementation?
Comment: how would an internal city project measure up using this standard? E.g. the use of the new Dufferin Grove kitchen for kids' cooking classes in place of previous rink/playground snack bar/community suppers usage?