Springbrook software renewal
Our contract with Springbrook software was executed in a Master Agreement dated 12/31/2013. It was for 5 years, with an optional renewal term of one year. That optional renewal term ends on 12/31/2019.
Billing for the period of 12/31/2019-12/30/2020 is now strictly an annual invoice for maintenance and support of the two software products, Human Resources Management and Finance Suite, subject to a standard annual price increase of 3.5% over the prior year's fee. The billing is presented on an order form that requires a signature. An agenda item submitting this order form approval and authorization to sign was declined by County Counsel, with the instructions that an RFP must be completed.
In researching the procurement policy, I found an exemption from the public contracting rules for Data Processing Software. It would appear to offer an informal competitive procurement method involving reasonable efforts to solicit proposals from three vendors. I have reached out to the Contract Manager for guidance.
Questions at this time are as follows:
1) Is a procurement process necessary if we are operating on an annual billing basis only without any current contract?
2) Is an RFP necessary, or does the exemption apply to allow for informal solicitation of proposals only?
3) In the event that whatever procurement steps are deemed appropriate cannot be completed prior to 12/31/2019, can the one-year order form proceed to approval while the solicitation efforts are implemented?