Bourbon County's request for proposals for a new human resources consultant closed Wednesday, two days after a county commissioner questioned whether applicants will be held to the requirements in the document.
Commissioner Joe Allen, who is leading the process, told the commission at its Monday meeting that the request would close Oct. 7. He said he had inadvertently listed Oct. 5 as the deadline but that Oct. 7 was the date stated in an earlier meeting.
As of Monday, Allen said the county had received three proposals, two from corporations and one from an individual. County Clerk Ann Clarkson told the Monitor Wednesday that no additional proposals had been received as of 3 p.m., an hour before the deadline.
Commissioners had planned to review the proposals at their Oct. 12 meeting, which has since been canceled for a public holiday. Clarkson said she believed the proposals would be an agenda item at the commission's Oct. 19 meeting.
The county's previous HR consulting contract has lapsed and has continued month to month, according to minutes from the commission's Aug. 17 meeting. Those minutes state Allen and Commissioner David Beerbower had been contacted by a local individual interested in offering HR services.
The commission approved publishing the request for proposals Sept. 14. The document solicits proposals from "qualified firms or individuals to provide comprehensive Human Resource (HR) services."
The scope of work outlined in the document includes recruitment and staffing, employee relations, benefits administration including KPERS retirement, and compliance with federal and state employment laws such as the Fair Labor Standards Act and the Family and Medical Leave Act. It also covers training and policy development.
The request required proposals to include a company profile, qualifications, references, a cost breakdown and proof of liability and workers' compensation insurance. Under qualifications, the document listed "HR certifications (PHR, SPHR, SHRM-CP/SCP), Kansas-specific HR expertise."
The document lists five evaluation criteria: Kansas public sector HR experience, understanding of Kansas employment laws and county operations, quality of approach, cost and references. It also states the county "reserves the right to reject any or all proposals, waive informalities, and accept the proposal deemed in the best interest of the County."
At Monday's meeting, Commissioner Mika Milburn-Kee asked how strictly the commission would follow the document.
"Do they have to meet the stipulations in the RFP?" Milburn-Kee asked. "I mean, I thought that that's what the RFP was for."
Allen responded that the board could discuss that once all proposals are in hand. Milburn-Kee replied that waiting would allow commissioners to "change your mind to choose whoever you want."
County Counselor Bob Johnson told commissioners the board makes the selection and that respondents can deviate from an RFP to some degree.
"I'm just saying you're setting yourself up to make deviations so that the person that you already have selected and have in your mind," Milburn-Kee said, before Allen responded.
"Do we have somebody selected? No. I haven't got anybody in mind," Allen said. "And I haven't read them on purpose."
Allen then asked whether the commission used the same process a year ago. Milburn-Kee answered that the board selected a consultant then without an RFP, and Beerbower said the commission had brought in one person.
Allen said it was recommended that the county use an RFP this time. Milburn-Kee responded that Allen had received an email from Millie Lipscomb, who then spoke to the commission seeking the job. See the editor's note at the end of this story.
Milburn-Kee told the board that some proposals already submitted do not meet the qualifications listed in the document.
"So then they should be disqualified," Beerbower said.
Chairman Gregg Motley said the board would review the proposals and that no one had changed or deviated from the RFP. Allen added, "That's the point of the process."
Commissioner Samuel Tran said he first raised the idea of an RFP, drawing on his work in contracting.
"If you put out an RFP, that's your guidepost," Tran said. "That's what you should use."
Tran said the commission does not have to use every element of the document, but that applying exceptions to one respondent and not others could expose the county to a lawsuit. He added that respondents can file a protest if the county deviates from an RFP.
Johnson recommended that commissioners review the proposals before acting on them.
"Because you don't know what you have yet," Johnson said.
Motley said no decision had been predetermined. After the meeting adjourned, Tran asked where the request had been advertised and was told it ran in the help-wanted section.
Editor's note: Millie Lipscomb is a freelance reporter and columnist for The Bourbon County Monitor. Lipscomb submitted a proposal in response to the county's request. She had no role in the reporting or editing of this story.
