The selectmen went another round on the topic of who will get to lease the old library at their meeting this week. Selectman Ron Ricci presented the board with a draft of an invitation for bid (IFB) for leasing the building. Selectman Ken Swanton, the board’s chairman, and Selectwoman Lucy Wallace reminded Ricci that they had been tasked with producing a request for proposals (RFP) for the building. A heated debate ensued, and when Swanton attempted to set forth a plan for the next meeting to discuss RFP criteria and hear the updated business plan of the Harvard Cultural Collaborative (HCC), a group seeking to lease the building, Ricci and Town Administrator Tim Bragan warned board members that they might appear to be “colluding” with the HCC.
The HCC presented its original business plan to the selectmen almost a year ago (see timeline below), and in June the selectmen asked for an updated business plan by October. The HCC was originally on the agenda for this week’s selectmen meeting, but Swanton asked the HCC if it could delay the plan presentation until the board’s next meeting because Selectwoman Alice von Loesecke, who was not yet on the board when the first plan was presented, would not be at this week’s meeting.
Ricci said that his motive for drafting an IFB was to move the bidding process along, because the deadline that the selectmen set to develop an RFP, Nov. 22, was fast approaching and no criteria had yet been discussed. Bragan told the board that an IFB was drafted instead of an RFP because an RFP takes longer to write. He said that RFPs contain “weighted” elements, and the town must clearly define the criteria for each weighted element (see RFP case study example below). Assistant Town Administrator Marie Sobalvarro said in an interview that an IFB simply states all of the requirements, and the winning bid is selected based solely on the price, whereas an RFP is selected based on the combination of the weighted elements.
Avoiding perception of collusion
Board members agreed that they need to begin discussions about the criteria for an RFP at their next meeting, but when Swanton attempted to schedule a presentation of the updated HCC business plan, Bragan and Ricci warned that the board should be careful to avoid the appearance of collusion. The board discussed various schedules for covering the two agenda items, but Ricci said that the only way to avoid the appearance of collusion is not to interview any interested groups until the town gets responses to its RFP. Swanton responded, “Why are we finding out now that we shouldn’t have scheduled a presentation from the cultural collaborative on Oct. 18 and a Nov. 22 date to finalize an RFP?”
The board directed Bragan to speak with the state’s procurement office to determine what input the board could have from interested parties before releasing an RFP. Wallace and Swanton will meet with Bragan in the next two weeks to discuss how to craft an RFP so they can begin that process.
The HCC issued a statement to the Press regarding the appearance of collusion: “We’ve always interpreted our discussions with the selectmen as part of the town’s usual due diligence process, yielding them information they may find helpful as they explore and consider possible uses for the building.”
The long and winding road of the Cultural Collaborative
Oct. 22, 2015
The selectmen hold a public input session on the use of the old library. Various residents speak, and the Harvard Cultural Collaborative (HCC) presents a business plan. The selectmen tell the collaborative that they will send its members questions, and when the answers have been submitted, the group should return to a later meeting to discuss their answers.
Dec. 1, 2015
The HCC returns to the selectmen’s meeting. The board is clearly split on support for leasing the old library to the HCC. After talk of the possible costs of making the building accessible, Selectman Leo Blair asks the HCC if it would buy the building for a dollar. The selectmen tell the HCC to think it over and return to their meeting in two weeks with an answer.
Dec. 15, 2015
The HCC returns, but the selectmen agree that the cost of making the building accessible should be determined before making any decisions on its use, and they vote to hire an architect to determine that cost. An architect from LLB Architects walks through the building in January and submits recommendations for making the building accessible but does not provide estimated costs.
Jan. 7, 2016
The board votes to create a subcommittee, the Old Library Accessibility Committee, to consider options to make the building accessible.
June 7, 2016 (at strategic planning meeting)
The board outlines three steps to finding a productive use for the old library: compiling real estate market data, determining if the School Committee has any interest in using the building for administrative offices, and asking the HCC for an updated business plan by October, which they hope will include making the old library accessible.
June 21, 2016
HCC members attend the selectmen’s meeting and ask to move ahead with lease negotiations. The selectmen tell the HCC that the lease must go through an RFP process to allow any interested party to propose a use for the building.
July 12, 2016
Selectwoman Lucy Wallace and Selectman Ken Swanton agree that they will work together to develop an RFP.
Sept. 23, 2016
The Concord Area Special Education (CASE) Collaborative sends a letter to the Harvard Board of Selectmen formally requesting a look at the feasibility of leasing the old library to house Colebrook High School, a 25-student therapeutic school.
Oct. 4, 2016
The Old Library Accessibility Committee presents three options to the selectmen for making the building accessible. The committee asks for funding for a survey and cost estimates for the three options. The selectmen tell them to request a Reserve Fund transfer from the Finance Committee and return when the estimates and survey are completed so they can assist the selectmen with choosing an option.
Oct. 18, 2016
The HCC was to present its updated business plan but is asked to delay until all of the selectmen are present to hear it. Ricci presents a draft of an invitation for bid. Town Administrator Tim Bragan and Ricci tell the board that it needs to move the RFP process along and warn that further input from the HCC could appear as collusion.
Case Study: Town of Waltham RFP to lease a building
Not all criteria need to be assigned weights in an RFP. Below is an excerpt of an RFP to lease space in the town of Waltham. Rental criteria, such as maintenance, repairs, and insurance, are listed under “Required Terms and Conditions.” Only two items are given weights: the proposed use of the building and the rental stream.
“The Evaluation Committee’s review will be based on the relative merits of the proposals in terms of:
- Proposed Use (25 percent of total points): Each proposal shall be given a score of one to five (with five being the highest score) based on the extent to which it preserves the historic nature of the building, for a use which increases the economic development of the downtown/Felton Street area and as of right in a commercial zone, for an artistic use such as art studio, art education, indoor/outdoor retail market or restaurant or business and for a use that does not derogate or harm the surrounding neighborhoods.
- Rental stream (75 percent of total points): The Evaluation Committee will determine the present value of the rental stream to be generated by each proposal. Each proposal will be given a score of one to five (with five being the highest score) based on the present value of rental payments and the financial strength of the proposer.”
See the full RFP at bit.ly/2ehVDiV.
