El Paso City Council Work Session: Procurement Process Overview and Executive Session - August 4, 2025

On Monday, August 4, 2025, the El Paso City Council held a work session beginning at 9:00 AM in Council Chambers, City Hall, 300 N. Campbell, and virtually. Mayor Renard U. Johnson presided, with Mayor Pro Tem Alejandra Chávez and Representatives Josh Acevedo, Deanna Maldonado-Rocha, Cynthia Boyar Trejo, Ivan Niño, and Lily Limón present. Representative Chris Canales joined at 9:01 AM. The session focused on a presentation and discussion of the procurement process, specifically the Competitive Sealed Proposal (CSP) method, and concluded with an executive session and subsequent actions.

Discussion Items

• Presentation on Procurement Sourcing Policy and Process (Session 2 – Competitive Sealed Proposal): Claudia Garcia, Director of Purchasing and Strategic Sourcing, and Daniel Garcia, Assistant Director for Capital Improvement Department (CID), presented a detailed overview of the procurement process for design-bid-build construction projects. The presentation covered the CSP methodology, including solicitation preparation, advertising, evaluation, negotiation, and award recommendation. Key points included:
  • The design phase can take up to 12 months, procurement up to 9 months, contract execution about 2 months, and construction timeline varies.
  • The CSP process is regulated by state statute; price must be at least 50 points for civil works projects.
  • The city uses an independent cost estimate; if a bid is significantly lower, a price analysis is conducted.
  • The city has 85 certified vendors under the Hir El Paso program (tiered certification). The program applies when a certified vendor is within 5 points and 5% of the top-ranked non-certified bidder, allowing award to the local vendor.
  • Evaluation committees consist of 3-5 members approved by CID directors, with the project manager excluded. The Cone of Silence is enforced throughout.
  • Reference checks: two attempts via email and phone; if no response, the reference scores zero. Vendors are warned in the solicitation to ensure contacts are responsive.
  • The city is working on dashboards to track project status and improve transparency.
• Council Member Questions and Concerns:
  • Representative Deanna Maldonado-Rocha inquired about tracking project status (e.g., the Bonham Elementary site) and the gap between design and advertisement. The city manager noted they are working on manual updates and dashboards.
  • Representative Ivan Niño clarified that design must be completed before procurement begins under the design-bid-build model.
  • Representative Alejandra Chávez asked about council involvement in approvals and solicitation changes. The city manager explained that approvals tie to funding streams and that clarifications during the Q&A period can extend deadlines.
  • Representative Chávez also raised concerns about objectivity in evaluating experience and reputation, and suggested adding language like "offerer's experience in El Paso" to evaluation criteria. The city attorney noted they would need to review legal viability.
  • Representative Josh Acevedo questioned the scoring of past performance, noting that contractors who perform poorly on time or quality can still win if price and schedule scores are high. He advocated for better metrics to root out poor performers. The city manager explained that contractor performance is addressed through separate processes (e.g., damages, disqualification) and that the city is developing a vendor report card.
  • Representative Cynthia Boyar Trejo asked about small business education and training. The city offers periodic training with the Hispanic Chamber and one-on-one sessions. She also questioned the evaluation of key personnel and health insurance in best-value solicitations; the city noted that incentives like paid vacation are also considered if health insurance is not offered.
  • Representative Lily Limón recalled the San Jacinto Plaza project disaster where price was 75 points, leading to a de facto low bid. She noted that after that, the CSP policy was rewritten to prevent price from dominating.
  • Mayor Johnson asked about unrealistic low bids and change orders. The city confirmed that price analysis is done and that change orders are capped at 25% of the contract award (state law). The mayor also noted that the city does not currently throw out the highest and lowest bids.
  • Representative Acevedo asked about the criteria for the Hir El Paso program (5 points and 5%) and whether the city contacts non-certified local vendors afterward. The city said they are considering that outreach.
  • Representative Maldonado-Rocha asked about rater discrepancies and conflict of interest. The city reviews evaluator notes and holds debriefings; they have not had to remove an evaluator. The losing bidder can protest.
  • Representative Chávez echoed concerns about potential bias in evaluation and noted that some vendors fear retaliation. The city manager encouraged vendors to request debriefings and use the protest process.
  • Representative Trejo asked about best-practice models; the city compares with Austin, Houston, Dallas, San Antonio and used a consultant in 2018 to develop the current policy.
  • Representative Chávez requested data on bid opening timeliness, number of Hir El Paso awards, and trends in program participation. The city said they will provide reports.

Key Outcomes

• No action taken on the procurement presentation; it was for discussion only.
• Executive Session (10:30 AM – 1:05 PM): The council retired to executive session to discuss seven items under Texas Government Code sections 551.071 (consultation with attorney) and 551.087 (economic development negotiations).
• Action on EX1: A motion by Mayor Pro Tem Chávez, seconded by Representative Limón, passed unanimously to authorize the city attorney’s office to deny the settlement demand in City of El Paso v. Ricks Cabaret and RCI Holdings, D/B/A Jaguars Gold Club (Cause No. 2024DCV0848) and to take all necessary steps.
• No action taken on EX2 through EX7.
• The work session adjourned at 1:07 PM.