Fundamentals for PURCHASING PROFESSIONALS Division of Purchases and

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Fundamentals for PURCHASING PROFESSIONALS Division of Purchases and Supply Robert E. Gleason DGS/DPS Procurement

Fundamentals for PURCHASING PROFESSIONALS Division of Purchases and Supply Robert E. Gleason DGS/DPS Procurement Review Unit

Fundamentals For Purchasing Professionals OBJECTIVES: l l l Have a general understanding of the

Fundamentals For Purchasing Professionals OBJECTIVES: l l l Have a general understanding of the Virginia Public Procurement Act (VPPA). Have an understanding of delegated authority and standards. Know how to use the Agency Procurement and Surplus Property Manual (APSPM), DPS staff, and other resources as purchasing tools.

Fundamentals For Purchasing Professionals OBJECTIVES: l l l Understand end-user/customer needs, requirements, roles, and

Fundamentals For Purchasing Professionals OBJECTIVES: l l l Understand end-user/customer needs, requirements, roles, and responsibilities. Understand recognize appropriate purchasing procedures. Recognize and understand basic procurement planning issues and exercise problem-solving skills to procure needed goods and services.

Fundamentals For Purchasing Professionals Code of Virginia Article 3 - Purchases and Supply Sec.

Fundamentals For Purchasing Professionals Code of Virginia Article 3 - Purchases and Supply Sec. 2. 1 -435. Establishes Div. of Purchases and Supply (DPS) l Sec. 2. 1 -440 Establishes that agencies purchase thru DPS l l Sec. 2. 1 -442 - Purchases be in accordance with Ch. 7, Title 11 (VPPA). - Authorizes DPS to: l Establish procedures (APSPM) l Exempt purchases below certain amounts, or certain agencies, or goods, and services.

Fundamentals For Purchasing Professionals Code of Virginia, Chapter 7, Title 11 Virginia Public Procurement

Fundamentals For Purchasing Professionals Code of Virginia, Chapter 7, Title 11 Virginia Public Procurement Act (VPPA) PURPOSE: State the public policies for government procurement from nongovernment sources. "If there is to be a contract between a state agency and a nongovernment vendor, the VPPA and the regulations set forth in the Agency Procurement and Surplus Property Manual (APSPM) and the Vendor's Manual apply regardless of the source of funds from which the contract is paid. " (APSPM, pg. 1 -1)

Fundamentals For Purchasing Professionals Virginia Public Procurement Act, Article 1. Section 11 -35. G.

Fundamentals For Purchasing Professionals Virginia Public Procurement Act, Article 1. Section 11 -35. G. "To the end that public bodies in the Commonwealth obtain high quality goods and services at reasonable cost, that all procurement procedures be conducted in a fair and impartial manner with avoidance of any impropriety or appearance of impropriety, that all qualified vendors have access to public business and that no offeror be arbitrarily or capriciously excluded, it is the intent of the General Assembly that competition be sought to the maximum feasible degree, that individual public bodies enjoy broad flexibility in fashioning details of such competition, that the rules governing contract awards be made clear in advance of the competition, that specifications reflect the procurement needs of the purchasing body rather than being drawn to favor a particular vendor, and that purchaser and vendor freely exchange information concerning what is being procured and what is offered. "

Fundamentals For Purchasing Professionals Objectives of the VPPA l Obtain high quality goods/services l

Fundamentals For Purchasing Professionals Objectives of the VPPA l Obtain high quality goods/services l Cost is reasonable l Fair and impartial procedures l Avoidance of impropriety (or the appearance of) l All qualified vendors have access l No arbitrary or capricious exclusions

Fundamentals For Purchasing Professionals Intent of the VPPA l Maximum feasible competition l Agencies

Fundamentals For Purchasing Professionals Intent of the VPPA l Maximum feasible competition l Agencies have broad flexibility l Rules are clear in advance l Specifications reflect needs, not favor any vendor l Free exchange of goods or services information

Fundamentals For Purchasing Professionals Organization of the VPPA Article 1 General Provisions Title, purpose,

Fundamentals For Purchasing Professionals Organization of the VPPA Article 1 General Provisions Title, purpose, applicability, implementation, definitions, exemptions. l Article 2 Contract Formation and Administration Procurement methods (comp. sealed bids/negotiation, sole source, emergency); recycled & less toxic goods; construction provisions; cancellation, rejection of bids, proposals, etc. ; contr. pricing, discrimination, exceptions, pre-qualification, debarment, preferences, coal, paper, local products, SWAM, brand names, public inspection of records, withdrawals of bids, bonds, etc. l

Fundamentals For Purchasing Professionals Organization of the VPPA l Article 2. 1 Prompt Payment

Fundamentals For Purchasing Professionals Organization of the VPPA l Article 2. 1 Prompt Payment Article 3 Remedies Ineligibilities, appeals, protests, stays of award, disputes, legal actions, alternative resolution, etc. l Article 4 Ethics Definitions, participation, gifts, disclosures, kickbacks, certifications, misrepresentations, penalties, etc. l

Fundamentals For Purchasing Professionals No public employee shall: ETHICS . . . have a

Fundamentals For Purchasing Professionals No public employee shall: ETHICS . . . have a business interest that conflicts with a public procurement. . solicit or accept gifts from bidders, offerors, contractors or subcontractors. Section 11 -80. Penalty for violation. "Willful violation of any portion of the Ethics Section of the Code constitutes a Class 1 misdemeanor. Upon conviction, any public employee in additional to any other penalty or fine imposed by law, shall forfeit his/her employment. "

Fundamentals For Purchasing Professionals VPPA Ethics Definitions (Sec. 11 -73) Official responsibility: "administrative or

Fundamentals For Purchasing Professionals VPPA Ethics Definitions (Sec. 11 -73) Official responsibility: "administrative or operating authority, whether intermediate or final, to initiate, approve, disapprove or otherwise affect a procurement transaction, or any claim resulting therefrom. " l Procurement transaction: "all functions that pertain to the obtaining of any goods, services, or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration. " l

Fundamentals For Purchasing Professionals VPPA Ethics Definitions (Sec. 11 -73) Public employee: "any person

Fundamentals For Purchasing Professionals VPPA Ethics Definitions (Sec. 11 -73) Public employee: "any person employed by a public body, including elected officials or appointed members of governing bodies. " l Immediate family: "a spouse, children, parents, brothers and sisters, and any other person living in the same household as the employee. *" l * Includes brothers and sisters outside the household

Fundamentals For Purchasing Professionals Dept. of General Services, Div. of Purchases and Supply (DGS/DPS)

Fundamentals For Purchasing Professionals Dept. of General Services, Div. of Purchases and Supply (DGS/DPS) l Role & Responsibility Central purchasing agency for all goods and nonprofessional services. l l Establish and publish rules and regulations l Standardize materials, equipment and supplies Establish criteria and procedure for operation of state-owned printing facilities l

Fundamentals For Purchasing Professionals DPS PROCUREMENT SUPPORT Assist with requirements planning l Provide service

Fundamentals For Purchasing Professionals DPS PROCUREMENT SUPPORT Assist with requirements planning l Provide service contracting assistance Develop specifications for solicitations l Manage contract administration/compliance l l l Process requisitions l Conduct post audit reviews l Develop master term contracts l Provide education activities l Serve as a source of supply Provide subject matter expertise l

Fundamentals For Purchasing Professionals General Delegation § Sec. 2. 1 -442 "The Division shall

Fundamentals For Purchasing Professionals General Delegation § Sec. 2. 1 -442 "The Division shall have authority to specifically exempt purchases below a stated amount or particular agencies or specified materials, equipment, nonprofessional services, supplies and printing. " l DPS Contracts. . Amount determined by contracts l Non-contract goods and printing. . . . $30, 000* ($5, 000) l Nonprofessional services. . . . . Unlimited l Mandatory Sources. . . Unlimited * Effective July 1, 1998

Fundamentals For Purchasing Professionals Agency Standards for Increased Delegated Procurement Authority 1. Organization Standards

Fundamentals For Purchasing Professionals Agency Standards for Increased Delegated Procurement Authority 1. Organization Standards l l Compliance Delegation Within An Agency Management Organizational Location 2. Purchasing Program Standards l l l Automation Contract Opportunities Contracted Purchasing Cooperative Procurements Purchasing Policies and Procedures. Virginia Business Opportunities (VBO) Advertising

Fundamentals For Purchasing Professionals Agency Standards for Increased Delegated Procurement Authority 3. Staffing Standards

Fundamentals For Purchasing Professionals Agency Standards for Increased Delegated Procurement Authority 3. Staffing Standards l l l Procurement Responsibility/Authority Procurement Staff Supervision 4. Professional Standards l l Ethics DPS Orientation 5. Training Standards l l l End-User Training Professional Associations Training Records VCO Certification

Fundamentals For Purchasing Professionals Agency Delegated Procurement Authority APSPM, Sec. 1. 6 l The

Fundamentals For Purchasing Professionals Agency Delegated Procurement Authority APSPM, Sec. 1. 6 l The general delegation threshold for the purchase of goods and printing is $30, 000 l Requirements for goods over $30, 000 shall be forwarded to DGS/DPS for processing l This does not affect those agencies having higher delegations specifically authorized by DGS/DPS l Agencies are authorized to contract for services up to any dollar amount, subject to laws, regs, the APSPM, and fiscal restraints

Fundamentals For Purchasing Professionals Agency Monitoring Responsibilities Agency heads have ultimate responsibility to ensure

Fundamentals For Purchasing Professionals Agency Monitoring Responsibilities Agency heads have ultimate responsibility to ensure that the acquisition of goods or services does not violate nor circumvent state law, executive orders, appropriations, regulations or the provisions of the APSPM. Each Agency must monitor purchasing activities to ensure: l Internal procedures are followed l transactions show the "who, what, when, where, how" l transaction files and records are properly documented

Fundamentals For Purchasing Professionals Agency Purchasing Office Role l Conduct purchasing in accordance with

Fundamentals For Purchasing Professionals Agency Purchasing Office Role l Conduct purchasing in accordance with APSPM and agency procedures l Coordinate activities with DPS l Establish user level of delegation l Develop internal procedures l Ensure code compliance with VPPA

Fundamentals For Purchasing Professionals Agency Purchasing Office Role l Monitor local internal delegated purchasing

Fundamentals For Purchasing Professionals Agency Purchasing Office Role l Monitor local internal delegated purchasing activity l Provide end-user training l Provide assistance with specifications l Procurement planning (identify sources of supply, contract management. , etc. )

Fundamentals For Purchasing Professionals Delegation to the End-User 1. DPS supports and advocates delegation

Fundamentals For Purchasing Professionals Delegation to the End-User 1. DPS supports and advocates delegation to end users 2. Authority may be limited through, or to: l Small Purchase Charge Card "SPCC" (AMEX) l Blanket Purchase Agreements (BPA) Contract/Non-contract items Specific commodities or services Limited dollar thresholds l l l

Fundamentals For Purchasing Professionals Delegation to the End-User "Decentralize transaction activity through centralized oversight

Fundamentals For Purchasing Professionals Delegation to the End-User "Decentralize transaction activity through centralized oversight using policy, procedural management" Robert F. Fothergill

Fundamentals For Purchasing Professionals Determine the Who, What, and How WHO? l l l

Fundamentals For Purchasing Professionals Determine the Who, What, and How WHO? l l l Who will oversee purchasing in work unit? Who will approve, authorize, and award? Who will process transactions? WHAT? l l l What type of authority is desired? Signature, thresholds, awards? What training is needed? End-user, AMEX, VCO. , NAPM, technical? What must be done to assure written procedures are clear? HOW? l How delegated; dept/division/cost center, etc. l How documented, i. e. requisitions, awards, receiving, approval for payment. l How does documentation flow, purchasing, receiving, accounting, etc.

Fundamentals For Purchasing Professionals END USER'S ROLE Be knowledgeable of the agency's procurement policies

Fundamentals For Purchasing Professionals END USER'S ROLE Be knowledgeable of the agency's procurement policies and procedures l l Identify needs Purchase goods and services as delegated by the purchasing office l l Develop specifications or solicitations for IFBs or RFPs l Administer contracts l Serve on an evaluation committees

Fundamentals For Purchasing Professionals PROCUREMENT PLANNING APSPM Ch. 4 ENSURES. . . l Right

Fundamentals For Purchasing Professionals PROCUREMENT PLANNING APSPM Ch. 4 ENSURES. . . l Right Quality l Right Quantity l Right Location l Right Time l Right Price

Fundamentals For Purchasing Professionals IDENTIFY NEEDS l Who? l Where? l What? l Why?

Fundamentals For Purchasing Professionals IDENTIFY NEEDS l Who? l Where? l What? l Why? l When? l How?

Fundamentals For Purchasing Professionals Planning Factors l Procurement & Delivery Lead Time Administrative lead

Fundamentals For Purchasing Professionals Planning Factors l Procurement & Delivery Lead Time Administrative lead time is the period of time from identification of need to award (30 -35 days) è Order/ship time is the period of time from award to delivery (30 -90 days) è l Licensing requirements l Pre-bid conference

Fundamentals For Purchasing Professionals Planning Factors l Product demos, samples, testing l Posting requirements

Fundamentals For Purchasing Professionals Planning Factors l Product demos, samples, testing l Posting requirements l Time required to develop specifications l Maintenance and warranty l Lease/Buy

Fundamentals For Purchasing Professionals Planning Factors l Alternative Product/Service (Surplus) l Repair or Replace

Fundamentals For Purchasing Professionals Planning Factors l Alternative Product/Service (Surplus) l Repair or Replace l Consolidation of requirements l Site prep l Privatization

Fundamentals For Purchasing Professionals Ongoing Procurement Planning l Project usage from past history l

Fundamentals For Purchasing Professionals Ongoing Procurement Planning l Project usage from past history l Establish contracts l Maintain vendor lists l Trends and market conditions l Vendor contacts

Fundamentals For Purchasing Professionals Virginia Business Opportunities (VBO) What is the VBO? Weekly subscription

Fundamentals For Purchasing Professionals Virginia Business Opportunities (VBO) What is the VBO? Weekly subscription bulletin of statewide bid opportunities published by DPS l l Available hardcopy or electronically APSPM 2. 34 & 3. 1 a(4)

Fundamentals For Purchasing Professionals Virginia Business Opportunities (VBO) What is the purpose of the

Fundamentals For Purchasing Professionals Virginia Business Opportunities (VBO) What is the purpose of the VBO? l. Assist all qualified vendors to have access to state business. Increase participation of small, women and minority-owned businesses in the state procurement process. l

Fundamentals For Purchasing Professionals Virginia Business Opportunities (VBO) Who are the subscribers? l Vendors

Fundamentals For Purchasing Professionals Virginia Business Opportunities (VBO) Who are the subscribers? l Vendors l State agencies/institutions

Fundamentals For Purchasing Professionals VBO Requirements Agencies/institutions are required to advertise solicitations estimated to

Fundamentals For Purchasing Professionals VBO Requirements Agencies/institutions are required to advertise solicitations estimated to be: Over $30, 000 (formerly $5, 000) for goods or services l Over $30, 000 (formerly $10, 000) for general highway construction and architectural and engineering services. l Political subdivisions and public school systems may advertise l Encouraged over $15, 000. . .

Fundamentals For Purchasing Professionals SWAM Requirements Increasing Small, Woman, and Minority-Owned Businesses: l Establish

Fundamentals For Purchasing Professionals SWAM Requirements Increasing Small, Woman, and Minority-Owned Businesses: l Establish internal procedures l Establish a list of vendors l Solicit SWAM businesses directly l Advertise solicitation less than $15, 000 in VBO

Fundamentals For Purchasing Professionals MANDATORY SOURCES APSPM 1. 4/1. 5 DGS/DPS State Contracts (section

Fundamentals For Purchasing Professionals MANDATORY SOURCES APSPM 1. 4/1. 5 DGS/DPS State Contracts (section 1. 4) Available from contract distribution center, (804) 786 -8873. l Dept. of Corrections (DOC) (Section 1. 5 a) Catalogs, VCE Customer Svc, (804) 674 -3760. l Dept. for the Visually Handicapped (DVH) (Section 1. 5 b) Mop heads and handles, mattresses, pillows, food handler caps, sweatshirts, writing instruments, latex gloves packaging, spices packaging, instant tea packaging, mailing services, and customer service representatives. (804) 295 -6034. l

Fundamentals For Purchasing Professionals MANDATORY SOURCES APSPM 1. 4/1. 5 l Dept. of Transportation

Fundamentals For Purchasing Professionals MANDATORY SOURCES APSPM 1. 4/1. 5 l Dept. of Transportation (VDOT) (Section 1. 5 d) Purchase of motor vehicles. (804) 786 -5179. l DGS/DPS Virginia Distribution Center (VDC) (Section 1. 5 e) Selected foods, food products, janitorial supplies, paper products. (804) 230 -7701. l Office of Graphic Communications (OGC) (Section 1. 5 f) Production of design services, desktop publishing, or prep. of camera-ready art that exceeds $750. (804) 371 -8358.

Fundamentals For Purchasing Professionals EXCEPTIONS TO MANDATORY SOURCES State contract does not meet minimum

Fundamentals For Purchasing Professionals EXCEPTIONS TO MANDATORY SOURCES State contract does not meet minimum needs of user. l Amount of purchase is less than minimum dollar amount specified by the specific contract. l

Fundamentals For Purchasing Professionals Surplus Property Mission l Re-utilize surplus property to save taxpayer

Fundamentals For Purchasing Professionals Surplus Property Mission l Re-utilize surplus property to save taxpayer money An investment recovery program to sell surplus property competitively to general public. l Reasons to consider surplus l Saves money l Conserves resources by stretching buying power Recycles manufactured goods saving natural resources, an act of environmental responsibility. l

Fundamentals For Purchasing Professionals Surplus Property Programs THE STATE SURPLUS PROGRAM The state surplus

Fundamentals For Purchasing Professionals Surplus Property Programs THE STATE SURPLUS PROGRAM The state surplus property program transfers property between agencies and sells property surplus to satisfy the needs of state agencies. The primary method of sale is though public auctions, with approximately 50 auctions conducted each year around Virginia. Just about everything the Commonwealth buys becomes surplus at some point. For more information (804) 236 -3666.

Fundamentals For Purchasing Professionals Surplus Property Programs THE FEDERAL SURPLUS PROGRAM Public agencies, certain

Fundamentals For Purchasing Professionals Surplus Property Programs THE FEDERAL SURPLUS PROGRAM Public agencies, certain non-profit organizations and state agencies may be eligible for this cost saving program. Determination of eligibility is defined by federal regulations. The program is governed under Public Law 94 -519 and the Virginia Plan of Operation. For more information call (804) 236 -3664.

Fundamentals For Purchasing Professionals Specifications Planning What are “specifications”? A concise statement of a

Fundamentals For Purchasing Professionals Specifications Planning What are “specifications”? A concise statement of a set of requirements to be satisfied by a product, materials or a process. Requirements should be measurable, and expressed numerically in terms of appropriate units - together with their limits. What does "practicable" mean? Something that is capable of being done or capable of being used for a specified purpose (practical is used to describe something that is sensible and worthwhile).

Fundamentals For Purchasing Professionals How is a specification established? Three important factors to be

Fundamentals For Purchasing Professionals How is a specification established? Three important factors to be considered: 1. User requirements 2. Budgetary considerations 3. Availability of the product or service.

Fundamentals For Purchasing Professionals Establishing a Set of Specifications l Look for prior procurements.

Fundamentals For Purchasing Professionals Establishing a Set of Specifications l Look for prior procurements. If a contract exists, review the file to determine if any modifications will be required for the new contract. l Gather documentation on: è existing product specifications è state of the art technology è floor plans è schematics

Fundamentals For Purchasing Professionals Establishing a Set of Specifications l Identify other sources: è

Fundamentals For Purchasing Professionals Establishing a Set of Specifications l Identify other sources: è è è DPS specifications library industry standards publications Other state agencies vendors

Fundamentals For Purchasing Professionals Develop Specifications Three characteristics of a specification: l Identify the

Fundamentals For Purchasing Professionals Develop Specifications Three characteristics of a specification: l Identify the minimum requirement l Allow for competition Establish a method for testing and inspecting. l

Fundamentals For Purchasing Professionals Develop Specifications Categories of Specifications l Generic l Brand Name

Fundamentals For Purchasing Professionals Develop Specifications Categories of Specifications l Generic l Brand Name or Equal l Proprietary

Fundamentals For Purchasing Professionals Specifications Checklist l Keep it simple, clear and concise l

Fundamentals For Purchasing Professionals Specifications Checklist l Keep it simple, clear and concise l Identify brand l Establish test/inspection l Set reasonable tolerances l Check for competition

Fundamentals For Purchasing Professionals Methods of Procurement Important Considerations: l 50% rule l Small

Fundamentals For Purchasing Professionals Methods of Procurement Important Considerations: l 50% rule l Small purchase procedures l Emergency procurement l Sole source procurement

Fundamentals For Purchasing Professionals Methods of Procurement 50% Rule Is it a goods or

Fundamentals For Purchasing Professionals Methods of Procurement 50% Rule Is it a goods or services procurement? l GOODS PROCUREMENT: If 50% or more of the estimated cost is to be spent on materials, supplies or equipment. l SERVICES PROCUREMENT: If the estimated cost for labor exceeds 50%.

Fundamentals For Purchasing Professionals Contract Pricing Arrangements l Firm Fixed Price. Use when the

Fundamentals For Purchasing Professionals Contract Pricing Arrangements l Firm Fixed Price. Use when the needs are known in advance. l Time and Materials. Use in situations when needs for labor and parts are unknown in advance. l Cost Plus. Illegal except in emergency affecting public health, safety or welfare.

Fundamentals For Purchasing Professionals Contractor License Requirements (APSPM 2. 9) l Construction contractor èClass

Fundamentals For Purchasing Professionals Contractor License Requirements (APSPM 2. 9) l Construction contractor èClass A License over $70, 000 èClass B License $7, 500 -70, 000 èClass C License $1, 000 -7, 500 l Other contractors (Asbestos, HAZMAT, Transportation, etc. ) l Insurance requirements Board of Contractors - (804) 367 - 8511/2785

Fundamentals For Purchasing Professionals Methods of Procurement Goods and nonprofessional services 1. Small Purchase

Fundamentals For Purchasing Professionals Methods of Procurement Goods and nonprofessional services 1. Small Purchase procedures (under $30, 000) l l AMEX - Verbal (retail terms, for MRO items under $5, 000 ($2, 000) Single quote - Verbal or fax. Under $5, 000 ($2, 000) Three quote - Verbal, Phone, Written, or Fax. $5, 000 to $15, 000 ($2, 000 - $5, 000) Unsealed Bid/Proposal - Four sources. Written or Fax. $15, 000 to $30, 000 ($5, 000 to $30, 000) 2. Emergency procurements 3. Sole source procurements 4. Formal sealed bid (IFB) or competitive negotiation (RFP) process (over $30, 000)

Fundamentals For Purchasing Professionals Small Purchase Procedures Goods and nonprofessional services Up to $5,

Fundamentals For Purchasing Professionals Small Purchase Procedures Goods and nonprofessional services Up to $5, 000…………………. . . Single quotations: l 1 verbal or telephonic, or l 1 written (letter, memo, facsimile, etc. ) From $5, 000 - $15, 000 …. Unsealed Competitive Bidding l 3 written, telephonic, or facsimile quotes l Award document (PO) issued

Fundamentals For Purchasing Professionals Small Purchase Procedures Goods and nonprofessional services From $15, 000

Fundamentals For Purchasing Professionals Small Purchase Procedures Goods and nonprofessional services From $15, 000 - $30, 000 Unsealed Competitive Bidding l Four valid sources solicited by facsimile or in writing l Advertise in VBO l Publicly post the solicitation l Bids received until opening date and time. Results may be tabulated on receipt. l Facsimile bids accepted l Award notice posted 10 days l Award document issued

Fundamentals For Purchasing Professionals Informal (Unsealed) Competitive Bidding or Requests for Proposal Solicitations must

Fundamentals For Purchasing Professionals Informal (Unsealed) Competitive Bidding or Requests for Proposal Solicitations must include: l Cover sheet General description of what is being sought l Factors and weights used in evaluations l General terms and conditions l Any special terms and conditions l Goods or nonprofessional services (between $15, 000 -$30, 000)

Fundamentals For Purchasing Professionals Informal (Unsealed) Competitive Bidding or Requests for Proposal Considerations: l

Fundamentals For Purchasing Professionals Informal (Unsealed) Competitive Bidding or Requests for Proposal Considerations: l l l Publicly post the solicitation Advertise in the VBO Buyer evaluates the proposals Buyer conducts negotiations Award posted Goods or nonprofessional services (between $15, 000 -$30, 000)

Fundamentals For Purchasing Professionals Formal (Sealed) Competitive Bidding (Over $30, 000) Invitations For Bid

Fundamentals For Purchasing Professionals Formal (Sealed) Competitive Bidding (Over $30, 000) Invitations For Bid (IFB) l Is the preferred method for acquiring goods and nonprofessional services for public use when the estimated cost is over $15, 000. l Precise specifications or scope-of-work can be determined and specified in a solicitation.

Fundamentals For Purchasing Professionals Formal (Sealed) Requests for Proposal (Over $30, 000) Competitive Negotiation

Fundamentals For Purchasing Professionals Formal (Sealed) Requests for Proposal (Over $30, 000) Competitive Negotiation (RFP) l Is used when it is not practicable or not fiscally advantageous to use competitive sealed bidding. l You can’t precisely determine requirements; specifications, services, or scope-of-work. Approval for use must be authorized by Agency Head and documented in file.

Fundamentals For Purchasing Professionals Emergency An occurrence of a serious and urgent nature that

Fundamentals For Purchasing Professionals Emergency An occurrence of a serious and urgent nature that demands immediate action: l to protect safety or property l operational emergency

Fundamentals For Purchasing Professionals Sole Source A sole source procurement. . . is authorized

Fundamentals For Purchasing Professionals Sole Source A sole source procurement. . . is authorized when there is only one source practicably available for the goods or services requiredl l 1 make/1 source

Fundamentals For Purchasing Professionals Proprietary Specification A proprietary procurement. . . is authorized when

Fundamentals For Purchasing Professionals Proprietary Specification A proprietary procurement. . . is authorized when the goods or services are available from more than one source. l l 1 make/more than one source Determination for use must be made in advance and made part of file

Fundamentals For Purchasing Professionals Where is your designated public posting area? (APSPM 2. 26)

Fundamentals For Purchasing Professionals Where is your designated public posting area? (APSPM 2. 26) Required for all solicitation and award actions over $15, 000 Notice of Award

Fundamentals For Purchasing Professionals Bid Evaluation/Award Considerations: l Responsive bidder: Did the vendor cross

Fundamentals For Purchasing Professionals Bid Evaluation/Award Considerations: l Responsive bidder: Did the vendor cross the "t's" and dot the "i's"? Responsible bidder: Is the vendor capable of doing the job? l l Specifications: Have they been met? l Price: Is the price reasonable?

Fundamentals For Purchasing Professionals Bid Evaluation/Award Pre-award Survey Regular dealer, supplier, or authorized dealer

Fundamentals For Purchasing Professionals Bid Evaluation/Award Pre-award Survey Regular dealer, supplier, or authorized dealer (if specified in solicitation) l l Have ability to comply with delivery/performance schedule l Have satisfactory record of performance and integrity Have necessary facilities, organization, experience, technical skills, or financial resources to fulfill terms l Determine responsibility

Fundamentals For Purchasing Professionals Evaluation/Award Evaluating bids Other Considerations: l Single response l Alternate

Fundamentals For Purchasing Professionals Evaluation/Award Evaluating bids Other Considerations: l Single response l Alternate Bid l Mistakes in Bids and Withdrawals APSPM 3. 1 b

Fundamentals For Purchasing Professionals Documenting the Solicitation and Contract File A purchasing file must

Fundamentals For Purchasing Professionals Documenting the Solicitation and Contract File A purchasing file must be established for all procurement transactions. l The file must contain a description of requirements, sources, copy of advertisement (newspaper, VBO) and method of evaluation and award. l Following award include; a copy of the signed contract or purchase order; comments on vendor performance; and any other pertinent information or action. l

Fundamentals For Purchasing Professionals Document Oral or Written Quotes Oral (face-to-face or telephone) or

Fundamentals For Purchasing Professionals Document Oral or Written Quotes Oral (face-to-face or telephone) or written quotes (letter, memo or fax) can be obtained up to $15, 000 ($5, 000). They are acceptable in lieu or written bids up to $5, 000. l Oral or written quote records must show item description or service offered, price quoted, delivery date(s), FOB point, names of persons giving and receiving prices, and date quote was obtained. l l Oral or written quotes must be included in the file

Fundamentals For Purchasing Professionals Modifying a Purchase Order or Contract Changes are authorized by

Fundamentals For Purchasing Professionals Modifying a Purchase Order or Contract Changes are authorized by appropriate buyer/contract officer l Changes to price, quantity, quality, delivery, or cancellation requires documented explanation. l Do not authorize contractor to proceed until changes are authorized. l Cumulative contract modifications to small purchases cannot exceed 25% of the original amount unless approved by agency head or designee (use PO change form or Contract Mod agreement). l

Fundamentals For Purchasing Professionals Modifying a Purchase Order or Contract 25% or $10, 000

Fundamentals For Purchasing Professionals Modifying a Purchase Order or Contract 25% or $10, 000 A public contract may include provisions for modification of the contract during performance, but no fixed-price contract may be increased by more than 25% of the original amount, or $10, 000 - whichever is greater - without the advance written approval of the Governor, or his designee (Code of Virginia, 11 -55). By executive order this is the Director, DPS.

Fundamentals For Purchasing Professionals Contract Administration/Compliance

Fundamentals For Purchasing Professionals Contract Administration/Compliance

Fundamentals For Purchasing Professionals Contract Administration/Compliance Definition: The management of all facets of a

Fundamentals For Purchasing Professionals Contract Administration/Compliance Definition: The management of all facets of a contract to assure that the Contractor’s performance is in accordance with the contractual commitments and that the obligations of the Contractor under the terms and conditions of the contract are fulfilled.

Fundamentals For Purchasing Professionals Monitoring Service Performance Contract Administrator Can: l Explain contract l

Fundamentals For Purchasing Professionals Monitoring Service Performance Contract Administrator Can: l Explain contract l Coordinate activities/review invoices l Inspect/evaluate progress l Coach by pointing out non-compliance l Stop unsafe, harmful, or illegal action l Initiate remedial action l Request contract modification

Fundamentals For Purchasing Professionals Contract Administration/Compliance Contract Administrator Cannot: l Cancel contract l Raise

Fundamentals For Purchasing Professionals Contract Administration/Compliance Contract Administrator Cannot: l Cancel contract l Raise or lower agreed requirements l Supervisor the vendor's personnel Responsibility of Contract Officer/Purchasing Office

Fundamentals For Purchasing Professionals Inspection and Acceptance of Goods l Loss/transit damage - 7

Fundamentals For Purchasing Professionals Inspection and Acceptance of Goods l Loss/transit damage - 7 days l Latent hidden defects - Not applicable

Fundamentals For Purchasing Professionals Assumptions l l l Vendor is responsible èCan do the

Fundamentals For Purchasing Professionals Assumptions l l l Vendor is responsible èCan do the job èPositive determination made Vendor has needed access before award (thru) èPrebid conference èInformal discussion èAccess to files/data Verify assumptions èThru contracting officer èInterviews with the vendor

Fundamentals For Purchasing Professionals NON - Assumptions l Vendor knows laws/policies l Vendors will

Fundamentals For Purchasing Professionals NON - Assumptions l Vendor knows laws/policies l Vendors will police themselves l Vendor remembers everything prior to award Previous vendor exited at the required level (assuming an existing contract) l l Expected standards exist

Fundamentals For Purchasing Professionals Filing complaints APSPM 9. 9 1. File immediately-when you determine

Fundamentals For Purchasing Professionals Filing complaints APSPM 9. 9 1. File immediately-when you determine the problem. 2. Be reasonable, but don't wait too long. DPS will: l l l investigate determine if non-compliance exists or negotiation is appropriate maintain a 2 - year history Gary Johnson Tel. (804) 786 -1602 Vendors can also file complaints!

Fundamentals For Purchasing Professionals Prompt Payment Act l 30 days from either receipt of

Fundamentals For Purchasing Professionals Prompt Payment Act l 30 days from either receipt of goods/services or invoice. l Must notify vendor in writing within 15 days of dispute Must pay amount not under dispute. Withholding pay cannot be used as a punitive measure. l Prime rate interest paid when agency is late more than (7) days after payment is due. l l Exception: when contract or law sets other terms.

Fundamentals For Purchasing Professionals OBJECTIVES: l Have a general understanding of the Virginia Public

Fundamentals For Purchasing Professionals OBJECTIVES: l Have a general understanding of the Virginia Public Procurement Act (VPPA). l Have an understanding of delegated authority and standards. l Know how to use the Agency Procurement and Surplus Property Manual (APSPM), DPS staff, and other resources as purchasing tools.

Fundamentals For Purchasing Professionals OBJECTIVES: l Understand end-user/customer needs, requirements, roles, and responsibilities. l

Fundamentals For Purchasing Professionals OBJECTIVES: l Understand end-user/customer needs, requirements, roles, and responsibilities. l Understand recognize appropriate purchasing procedures. l Recognize and understand basic procurement planning issues and exercise problem-solving skills to procure needed goods and services.

Effective Managers Are Not In Control If, in all of life, paradox is the

Effective Managers Are Not In Control If, in all of life, paradox is the rule and not the exception, as I believe it is, then the popular view of management as essentially a matter of gaining and exercising control is badly in need of correction. Management - based on techniques of control and manipulation, cannot succeed in matters of the absurd. But that does not mean the manager is lost. Only those who rely mainly on control are lost. In my experience, effective leaders and managers do not regard control as the main concern. Instead they approach situations sometimes as learners, sometimes as teachers, sometimes as both. They turn confusion into understanding. They see the bigger picture. They trust the wisdom of the group. Their strength is not in control alone, but in other qualities. . . passion, sensitivity, tenacity, patience, courage, firmness, enthusiasm, wonder.

Fundamentals For Purchasing Professionals Purchasing Resources l Virginia Procurement Pipeline http: //www. virginiabusiness. org/

Fundamentals For Purchasing Professionals Purchasing Resources l Virginia Procurement Pipeline http: //www. virginiabusiness. org/ l National Institute of Governmental Purchasing l Industry Net l http: //www. nigp. org/ http: //www. industry. net/ NAPM - Resources / Links http: //www. napm. org/public/over/resource. html? CFID=43778&CFTOKEN=24979 l Purchasing Magazine http: //www. manufacturing. net/magazine/purchasing/default. htm