MS Department of Finance Administration DFA Public Procurement

MS Department of Finance & Administration (DFA) Public Procurement Review Board (PPRB) Office of Personal Service Contract Review (OPSCR) 1

OPSCR PPRB Purpose Promulgate rules and regulations governing the solicitation and selection of contractual services personnel including personal and professional service contracts. To ensure competition, fairness and transparency in the solicitation and award of contracts. 2

Composition of PPRB Ø DFA Executive Director, ex officio & Nonvoting Member Ø 3 appointees by the Governor Ø 2 appointees by the Lieutenant Governor Ø Staggered Terms – 19, 20, 21 Ø Chair, J. K. “Hoopy” Stringer, Jr. (elected) 3

PPRB Meetings Ø The PPRB meets the 1 st Wednesday of each month at 9: 00 a. m. Ø Meeting dates/times posted on the PPRB DFA website Ø Location for meetings: Woolfolk State Office Building, 501 North West Street, 1 st Floor, Room 145 Ø Monthly Agendas and Past Minutes posted to PPRB website. Ø Resources Tab: HB 1109 & Correspondence from PPRB 4

OPSCR Authority Effective January 1, 2018 Ø MSPB to DFA, PSCRB to PPRB and OPSCR, § 25 -9 -120 to § 27 -104 -7 & § 31 -7 -400 et seq. Mississippi Code Sections Ø § 27 -104 -7 PPRB ($75, 000 threshold, purview and exemptions) and Ø § 31 -7 -400 et seq. (RFP and RFQ solicitation procedure) Small Purchases Ø Purchases not exceeding $75, 000. 00 Ø Except Sole Source and Contract Workers Ø Total funds to be extended, shall neither be artificially divided nor shall the extent of the service required be underestimated 5

OPSCR Authority Exemptions Ø IT and Non-IT Commodities, Accountant, Auditor, Architect, Attorney (Legal Services), Engineer, Utility Rate Experts, Actuaries, MDOT, DCPS (limited), PERS (professionals), Agency with ONLY non-state service employees, IHL Inclusions Ø To regulate purchases of personal services (consulting, policy analysis, PR, marketing, public affairs, legislative advocacy (lobbyist)) Temporary Staffing, Janitorial, Linen/Laundry, Educational Testing, Waste Management, Transportation, Microfilming, Security, Advertising, Insurance and Food Services Ø To regulate purchases of professional services Nurses, Psychologists, Physicians, Psychiatrists, Dieticians, Lab Services, Medical Personnel, Pharmacists, Pilots, Therapist 6

Methods of Solicitation Ø Invitation for Bid (IFB) Ø Request for Proposals (RFP)* Ø Request for Qualifications (RFQ)* Ø Request for Applications (RFA) Ø Previously known as “Alternative Competitive Procurement for Contract Workers” Ø Emergency Ø Sole-Source Ø Preapproved Vendor Lists (PVL) Ø Small Purchases * RFPs and RFQs require prior approval from PPRB. 7

Petition for Relief Ø Petition for Relief from Competitive Bidding Ø Timelines: Must be submitted approximately 30 days before PPRB Meeting/Issuing Solicitation Ø Evaluation Factors Ø “shall include…the evaluation factors that will be used in reviewing the submitted proposals or qualifications. ” Ø “shall be approved by the PPRB in the same way that the decision to solicit procurements through a RFP or RFQ must be approved. ” Ø Must be in writing and signed by the agency head 8

RFP & RFQ Determine in writing IFB is not Practicable or Advantageous 9

RFP & RFQ In addition to determining whether practicable or advantageous, agency should also consider these factors: 10

What’s the difference between an IFB, RFP, RFQ and RFA? 11

Preferred Method of Soliciting Service Contracts Invitation for Bids (IFB) 12

Key Phases of an IFB Ø Public Notice (roadmap) Minimum Requirements for Bid Acceptance Ø Responsible and Responsive (Rejection/Disqualification) Ø Bid Evaluation Ø Math/Calculations Ø Award Ø Notification letters “Intent to Award” Ø Publish Intent to Award Ø Website and Procurement Portal Ø Ø Website (30 days) Ø Procurement Portal (30) Ø Newspaper (1 st 14 days, PUBLISHED TWICE) Ø Public Bid Opening Ø Location Ø Recorder Ø Attendance Log 13

Tentative IFB Timeline Ø Invitation for Bid Issue Date: February 12, 2018 Ø Internally document: NEWSPAPER submission dates Ø Internally document: Submission date to PPRB & PPRB meeting date Ø Questions and Requests for Clarification Deadline: February 27, 2018, 5: 00 PM CST Ø Anticipated Posting of Written Answers to Questions: March 6, 2018, 5: 00 PM CST Ø Bid Package Submission Deadline: March 19, 2018, 9: 00 AM CST Ø NOT MONDAY OR HOLIDAY Ø Bid Opening: March 19, 2018, 10: 00 AM CST Ø Anticipated Date of the Notice of Intent to Award: March 27, 2018, 5: 00 PM CST Ø Anticipated Post-Award Debriefing Request Due Date: March 30, 2018, 5: 00 PM CST Ø 3 BUSINESS days 14 Ø Anticipated Post-Award Debriefing Held By Date: April 3, 2018, 5: 00 PM CST

Bid Evaluation & Acceptance Ø The contract is to be awarded to the lowest responsive and responsible bidder. See Section 3 -202. 01(g) (Competitive Sealed Bidding, Award) of these regulations. Ø Minimum Requirements Ø During Responsible/Responsive Determination Ø BE CONSISTENT!!! Ø CONSULT WITH LEGAL!!!!!! Ø The Invitation for Bids shall set forth the requirements and criteria which will be used to determine the lowest responsive and responsible bidder. Ø No bids shall be evaluated for any requirement or criterion that is not disclosed in the Invitation for Bids. 15

RESPONSIVE vs Non-Responsive Non-Responsible RESPONSIBLE Ø Bid does not meet all Ø Bidder is not capable of the technical requirements of the solicitation Ø Page numbers Ø Failure to sign certification Ø Only 3 references provided or qualified to perform the work Ø Wrong equipment Ø Bad performance in the past (references) Ø Doesn’t have minimum experience required 16

IFB, RFP & RFQ PPRB OPSCR Rules and Regulations Advertised 30 days (portal/website) & in a newspaper? Do vendors attend opening? Changes to response after opening? Evaluation? Price evaluated? Discussions/ Negotiations? Award IFB 3 -202 RFP 3 -203 RFQ 3 -203 Yes Yes No No No Yes Price only Evaluation Factors Yes Depends * No Allowed ** Lowest price Highest evaluated response Most qualified response 17

Request for Proposals & Requests for Request Qualifications for Proposals: Competitive sealed proposals shall be solicited through a Request for Proposals Ø (hereinafter referred to as “RFP”). Offerors responding to the RFP must submit a Proposal. Ø Request for Qualifications: Competitive sealed qualifications shall be solicited through a Request for Qualifications (hereinafter referred to as “RFQ”). Offerors to the RFQ must submit a Qualifications Response. 18

Content of RFP and RFQ Ø Ø Ø a statement that discussions may be conducted with offerors who submit proposals and qualifications determined to be reasonably susceptible of being selected for award, but that proposals or qualifications may be accepted without such discussions a statement of when and how price should be submitted and the method through which a price will be determined in an RFQ; the order of importance of the evaluation criteria, either by the order listed, weights or some other manner A statement that the RFP or RFQ, its amendments, the offeror’s proposal or qualification and the Best and Final Offer shall constitute the contract. IFB Requirements 19

Evaluation Factors 20

Award of RFP and RFQ Ø Ø CREATE REPORT Ø rank offerors in order of evaluation; Ø recommend the selection of an offeror or offerors, as appropriate, for a contract; Ø be clear in the reasons why the offeror or offerors have been selected among others considered; and Ø detail the terms, conditions, scope of services, fees and other matters to be incorporated into the contract. PUBLISH REPORT Ø Publish a notice on the agency's website and the procurement portal Ø Summarizing the award of the contract, which shall include but not be limited to, Ø the nature, duration and amount of the contract, Ø the name of the offeror and Ø a statement that the contract is on file and available for public inspection 21 in the office of the Chief Procurement Officer. Written notice of award shall be sent to all offerors and copies of such notices shall be maintained in the Agency Procurement

Ø Request for Agency sets the pricing for a contract worker contract Applications or contracts Shall be publicized on the procurement portal and in either the legal notices or employment section of a newspaper The Ø Posting shall include: Ø The minimum qualifications for the contract worker position ØEstablished by the Agency Ø The term of the contract Ø The rate of pay Ø The deadline to submit applications Ø The manner for submitting applications Ø 22

Emergency Procurements Ø Agency Head Determination Ø Federal or State ER Declaration Ø Delay incident to undertaking a competitive procurement would threaten the health or safety of any person, or the preservation or protection of property Ø Made with such competition as is practicable under the circumstances Ø Problem Solving: Contact OPSCR Ø Less than 1 year (if need continues, issue procurement) Ø Submitted within 10 days of execution 23

Sole-Source Procurements Sole-source procurement is not permissible unless a service is available from only a single vendor. The determination as to whether a procurement shall be made as a sole-source shall be made and approved by the Agency Head. Ø In writing Ø Signed by the Agency Head Ø Maintained in the Agency Procurement File. Ø Two types of Sole Source Contracts Ø Binding Court Order Ø Publication Ø 24

Publication Ø Published on procurement portal website for at least fourteen (14) consecutive days Ø Publication of a sole-source award shall include, but is not limited to, the following information: Ø Contract Ø Explanation of why the personal or professional service is the only one that can meet the needs of the agency Ø Explanation of why the source is the only person or entity that can provide the required personal or professional service; Ø Fair market value Ø Instructions for filing objections pursuant to Section 3 -206. 05 (Objection to Sole Source Determination) with current contact information for the agency that published the proposed solesource contract and the PPRB. 25

Preapproved Vendor List Ø Mississippi Code Annotated § 27 -104 -7(2)(i) authorizes the PPRB to, “establish a preapproved list of providers of various personal and professional services for set prices with which state agencies may contract without bidding or prior approval from the [B]oard. ” The PPRB at its discretion may exercise its authority and establish preapproved vendor lists for use by entities under PPRB purview. 26

Preapproved Vendor List Competitively procured by IFBs issued by OPSCR Staff Ø Agencies issue their own contracts (template provided) with the vendors Ø Agencies are required to utilize the pricing on the PVL and limit the scope of work in accordance with the IFB Ø If the cumulative value exceeds the $75, 000 threshold, the contract will route to PPRB for “Staff Approval” Ø Ø http: //www. dfa. ms. gov/media/6415/temporary-staffing- services-pvl-exp-12312019. pdf 27

Contract Workers vs Independent Contractors BEHAVIORAL CONTROL Ø Instructions the business gives to the worker Ø Training the business gives to the worker FINANCIAL CONTROL Ø The extent to which the worker has unreimbursed business expenses Ø The extent of the worker’s investment Ø The extent to which the worker makes his or her services available to the relevant market Ø How the business pays the worker Ø The extent to which the worker can realize a profit or loss TYPE OF RELATIONSHIP Ø Written contract describing the relationship the parties intended to create. Ø Whether or not the business provides the worker with employee-type benefits, such as insurance, a pension plan, vacation pay, or sick pay. Ø The permanency of the relationship. Ø The extent to which services performed by the worker are a key aspect of the regular business of the company. 28

PERS Retiree If the selected worker is a PERS retiree, the agency must be in compliance with the obligations outlined for the employer in Mississippi Code Annotated § 2511 -127. Ø Must provide PERS Form 4 B Ø 29

DEBRIEFING Agencies are encouraged to exchange information with vendors in an effort to build and strengthen business relationships and improve the procurement process between vendors and the State. Ø Ø Ø Ø Included in solicitation (how and when- deadlines) Before Protest Deadline (3) business days of notification of anticipated award (3) business days after request (unless good cause) Before submission to PPRB (Memo) Meeting NOT hearing, legal representation NOT required Identify strengths and weaknesses of bid/proposal during meeting Ø Summarize evaluation and award 30

PROTESTS Any actual or prospective bidder (IFB) or offeror (RFP/RFQ) who is aggrieved in connection with the solicitation or award of a contract may protest Ø Included in solicitation and award letter (how and when- deadlines) Ø Submitted to CPO or OPSCR Director Ø Submit copy to OPSCR within 3 business days Ø Prefer resolution at agency level first (PPRB review is de novo) Ø In writing within seven (7) calendar days of the award or of the solicitation posting Ø Resolved before PPRB Agenda becomes public (week before meeting) Ø Stay award until resolution Protest Memo should be included in contract submission Internal agency procedure should be followed (create SOP) Resolution depends on issues raised in the protest Offer winning and other vendors opportunity to file Protective Order Ø Ø 31

Who has the authority to resolve a protest? Ø the Agency Head shall promptly issue a decision in writing. Ø state the reasons for the action taken Ø inform the protestor of the right to administrative review Ø Sustained vs Overruled Ø A copy of the decision shall be mailed or otherwise furnished in writing immediately to the protestor and any other interested party. Ø Best practice is to email: read/receipt 32

DEBRIEFING vs PROTESTS 33

OPSCR Contract Review Compliance with PPRB OPSCR Rules and Regulations Ø Ø Required statements in solicitation Ø Ø Minimum requirements for vendor Ø Ø Evaluation process Ø Ø Amendments, Questions/Answers and conferences Ø Ø Ø Advertising Requirements Ø Newspaper, Website, Transparency MS Ø Opening and Award Ø Winning bid/proposal Ø Evaluation Team and Score Ø Ø Ø Compliance with Solicitation Shall vs. May Scope of Work vs. Bid/Proposal Reference Scores Required Documentation Compliance with Contract Proposed Contract Clauses Renewal Terms Price Adjustments 34

Ø 1109 MAJOR CHANGES Reporting Requirements Ø Accountability, Efficiency and Transparency Ø Minutes, Sole Source, Emergency, Rule Changes, Procurement Representatives Ø Publication Requirements Ø 30 Days: Newspaper, Website & Portal Ø RFP/RFQ Evaluation Ø Committee, 35% Price, Conflict of Interest (Blind), Factors (3 Phases), Register of Proposals, 48 hours Before Anticipated Award 35

Office of Personal Service Contract Review Catoria Martin, Director (601)-359 -3422 Alicia Coleman Contract Analyst/Secondary Review (601)-359 -2796 Vergenia Coleman Contract Analyst (601)-359 -5203 Shandra Thompson Contract Analyst (601)-359 -3451 Lashonda Washington Contract Analyst (601)-359 -5226 Tenetra Walton Contract Analyst (601)-359 -9247 Victoria James Contract Analyst 601 -359 -6580 36