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Procurement Policy Council Meeting - November 5, 2009

This is the agenda for the Procurement Policy Council Meeting on November 5, 2009. Topics discussed include contract compliance, materials update, services update, procurement updates, legal matters, supplier outreach, training, savings status, and more.

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Procurement Policy Council Meeting - November 5, 2009

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  1. Procurement Policy Council Meeting November 5, 2009

  2. Agenda • BMWBO –Gayle Nuppnau • Contract Compliance – Charlie Poticher • Materials Update – Walter Quade, Jim Pinci & Paul Wolf • Services Update – Tom DiMartile, Dennis Fellin • Other Procurement Updates – Cheryl Kleeman, Susan Rojas , Pam Shady • Legal – Chuck Anderson • Supplier Outreach – Mike Starr • Training – Jeff Mandel • Savings Status – Jeff Mandel • NASPO Cronin Award – Janice Pistor Appendices: A – Request Form B – Performance Metrics

  3. BMWBO • Where we are now • New RFP DB language • Section III • criteria for selection • highest scoring technical • Scoring of IT/ITQ's • Small Business Reserves (SBR's)

  4. DB Language • New RFP template • Sections I-13, II-9 • Self certifying • Percentages

  5. Criteria for Selection Part III Vendors not meeting 70% requirement don't move onto DB • Rescore Disadvantaged Business • Email Steve Nedimyer: snedimyer@state.pa.us • Technical Scoring • DB scores

  6. BMWBO Scoring Sheet

  7. BMWBO Scoring

  8. CC Program Authority DGS Procurement Handbook Part 1 Policies: Chapters 3, 20 & 43 Nondiscrimination clause in all contracts STD-21 to all contractors above thresholds Part 2 Supplies: Chapters 4, 5 & 7 Part 3 Services: Chapters 2, 4, 5 & 8 Part 4 Construction: Chapters 5 & 7 Exec Order 2006-2, Mgt. Dir. 215.16 CC Manual Ensure CC on contractors & grantees Report CC activity and CC Plan

  9. Initiator Role & Responsibility Identify qualifying contracts for STD-21s Obtain preliminary data for input Edit preliminary data Troubleshoot common issues: Resend Undeliverable email Answer contract related Qs Refer CC Qs to CC staff Right to Know Law impact on CC Program

  10. CC Staff Role & Responsibility Track STD-21, STD-26 and ensure receipt Analyze STD-21 data in application, STD-28 Inform contractor/grantee of CC utilization Use CC online resources CC Audits List Reports Calendar Training Modules Manual Prepare CC Plan & reports, including STD-25 Provide technical assistance and referrals

  11. IT\ITQ's • $0 - $50,000 • No DB program • $50,001 - $250,000 • Expedited process • BMWBO does not score • $250,001 and over • BMWBO scores all RFQ's

  12. Small Business Reserves (SBR's) Small Business Reserve Program To allow small businesses to bid without competing with larger more established businesses and to increase economic opportunities for small businesses, including minority and women-owned small businesses. • Independently owned and not dominant in its field of operation • Contractor employs no more than 100 persons • Full-time/full time equivalent • Contractor <$20 M in gross ann. rev. in each of its last two fiscal years ($25M for those businesses in IT) • Pilot program • Fire extinguisher • 10 vendors submitted • Non-Medical Transport • 7 vendors submitted

  13. Materials Contract Update

  14. Materials Contract Update

  15. Materials New Solicitations

  16. Dilution Control Contract Issues • We are continuing to experience concerns regarding the recent second bid for Dilution Control Chemicals. • We are currently operating under an emergency extension of the old contracts and plan to continue to do so until these concerns are remedied and a contract is awarded.

  17. Staples Printer Ink Cartridges • We have received a number of complaints regarding the current replacement ink cartridges being supplied by Staples. • We investigated these issues and found them to be specifically linked to the 5500 series. • Our QA Division along with our Associate Commodity Manager are contacting the various users to find if the issue goes beyond this series. • In the meantime we are not supplying their off-market product and have restricted them on the web-site.

  18. Electricity Bidding Results for PPL Service Areas • Estimated Increases • 30% for residential customers • 18% for small C&I accounts • 36% for mid-size C&I accounts • Fixed rates for large C&I accounts (single auction) • $0.0920 for LP-4 accounts • $0.0895 for LP-5 and LP-6 accounts

  19. Commonwealth Electricity Bidding Results • We conducted our first Bidding Event on the 27th of October for Larger Accounts. • We found that on the 11 LP 4, LP6, GS-3 Accounts the awarded bid price averaged 20% under the previously mentioned Default prices. • Our next bidding event is scheduled for November 4th and is for LP 4, LP 6, GS 3, GS 4 and standard consumption meters.

  20. Pending Procurements - Services

  21. Understanding 70% RFP Evaluation • Part I Chapter 6 Methods of Awarding Contracts • “In order for a proposal to be considered for selection for BAFO or selection for contract negotiations, the total score for the technical submittal of the proposal must be greater than or equal to 70% of the highest scoring technical submittal.” • Establishes a preliminary failing grade prior to inclusion of cost and DB scoring. • CWOPA always reserves the right to reject proposals/proposers determined to be not responsible.

  22. Understanding 70% RFP Evaluation • Example: • Technical Score based on 500 points/ 3 proposals/ 3 scorers

  23. 3rd Party IT Maintenance • PCs & Monitors • Prior 3rd Party Contract bundled PC & Monitor as single unit • Service for only 1 year • New 3rd Party contract separates PCs and Monitors into 2 distinct categories • On-site service for 4 years • PCs and Monitors on 3rd party contract that are 4 years old. • PCs are $15.12/year and LCD monitors are $14.07/year. • Failure rate for flat panel monitors, 4+years: 1.88% 4357 CRTs 8278 LCDs • DGS recommendation: Do not put 4-year-old monitors on 3rd party contract.

  24. 3rd Party IT Maintenance • Use of Remedy is going well as first line of ticket submission • All agencies are implemented • Hats off to our OA Remedy team for a job well done • Please note next slide and ensure your agency is in compliance

  25. 3rd Party IT Maintenance • Service Calls to Pomeroy for IT Hardware Maintenance • Email: October 08, 2009 To: OA-Remedy AMA; OA-Enterprise Help Desk Management: • Effective Thursday, October 22, 2009, all service calls to Pomeroy for IT hardware maintenance must be submitted thru a Remedy Help Desk ticket.  The OA Remedy Team needs each agency to: 1.      Identify a central point(s) to perform this function 2.      Develop an internal procedure for this function 3.      Inform all agency personnel of the procedure • In addition, each agency must identify to the OA Remedy team via resource account Agency Enterprise Help Desk OR  OA, Agency Enterprise Asset Mgmt  all agency staff who will need to perform this function.  (Generic accounts do not have the ability to perform this function; therefore people must be identified to be set up in Remedy to use the standard interface to submit help desk tickets.)  This list of staff will be updated and/or added to ensure proper permissions are established for this new process.  We need this information by COB, Thursday, October 15, 2009 at the latest. • A second notice was sent on, October 14, 2009

  26. IT ITQ • IT/ITQ Website • Fully operational • http://www.itqrp.state.pa.us/ITQ/ITQ/Default.aspx • Totally electronic for suppliers • Suppliers can update information as necessary • Viewable by agencies • Agency Role • Document Library (choose correctly) • Soon to be other ITQs for Training and Aggregate • In IT folder, instructions and templates • Note: New posting requirements • Search Suppliers • For now you must view data base in search suppliers and in the Document Library for “grandfathered” suppliers • Viewable for easy use. Last update viewable. • Agency Roles: Need to know, from each agency who will need admin rights for ITQ website. DGS recommends someone from agency IT/Procurement. Contact Don Bauer to ensure correct permissions are obtained. • dbauer@state.pa.us or by phone @ 717-787-4719

  27. IT ITQ Document Library

  28. Search Suppliers

  29. Current Enterprise IT Procurements • IT Staff Augmentation • RFP is posted on eMarketplace • Responses due on NOV 13, 2009 • Much interest shown by both suppliers and other states • Software • Draft RFP will be presented to the team in early November • Proposed schedule: • 12/1/2009: RFP release • 1/12/2010: Proposals due from suppliers • 4/15/2010: Contract executed to become valid on 6/30/2010 • Much interest shown by both suppliers and other states

  30. Procurement Handbook • Revision schedule • Quarterly • Begins November 2, 2009 • February, May & August • New look • Adobe .pdf documents • Print & download • Search capability on all sections http://www.portal.state.pa.us/portal/server.pt/community/procurement_handbook/14304

  31. Procurement Handbook Part I Policies & Guidelines • Chapter 2, Definitions • Definition of Small Business was revised. • “A business in the United States . . . employs no more than 100 full-time or full-time equivalent employees, . . .”businesses in the information technology sales or service business) • Chapter 12, Agency Construction in Leased Facilities • New Chapter name: Real Estate Leases • Old Section A, B & C are now identified as Section C., C.1., C.2., & C.3. • New Section A and B were added • Additional details covered in separate slide • Chapter 14, Contractor Responsibility • Content changes made to entire chapter • Details covered in separate slide

  32. Procurement Handbook • Chapter 25, Maintenance of Commonwealth-Owned Automobiles • Added PA Turnpike Commission as an exception to the policy • Term vendor replaced with supplier • Prequalification process is now qualification process • Agencies are required to obtain approval of Bureau of Vehicle Management (BVM) prior to commencement of repairs • Regardless of dollar value • All repairs at any one time and within a 20-mile radius of the Commonwealth Garage must be completed by BVM • Repairs performed at Commonwealth Garage do not require prior approval Part I Policies & Guidelines • Chapter 28, Cooperative Purchasing (Including Purchasing From GSA Schedules) • New chapter • Form BOP-005, Agency Request for Review of Purchase from Federal Cooperative Purchasing Agreement • Federal Surplus Property Program Flow Chart • GSA Program Purchases Flow Chart • Counterdrug Program (1122) Flow Chart

  33. Federal Surplus Property Program

  34. GSA Program Purchases

  35. Counterdrug Program (1122)

  36. Procurement Handbook • Chapter 31, Contract Signatures • Typographical correction. Section C.3.d - in the first sentence the word under was replaced with over Part I Policies & Guidelines • Chapter 47, Reciprocal Limitations Act • Section A, the words “Commonwealth Procurement Code” were added. • Section B.2. the first sentence was revised • Section G.4. was revised • A new document created and referenced, Lists of States Applying A Bidding Preference • Chapter 57, Contractor Performance & Legal Remedies • Content changes made to entire chapter • Chapter 60, Employee Ethics • Content changes made to entire chapter

  37. Procurement Handbook Part II Procurement of Supplies Procedures • Chapter 11,Purchase of Materials Manufactured or Services Performed by Persons with Disabilities • Section B.3. removed the obsolete PIBH contract number and replaced with “the statewide contracts with PIBH” • The name PA Industries for the Blind and Handicapped was replaced with their acronym PIBH Part III Procurement of Services Procedures • Chapter 17, Purchase Requisitions Estimate Corrections • The SAP R/3 references were removed throughout • Section A and the chapter title were revised due to the removal of SAP R/3 references Part IV Procurement of Design & Construction Services • No changes

  38. Records Management (RM) Records Management Pilot • Agencies: BOP and Fish & Boat Commission • Went live: August 10, 2009 • Two Issues: • Attachments created in Microsoft Office 2007 • Existing attachments open in separate window • Procedure developed to correct • One time action • Fix effective November 9, 2009 • Versioning process • Cannot rename attachments when maintaining versions • Policy changed and procedure developed Full implementation • Go live November 16, 2009

  39. XML & ERS Reconciliation Process • Two Issues: • Blocks against XML Invoices will not show up in Agency Invoice Reconcilers workflow • Blocked XML invoices are not being monitored • ERS POs are not being monitored for GR entry • No GR, no payment • Agency Responsibility • Reconciliation of blocked XML invoices • Monitor ERS POs for entry of GRs • Designate responsible person(s) • Invoice Reconciler • Actions required: • DGS to update Line Item Reconciler Course (in process) • Provide updated material to those who have already taken the course • Development of new BI report to monitor ERS GR entry (in process) • Send official notification to agencies

  40. Doc Builder – Support Pack Changes Doc Builder – Stand Alone Mode When “Document Summary” tab is selected, clauses may not appear To display clauses, select “Position” down arrow

  41. Doc Builder – Support Pack Changes Doc Builder via SRM • If clauses do not appear when selecting “Utilities”, select “Expand List” • Select “Position” down arrow to bring in additional clauses

  42. Doc Builder – Status • Activity since July 29, 2009 PPC Meeting • Disadvantaged Business language revised • HIPPA/Sensitive Information language revised • Right to Know Law language corrected/updated • Construction/Prevailing Wage language revised • Federal Funding language corrected • Electronic Proposal language corrected • Current Activity • Doc Builder guidance document completed • Guidance document published on DGS portal • Use Doc Builder for RFPs

  43. Non SRM Bidding Survey • DGS BOP agency survey • Agency bids in R3 • Agency utilization of MRP or Market Based Pricing • Information evaluated • Ramifications • Recommendations • Notification of results

  44. Legal – Real Estate Leases • Chapter 12, Agency Construction in Leased Facilities • New name: Real Estate Leases • New Section A. General • The policies, procedures and guidelines of this handbook do not apply to the solicitation and award of leases of real estate, including but not limited to leases of office for use by Commonwealth employees. • New Section B. Space Requirements in Service Contracts • Section C. Agency Construction in Leased Facilities • Section C.1. General • Section C.2. Landlord’s Permission • Section C.3. Requirements and Procedures

  45. Legal – Contractor Responsibility The major additions/revisions to the Contractor Integrity Provisions are: Restatement of ethics policy announced in the COPA Procurement Code. Prohibit contractors and its employees from influencing or attempt to influence, any COPA employee to breach the standards of ethical conduct set forth in law or published policy. Prohibit contractors and their employees from giving or promising to give any gratuity to a COPA officer, employee or to any other person, the acceptance of which would violate Governor’s Code of Conduct Executive Order 1980-18, 4 Pa. Code §7.151 et seq. Forbid contractors from disclosing to others any documents, reports, data, or records provided to, or prepared by, Contractor under this contract without the prior written approval of COPA, except as required by applicable law. Require contractors to certify they have not been officially notified of, charged with, convicted of, or officially notified of a governmental determination of any of debarment, violation of certain laws or commission of certain crimes and agrees to immediately notify COPA contracting officer in writing if and when it has been officially notified of, charged with, convicted of, or officially notified of such a governmental determination. New provisions also give COPA the right, in its sole discretion, to terminate contract for cause upon such notification or when COPA otherwise learns that Contractor has been officially notified, charged, or convicted. Remind contractor, that if the contract was awarded on a non-bid basis, it must, (as required by Section 1641 of the Pennsylvania Election Code) file a report of political contributions with Secretary of the Commonwealth on or before February 15 of the next calendar year. Remind contractor of its statutory obligation to comply with requirements of Lobbying Disclosure Act, 65 Pa.C.S. § 13A01 et seq., and regulations promulgated pursuant to that law.

  46. Contracts for Moving Commonwealth Property • OB revising MD 625.3 so that it applies only to reimbursement to COPA employees for moving costs.  • Numerous agencies have been using this directive for guidance on how to move COPA property from one building to another.  • Since the relocation of COPA property is a service, it is subject to the Procurement Code requirements and DGS Procurement Handbook policy.  • Using the directive as their authority, agencies have been procuring relocation services: without complying with Code and Handbook requirements; without a formal written contract (the “agreement” is the Commonwealth approvals on the STD-277, Request For Approval of Moving Expenses); without approval by a COPA attorney; and without required terms and conditions. • The contract that should be utilized for moving COPA property is: • Moving Services Parent Number 4400006249 • Children Contracts : 4400006250 Matheson Transfer, Inc. 4400006251 George Weaver & Son 4400006252 Debo Moving & Storage Questions about this contract may be directed to Wanda Bowers @ 717-346-3840 or by emailing: wbowers@state.pa.us

  47. Legal - Award Recommendation Letters • Upon completion of the negotiations, the contract document will be prepared for signatures.  • All contracts require the approval of the Agency Head, and Agency Legal.  • Contracts resulting from RFPs not created through SRM DOC Bldr or that contain non-std negotiated T & C’s require the approval of the Comptroller, OGC and AG. Issuing Officer Responsibility:  • Prepare contract & send to selected Offeror for signature. • Input Contract in SRM for electronic approval by COPA. • Circulate paper contract for COPA approval signatures, if not in SRM. • Send fully-executed contract to the Selected Offeror. • Following should occur when the COPA receives signed, negotiated contract from selected offeror and it is ready for COPA signature/approvals:  • Start the COPA execution/approval process • Send out Notice of Non-Award letters to unsuccessful offerors • Post signed Recommendation for Selection Memo to Awards section of eMarketplace • Schedule any requested debriefings promptly • Only if a specific request is made under the RTKL, release unsuccessful and  the successful proposals (redacted) and copy of the final contract (redacted; at this point only signed by the vendor) • Contract (generally incorporating the successful proposal) once fully approved by COPA is then posted on eMarketplace and Treasury's website.  • If paper contract executed, provide copies to Agency Comptroller, and Treasury Dept, if applicable.

  48. Legal - Award Recommendation Letters Award Recommendation letters are required to be posted on the Awards section of eMarketplace The template can be found: RFP Template: http://www.dgsweb.state.pa.us/comod/CurrentForms/RequestforProposals.doc RFP Playbook Link: http://www.dgsweb.state.pa.us/comod/RFPPlaybook/RFPPlaybook.doc Direct Link to document in RFP Playbook Recommendation for Contractor Selection Memorandum (Sample Letter)

  49. Supplier Outreach Supplier Development and Outreach To Recap Our Mission: • Supplier Education and Training on Commonwealth Procurement Policies and Practices • Build Strategic Alliances • Attend / Facilitate Workshops • Partner with Legislators, Agencies and Trade Associations

  50. Supplier Outreach Where we are today: • Updated online registration and bidding guides • Development of NEW “Procurement Guide” • Supplier welcome folder with updated “pocket” versions of the registration and bidding guides • Communication to the Legislature • Several meetings with the General Assembly to educate and assist their constituents • Attendance at workshops and trade shows sponsored by NEPA PTAC, Congressional Districts, Commonwealth Facilities Mgmt., Women owned Small Business and more

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