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Part 7 – Formal Procurement

Learn about formal procurement methods including sealed bids (IFB) and competitive proposals (RFP), definitions and processes.

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Part 7 – Formal Procurement

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  1. Part 7 – Formal Procurement Purchases over $150,000 or over the Organization’s Simplified Acquisition Threshold

  2. Federal Procurement Roadmap

  3. Definitions Solicitation – a document to procure • Clear, accurate description of technical requirements • Requirements to fulfill or factors used in evaluating • The document telling prospective sellers what is needed. Invitation for Bid (IFB) – is a type of solicitation document • Primary consideration is cost; • Publicized

  4. Definitions cont. Request for Proposal - is a type of solicitation document • Publicized • Negotiations are conducted • Used when conditions are not appropriate for sealed bids. Material change - is a change made to a contract after the contract has been awarded • alters the terms and conditions of the contract substantially • other respondents may have bid differently and more competitively.

  5. Definitions cont. Respondent – a vendor or bidder such as: • Commercial enterprise • Public or nonprofit private organization • individual Responsible – capable of performing successfully under the terms and conditions of the contract Responsive – will comply with the terms/conditions of contract without material change

  6. Formal Procurement methods Sealed bids - Invitation For Bid (IFB) OR Competitive proposals - Request for Proposal (RFP)

  7. Sealed Bids Invitation for Bid (IFB) 2 CFR 200.320(c)

  8. Sealed Bids (IFB) • Publicly solicited • Fixed price awarded to responsible bidder meeting all specifications and is lowest price • No significant difference among goods, products or services • Only difference is price • Negotiation is not used

  9. Sealed Bids (IFB) cont. • Clear & concise specifications • Minimum standards or conditions expected of bidder • Solicited from adequate number of known suppliers • Sufficient time to respond

  10. Sealed Bids (IFB) cont. • IFB advertised to public • Bids publicly opened • Award is publicly announced • Fixed price contract awarded • Responsible respondent bid • Conforms to all material terms & conditions • Lowest price

  11. When to use a Sealed Bid (IFB) Competitive Sealed Bidding Responsive Bids differ only in price More than one qualified source willing and able to compete Negotiation not used Complete specifications or product descriptions of products, goods and services

  12. What is awarded? • Firm fixed price contract – lowest responsive and responsible bidder • Any or all bids may be rejected if there is sound documented reason

  13. Sealed Bids Summary  Sought from adequate number of suppliers  Publicly advertised • Include any specifications and define the items or services  Opened at the time and place prescribed in the IFB • A firm fixed price contract award will be made in writing • Any or all bids may be rejected if there is a sound documented reason

  14. Example: Sealed Bid (IFB) • Vended Meal Services • 5000 suppers and 300 PM snacks monthly • Meet meal requirements and provide vegetarian options • Provide disposable dishes, utensils and napkins or provide delivery of dishware and pick-up for cleaning with each meal.

  15. Competitive Proposals Request For Proposals (RFP) 2 CFR 200.320(d)

  16. Competitive Proposals Competitive Proposals: • Use a Request for Proposals (RFP) • Technical proposal • Cost proposal • Must have full & open competition • No public opening required • Records must be kept

  17. Components of Competitive Proposal (RFP) • Requests for proposals must be publicized and identify all evaluation factors and their relative importance. • Any response to publicized requests for proposals must be considered to the maximum extent practical • More than one announcement method

  18. Methods of Announcement • Newspapers and trade periodicals • Designated internet sites • Direct mailings to known vendors • Other print media that serves the community

  19. Components of Competitive Proposal (RFP) • Proposals must be solicited from an adequate number of qualified sources • The non-Federal entity must have a written method for conducting • technical evaluations of the proposals received • for selecting recipients

  20. Competitive Proposals • Receipt of proposals is the first step not last step • Additional steps include • Clarification • Staff who understand: • How to establish criteria for technical & cost factors • How to negotiate • How to document differences among proposals

  21. Components of Competitive Proposal (RFP) Contracts must be awarded to the responsible firm • proposal is most advantageous to the program, with price and other factors considered

  22. Awarding the Contract • Submit “best and final offer” • Review technical proposal first • When remaining technical proposals meets needs, the Sponsor seeks to award contracts on basis of best overall value.

  23. What is Awarded? • Competitive Sealed Bid (IFB) results in a Fixed Price Contract only. • For Competitive Proposal, (RFP) the SFA must decide if their solicitation will result in a: • Fixed Price Contract • Cost Reimbursable Contract **The solicitation must clearly state what type of contract will be awarded**

  24. Summary – Competitive Proposals - RFP • Price not only factor • Receipt is first step not last step • Rank • Negotiate – need staff who understand: • Establish criteria for technical & cost • Evaluate criteria • Negotiate with bidders • Document differences among proposals

  25. Do I Use an IFB or RFP? Examples of when an IFB is needed: • Milk service and delivery • Janitorial services Example of when an RFP is needed: • Kitchen and food serving area remodel

  26. The Solicitation Document

  27. Elements of a Solicitation • General information and expectations • Information about the sponsoring agency • Contract type • Specifications of goods and services • Procedural issues • Technical Requirements • Evaluation criteria

  28. Solicitation Document General Information • disputes are handled, • invoicing is handled, • products specified are determined, • substitutes (if allowed) can be made, and • items unique to the contract will be identified

  29. Solicitation Document Cont. • Information about the sponsor • Type of procurement and resulting contract • Specifications of products, goods and services • Procedural issues

  30. Solicitation Document – Technical Requirements • Respondent’s responsibilities • Rebates • Substitutions • Price escalations • Common legalities • Code of conduct • Evaluation criteria

  31. Noncompetitive Proposals 2 CFR 200.320(f)

  32. Definition Noncompetitive Proposal – a method of procurement used when competition is determined inadequate

  33. When can Noncompetitive Proposals be used? • The item is available only from a single source • The public necessity or emergency for the requirement will not permit a delay • The Federal awarding agency authorizes noncompetitive proposals • Competition if determined inadequate

  34. Requirements • Approved by ODE CNP prior to award

  35. Recordkeeping Requirements

  36. Documents to Save • The solicitation document for the IFB or RFP • Documents showing where and when the IFB or RFP was publicly announce • Responses to the IFB or RFP • The scoring of the RFP • Documents showing any negotiations with responders to an RFP • Final contract

  37. Summary • Definitions • Sealed Bids – Invitation For Bid • Competitive Proposals – Request for Proposal • Elements in solicitation documents • Noncompetitive proposals • Recordkeeping Requirements

  38. Questions

  39. Resources Guidance for all federal awards has been boiled down into one document, “2 Code of Federal Regulations (CFR) Part 200”. Specifically 2 CFR 200.317- 2 CFR 200.326 provides the regulations on procurement standards. Procurement in the 21st Century

  40. USDA Non-Discrimination Statement In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA. Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.govThis institution is an equal opportunity provider.”

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