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How To Respond To An IFB/RFP. Jan Giffin, CPPO, CPPB, VCO Clarence Wilson, CPPO, CPPB, VCO DGS/DP&S Procurement Management Account Executives. Intent of the Law. Acknowledge the intent of the law in all procurement procedures and behavior. VPPA § 2.2-4300 Declaration of Intent.
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How To Respond To An IFB/RFP Jan Giffin, CPPO, CPPB, VCO Clarence Wilson, CPPO, CPPB, VCO DGS/DP&S Procurement Management Account Executives
Intent of the Law Acknowledge the intent of the law in all procurement procedures and behavior. VPPA § 2.2-4300 Declaration of Intent
VPPA § 2.2-4300 Declaration of Intent § 2.2-4300 B. “The purpose of this chapter is to enunciate the public policies pertaining to governmental procurement from nongovernmental sources, to include governmental procurement that may or may not result in monetary consideration for either party….”
VPPA § 2.2-4300 Declaration of Intent Public bodies obtain high quality goods and services at reasonable cost. All procurements be conducted in a fair and impartial manner with avoidance of any impropriety or appearance of impropriety. All qualified vendors have access to public business. No offeror be arbitrarily or capriciously excluded. Competition be sought to the maximum feasible degree. Procurement procedures involve openness and administrative efficiency.
VPPA § 2.2-4300 Declaration of Intent - continued That individual public bodies enjoy broad flexibility in fashioning details of such competition. Rules governing contract awards be made clear in advance of the competition. Specifications reflect the needs of the purchasing body rather than being drawn to favor a particular vendor. The purchaser and the vendor freely exchange information concerning what is sought to be procured and what is offered.
Small Purchase Procedures VPPA allows public bodies to establish small purchase procedures, if adopted in writing, not requiring the use of competitive sealed bidding or competitive negotiation for single or term contracts not expected to exceed $50,000. Small purchase procedures shall provide for competition wherever practicable. For state agencies this is done by DGS/DPS in the APSPM. Agencies may develop internal procedures that may be more restrictive than the APSPM but NOT less restrictive.
Delegated Authority State Agencies have a general delegation of 50,000 - Goods & Printing* Unlimited – Services *Select state agencies have requested through DPS an increase in delegation for goods and/or printing varying from 100K to unlimited.
Delegated Authority Localities and Authorities Are governed by the Virginia Public Procurement Act (VPPA) Must adopt their own small purchase procedures in writing and are not governed by the Agency Procurement & Surplus Property Manual (APSPM)
Agency Procurement & Surplus Property Manual (APSPM) Preface The APSPM is published under the authority of Section 2.2-1111 of the Code of Virginia, and establishes the policies and procedures to be followed by State agencies and institutions in fulfilling procurement and related logistical responsibilities within their delegated limits.
Vendors Manual (VM) A Vendor’s Guide on How to do Business with the Commonwealth of Virginia The VM is published under the authority of Section 2.2-1111 of the Code of Virginia, and establishes the rules and regulations applicable to the purchase of nontechnology goods and nonprofessional services by the Commonwealth. Any vendor providing nontechnology goods or nonprofessional services to the Commonwealth should be familiar with this manual.
Vendors Manual (VM) It generally applies to all state procurements. Capital Outlay Construction is subject to the procedures of the Construction and Professional Services Manual (CPSM). Professional Services are defined by the Virginia Public Procurement Act (VPPA). Guidance for Information Technology procurements is issued by the Virginia Information Technologies Agency (VITA).
Purchasing Methods Competitive Sealed Bidding Competitive Sealed Bidding is accomplished by issuing an Invitation For Bids (IFB) Preferred Method of Contracting Competitive Negotiation Competitive Negotiation is accomplished by issuing a Request For Proposals (RFP) Must be justified in writing by the agency
Competitive Sealed Bidding It is the preferred method for acquiring goods, printing, and nonprofessional services for public use when the estimated cost is over $50,000.
Competitive Negotiation A method of purchasing goods and services, usually of a highly complex and technical nature whereby qualified individuals or firms are solicited by means of a Request for Proposals (RFP).
IFB & RFP Similarities Written requirements Scope of Work / Statement of Needs Specifications Bonds, Insurance, and Licensing requirements Conferences and/or Site Visits General Terms & Conditions Special Terms & Conditions
IFB & RFP Similarities Identify potential sources Include bidder solicitation list in file Advertise in VBO Written Addendum Late Responses Contract Award Contract Administration
IFB & RFP Differences IFB Definitive specifications Newspaper advertising NOT required Material requirements cannot be changed after IFB due date RFP General requirements Must be advertised in newspaper Negotiation allows for modification to requirements after RFP due date
IFB & RFP Differences IFB No Oral Presentations Evaluated based on price Award to lowest responsive & responsible bidder RFP May have Oral Presentations Evaluated based on criteria Award to best offeror based on negotiations
Responsive Bidder A person or firm who has submitted a bid which conforms in all material respects to the IFB (VPPA, §2.2-4301).
Responsible Bidder or Offeror A person or firm who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability which will assure good faith performance, and who has been prequalified, if required (VPPA, §2.2-4301).
Things To Lookout For Prequalification Requirements Mandatory Pre-bid/Pre-Proposal Conference Submission Requirements (i.e.. Vendor Data Sheets) Due Date & Time
Things To Lookout For Small Business Set-aside Requirements Small Business Sub-contracting Plan Requirements Signed Addendum Requirements SCC Registration Requirements
Things To Lookout For Proper Insurance Requirements eVA Registration Posting of Future Procurements in eVA
Other Resources eVA (www.eVA.virginia.gov) eVA Customer Care (eVACustomerCare@dgs.virginia.gov ) Department of Minority Business Enterprises (DMBE) Department of Business Assistance (DBA)