APRIL 3-6, 2013, LONG BEACH, CA

1. APRIL 3-6, 2013, LONG BEACH, CA Cooperative Purchasing Programs APRIL 3-6, 2013, LONG BEACH, CA

2. Cooperative Purchasing Programs • This material is presented by CASBO Southern Section Purchasing Professional Council as information for school districts, county offices of education, and community college districts. It has not been reviewed by State CASBO for approval, and therefore, is not an official statement of CASBO. • Content is provided for informational purposes only. All legal documents and opinions should be discussed and approved by the individual entity’s legal counsel. CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

3. Cooperative Purchasing Programs • Piggyback Bids • State Contracts • Cooperative Purchasing Groups CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

4. Piggyback Bids Definition of Piggybacking: A procedure of procuring materials, supplies or equipment by utilizing another public entity’s award of an Invitation to Bid or Request for Proposal. CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

5. Piggyback Bids Legal Basis for Piggybacking: Public Contract Code Section 20118 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

6. Piggyback Bids In order for a bid to be piggybackable: • The original bid by the awarding agency must contain a piggyback clause • The awarded vendor must agree that your agency can piggyback on the contract CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

7. Piggyback Bids Steps to follow for successfully participating (piggybacking) on another agency’s bid: • Contact the awarding agency and have them forward you a copy of their bid documents • Verify the Terms and Conditions meet your district’s requirements. • Verify the bid was advertised and awarded legally CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

8. Piggyback Bids Steps to follow for successfully participating (piggybacking) on another agency’s bid: • Verify the bid is still valid (check expiration date and possible contract renewals) • Verify that it’s in the best interest of your district • Take to your Board for approval CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

9. Piggyback Bids Other Considerations: - bonds - payment process - using a piggyback clause in your district’s bids - annual blanket board approval for use of piggyback bids and other cooperative purchasing contracts CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

10. Piggyback Bids Sample piggyback clause: Other school districts and public agencies may purchase under this bid at the same prices, terms and conditions stated in these bid documents, at the discretion of the successful bidder. Agencies participating in this bid shall be responsible for obtaining approval from their approving body of authority when necessary and shall hold the (School District/Public Entity Name) harmless from any disputes, disagreements or actions which may arise as a result of using this bid. The (School District/Public Entity Name) waives its right to receive payment, and authorizes each district to make payment and place orders directly to the successful bidder. CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

11. Piggyback Bids Pros: - time constraints - smaller districts - unfamiliar with product/technology Cons: - may get better deal with own bid CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

12. Piggyback Bids Can you piggyback on an RFP (Request for Proposal) for services? Can you piggyback on an E-Rate bid? Can you piggyback on a construction bid? CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

13. Piggyback Bids Can you purchase through a bid that was not done in your county or state? • CA Govt. Code 6500 defines “public agency” as including the federal government and other states/agencies • Check bid conditions for geographical limitations • Check with your own legal counsel and/or County Office of Education CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

14. State of California Contracts Legal Basis for utilizing State Contracts: Public Contract Code Sections 10298 and 10299 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

15. State of California Contracts State Contracts are also termed Leveraged Procurement Agreements (LPAs) State of California Procurement Division website for LPAs: http://www.dgs.ca.gov/pd/Programs/Leveraged.aspx CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

16. State of California Contracts Types of State Contracts: • California Multiple Award Schedule (CMAS) • Western States Contracting Alliance (WSCA) • Statewide Commodity Contracts CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

17. State of California Contracts California Multiple Award Schedule (CMAS) http://www.dgs.ca.gov/pd/Programs/Leveraged/CMAS.aspx • PCC 10298 and 10299 authorizes • Not competitively bid by State of CA, but based on a bid awarded on the Federal General Services Administration (GSA) schedule • Local agencies no longer pay fees to CMAS • Process to utilize a CMAS contract • Services excluded from the CMAS program CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

18. State of California Contracts Western States Contracting Alliance (WSCA) http://www.dgs.ca.gov/pd/Programs/Leveraged/wsca.aspx http://www.aboutwsca.org • Uses a “lead state” model in issuing cooperative solicitations • Available to all State of CA governmental entities • When searching for contracts, recommend using the State of CA DGS website, to ensure that CA has elected to participate in a particular contract CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

19. State of California Contracts Statewide Commodity Contracts http://www.dgs.ca.gov/pd/Programs/Leveraged/contracts.aspx • CA DGS Procurement Division administers contracts for use by State and Local government agencies • Contracts are developed through competitive bidding • Check each contract’s user instructions to determine if contract is available to local government agencies and if fees to DGS Procurement Division apply CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

20. Other Cooperative Purchasing Groups CalSAVE http://calsave.org http://www.aepacoop.org • Operated by Monterey County Office of Education • Provides competitive piggybackable bids for use by California K-12 education and other public agencies • Often utilizes AEPA bids (national organization) • Focus is on technology and instructional materials CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

21. Other Cooperative Purchasing Groups U.S. Communities http://www.uscommunities.org • Bids issued by Lead Public Agency on behalf of U.S. Communities and 90,000 public agencies • Bid solicitations are advertised nationally • Participating agencies must register with U.S. Communities • Wide variety of contracts available CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

22. Other Cooperative Purchasing Groups The Cooperative Purchasing Network (TCPN) http://www.tcpn.org • Bids issued by Lead Public Agency • Bid solicitations are advertised nationally • Participating agencies must participate via agreement with TCPN terms and conditions CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

23. Other Cooperative Purchasing Groups National Intergovernmental Purchasing Alliance Company (National IPA) http://nationalipa.org • Bids issued by Lead Public Agency • Agencies complete a participation form and are assigned an NIPA Participating Agency number CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

24. Cooperative Purchasing Programs Questions? Thank You! CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013