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APSPM and Vendors Manual Review

APSPM and Vendors Manual Review . Presented by Keith Gagnon and Dennis Blackwell Procurement Management Account Executives DGS/DPS. Session Purpose and Scope. To review the changes to the Agency Procurement and Surplus Property Manual To review the changes to the Vendors Manual

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APSPM and Vendors Manual Review

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  1. APSPM and Vendors Manual Review Presented by Keith Gagnon and Dennis Blackwell Procurement Management Account Executives DGS/DPS

  2. Session Purpose and Scope • To review the changes to the Agency Procurement and Surplus Property Manual • To review the changes to the Vendors Manual • Will cover changes since last Forum • PIM 23 (December 7, 2007) • PIM 24 (July 1, 2008)

  3. APSPM Chapter 1 Changes • 1 (PIM 24) Adds a sentence to last paragraph to clarify that PIMs affect solicitations issued on or after the effective date of the PIM. • 1.1 (PIM 23) Expands guidance on the responsibility of state agencies and institutions to comply with the Code of Virginia which includes that intentional violations by any using agency, continued after notice from the Governor to desist, shall constitute malfeasance in office, and shall subject the officer responsible for violation to suspension or removal from office, as may be provided by law in other cases of malfeasance. Additionally, the state comptroller shall not issue any warrant upon any voucher issued by any using agency covering the purchase of any material, equipment or supplies, when such purchases are made in violation of any provision of the Code. Contracts signed by individuals without authority to do so and/or contracts in violation of the VPPA or regulations promulgated by DGS/DPS are considered void. Individuals awarding such contracts may be held personally liable for payment to the contractor.

  4. APSPM Chapter 2 Changes • 2.1 c (2) (PIM 24) Updates contact information and code cites for DBVI Business Enterprises and replaces the words “issue a waiver” in item (d) with the words “decline the opportunity.” • 2.1 h (PIM 24) Replaces reference to form “CP-15” with reference to form “OFMS-1,” updates Office of Fleet Management web address, and adds language stating “OFMS approval of a form OFMS - 1 to purchase a vehicle does not constitute a waiver of purchasing procedures set forth in this manual or the Code of Virginia.”

  5. APSPM Chapter 3 Changes • 3.14 c. (PIM 23) In accordance with the Governor’s Executive Order 48, requires agencies to purchase only recycled paper for use in office machines except where equipment limitations preclude the use of recycled paper. • 3.14 g. (PIM 23) In accordance with the Governor’s Executive Order 48, requires state agencies to purchase or lease Energy Star or equivalent rated appliances and equipment for all classifications for which and Energy Star or equivalent rating is available.

  6. APSPM Chapter 3 Changes (Cont) • 3.17 h (PIM 24) Adds item to clarify that unsealed bid and unsealed proposal records shall be open to the inspection of any citizen, or any interested person, firm or corporation only after award of the contract. • 3.19 (PIM 23) Updates the DGS contact for information on recycled goods. The phone number is 804-786-0103. • 3.19 (PIM 24) Corrects code cite.

  7. APSPM Chapter 3 Changes (Cont) • 3.22 f (PIM 24) Adds section to clarify that vendor sponsorships of conferences and other events must comply with the 2008 Appropriation Act, 4-2.01.a. • 3.22 g (PIM 24) Adds section to clarify that gift prohibition includes distributions at vendor expos. • 3.27 (PIM 24) Adds new section to give guidance on safeguarding personally identifiable information.

  8. APSPM Chapter 4 Changes • 4.3 e (PIM 24) Adds sentence to allow agencies to permit videoconference attendance for optional prebid/preproposal conferences. • 4.4 b (PIM 24) The word “equal” is replaced with “equivalent” to clarify what other goods may be considered when a brand name is used in a specification. A sentence is added suggesting listing salient characteristics when using brand names or equivalent specifications. • 4.21 (PIM 23) Deletes sentence on procurements involving both professional and nonprofessional services that stated the procedure shall be determined by which service predominates in the solicitation. • 4.22 (PIM 23) Adds an economist procured by the State Corporation Commission to the list of professional services.

  9. APSPM Chapter 4 Changes (Cont) • 4.23 a. (PIM 23) Deletes sentence referencing guidelines for professional services. Directs agencies to obtain specific guidance from the appropriate agency/division such as DGS/Division of Engineering and Buildings for services such as architecture, professional engineering, landscape architecture, land surveying and the Attorney General’s Office for legal services. A website link is provided for the Construction and Professional Services Manual, issued by DGS/Division of Engineering and Buildings. • 4.23 b. (PIM 23) Adds an economist procured by the State Corporation Commission to the list of professional services. Deletes sentence referencing guidance on professional and nonprofessional services contained in section 4.21. • 4.23 c. (PIM 23) Changes to advise that agencies should contact the Attorney General’s Office for legal services. • 4.23 d. (PIM 23) Deletes reference to 4.23 e. and references the Code of Virginia regarding competitive negotiation for procurement of professional services. • 4.23 e. (PIM 23) Clarifies that the small purchase threshold for the procurement of professional services is $30,000 and that professional services shall be procured in accordance with the Code of Virginia, § 2.2-4303H. Additionally, architectural, landscape architectural, land surveying, and professional engineering services shall be purchased in accordance with the Construction and Professional Services Manual.

  10. APSPM Chapter 4 Changes (Cont) • 4.24 a. (2) (PIM 23) Provides definition of “capital project” which updates the term and definition known as “capital outlay project.” “Capital project” is further defined in the Construction and Professional Services Manual. • 4.24 c. (2) (PIM 23) Deletes additional guidance on determining architectural and engineering services and what procurement method should be used. The Construction and Professional Services Manual provides instructions. • 4.24 c. (3) (PIM 23) Provides additional information on determining which manual (the APSPM or the Construction and Professional Services Manual) and corresponding procedures to use for construction procurements. Construction procurements for work that does not require issuance of a building permit, either by DEB/BCOM or the agency through the annual permit process as approved by DEB may be procured in accordance with the APSPM and the VPPA. • 4.24 g. (PIM 23) Deletes additional guidance on determining what procurement method should be used for systems necessary to make a building functional. The Construction and Professional Services Manual provides instructions.

  11. APSPM Chapter 4 Changes (Cont) • 4.28 (PIM 24) Revises section to generally prohibit advertising or promotional literature stating or implying that a Commonwealth agency or institution endorses a vendor’s products or services. An additional paragraph is added allowing vendors to list an agency or institution in a client list, provided that the listing does not state or imply endorsement, and a provision is made for an agency to prohibit such listing by including revised Special Term and Condition in Appendix B, Section II, 1. • Annex 4-H (PIM 24) The word “equal” is replaced with “equivalent” in item 6.

  12. APSPM Chapter 5 Changes • Annex 5-G (PIM 24) The words “Vendor’s FIN or SSN” are removed and replaced with “eVA Vendor ID or DUNS Number.” The word “equal” is replaced with “equivalent” in items 1, 4 and 5 of the instructions. • Annex 5-H (PIM 24) The words “Vendor’s FIN or SSN” are removed and replaced with “eVA Vendor ID or DUNS Number.” • Annex 5-I (PIM 24) The word “equal” is replaced with “equivalent” in the Brand Name or Equivalent checkbox and description on the form. “FEI/FIN Number” is replaced with “eVA vendor ID or DUNS Number” under the signature block. • Annex 6-B (PIM 24) The words “Vendor’s FIN or SSN” are removed and replaced with “eVA Vendor ID or DUNS Number” on the sample IFB cover sheet. The word “equal” is replaced with “equivalent” in section II.A.1 of the step by step procedures.

  13. APSPM Chapter 6 Changes • Annex 6-B (PIM 24) The words “Vendor’s FIN or SSN” are removed and replaced with “eVA Vendor ID or DUNS Number” on the sample IFB cover sheet. The word “equal” is replaced with “equivalent” in section II.A.1 of the step by step procedures. • Annex 6-C (PIM 24) The words “Vendor’s FIN or FEI Number” and “Social Security Number” are replaced with “eVA Vendor ID or DUNS Number” on the Vendor Data Sheet.

  14. APSPM Chapter 7 Changes • 7.3 b (PIM 24) Replaces the words “Proposals are then evaluated” with the words “Proposals are evaluated” in the third sentence of the paragraph to clarify that oral presentations may be requested at any point in the process. • Annex 7-B (PIM 24) Replaces the words “FEI/FIN NO” with “eVA Vendor ID or DUNS Number” on the sample RFP cover sheet.

  15. APSPM Chapter 8 Changes • None in PIM 23 or 24

  16. APSPM Chapter 9 Changes • None in PIM 23 or 24

  17. APSPM Chapter 10 Changes • 10, 10.7, 10.16, 10.17, 10.18, 10.19, and 10.21 d (PIM 24) Replaces the words “Complaint to State Vendor Form” with “Procurement Complaint Form.”

  18. APSPM Chapter 10 Changes (cont) • Annex 10-A (PIM 24) Replaces the words “Complaint to State Vendor form” with “Procurement Complaint Form” in the last item on the check list. • Annex 10-B (PIM 24) Replaces the words “Complaint to State Vendor form” with “Procurement Complaint Form” in item J of the “tips” list. • Annex 10-C (PIM 24) Replaces the words “Complaint to State Vendor form” with “Procurement Complaint Form” in the seventh item in the bulleted list of responsibilities. • Annex 10-E (PIM 24) The words “Vendor’s F.I.N or S.S.N.” are replaced with “eVA Vendor ID or DUNS Number” on item 7 of the instructions. • Annex 10-F (PIM 24) Change “F.I.N. OR SS. NO.” to “”eVA Vendor ID or DUNS Number” on the COMMONWEALTH OF VIRGINIA AGENCY PURCHASE ORDER CHANGE form.

  19. APSPM Chapter 10 Changes (cont) • Annex 10-H (PIM 24) Replaces the existing COMPLAINT TO STATE VENDOR form with new PROCUREMENT COMPLAINT FORM. • Annex 10-I (PIM 24) Replaces the words “Complaint to State Vendor form” with “Procurement Complaint Form” on the sample CURE LETTER. • Annex 10-J (PIM 24) Replaces the words “Complaint to State Vendor form” with “Procurement Complaint Form” on the sample DEFAULT LETTER. • Annex 10-L (PIM 24) Replaces the words “Complaint to State Vendor form” with “Procurement Complaint Form” on the sample DEFAULT AND REQUEST FOR PAYMENT LETTER.

  20. APSPM Chapter 11 Changes • 11.2 (PIM 23) Clarifies that appeals procedures must be consistent with the VPPA, can apply only to appeals filed after the procedure is established and must provide for the vendor to receive written notification of the action taken. Deletes the requirement that appeal procedures be established by agency heads; thereby allowing agency heads flexibility in determining who can establish appeals procedures. • 11.2 (PIM 24) Corrects the first paragraph in this section to show that there is a thirty day time period for parties to institute judicial review. • 11.2 d. (PIM 23) Clarifies that bidders or offerors have the ability to submit an appeal within ten (10) days of the written decision by invoking administrative procedures under § 2.2-4365 of the Code of Virginia, if administrative procedures are available.

  21. APSPM Chapter 12 Changes • None in PIM 23 or 24

  22. APSPM Chapter 13 Changes • 13.8 a (PIM 24) The word “equal” is replaced with “equivalent.”

  23. APSPM Chapter 14 Changes • 14.9 b. 23 (b) and (c) (PIM 23) Provides additional exclusions to the use of eVA for group travel up to $50,000 per group travel event and group travel-related lodging regardless of the amount.

  24. APSPM Appendix A Changes • Appendix A (PIM 24) Revises the definition of “Small Business” in accordance with §2.2-4310.E.4 to include businesses independently owned or operated by citizens of the United States or non-citizens who are in full compliance with United States immigration law. Adds definition of “Sponsorship.”

  25. APSPM Appendix B Changes • Appendix B, Section I, E (PIM 24) Expands General Term and Condition E Immigration Reform and Control Act of 1986 to apply to all written contracts in accordance with § 2.2-4311.1, regardless of dollar value or procurement method. • Appendix B, Section I, J (PIM 24) Adds item 4 to encourage contractors and subcontractors to accept electronic and credit card payments. • Appendix B, Section I, R (PIM 24) Replaces the word “equal” with “equivalent” in General Term and Condition.

  26. APSPM Appendix B Changes (cont) • Appendix B, Section II, 1 (PIM 24) Replaces the Special Term and Condition on Advertising with one which may be used to prohibit a contractor from listing an agency in client lists in accordance with the changes to 4.28. • Appendix B, Section II, 45 B (PIM 24) Special Term and Condition is updated to replace the word “equal” with the word “equivalent” and clarify which papers may be accepted as equivalent to specified papers in printing solicitations. • Appendix B, Section II, 61 (PIM 24) Special Term and Condition added to be used in contracts when contractors utilize, access, or store personally identifiable information in order to prohibit disclosure of such information and to require contractors to report any breaches of such information.

  27. Vendor Manual 2008

  28. Changes: clarifying corrective as a result of changes to APSPM

  29. Corrective: - 4.5 new thresholds for licenses - 5.1 deleted language no longer applicable to vendors- 7.13 and 8.6 replaces “Complaint to State Vendor form” with “Procurement Complaint Form”

  30. Changes as a result of APSPM Section 2.1 and 6.1 added language concerning Small Businesses and Set-asides 3.11 advertising or promotional literature Appendix A, revision of definition of “Small Business” Appendix B, expansion of Gen T & C’s

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