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Schedule 70 GSA Contracts. Lena Ferris, State Procurement Analyst IT Team Lead. Today’s Discussion. Public Contracting Code DAS Rules GSA Advantages and Disadvantages Time Differences between Competitive Solicitations and GSA Schedule 70 GSA Process Overview.
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Schedule 70 GSA Contracts Lena Ferris, State Procurement Analyst IT Team Lead
Today’s Discussion • Public Contracting Code • DAS Rules • GSA Advantages and Disadvantages • Time Differences between Competitive Solicitations and GSA Schedule 70 • GSA Process Overview
ORS 279A.180Purchases through Federal Programs • Alternative to competitive sealed bidding, competitive sealed proposals or other competition required under ORS 279B.050 to 279B.085, provided that: • (1) Agency follows applicable procurement rules; and • (2) The procurement is made under the 2002 E-Government Act
E-Government Act40 USC 502 • Authorizes state and local Governments to acquire IT goods and services off the GSA schedules • GSA Schedule 70 contains these IT goods and services • IT goods and services on the GSA Consolidated Schedule are also available • The Consolidated Schedule is streamlined approach to fulfilling requirements that fall within the scope of more than one schedule for acquiring a total solution. Contractors under this schedule hold a single contract that includes two or more combined services from schedules.
OAR 125-246-0360DAS GSA Procurement Rule • Agencies are exempt from using competitive processes (ITBs and RFPs) • Federal Authorization must exist in order to purchase from GSA Schedule • Acquisition must meet Agency needs; price and terms must be advantageous to the State • Agency must check to see if a Statewide Price Agreement exists; if one does, then Agency must use it
Items Currently under Statewide Price Agreements • Software: large volume and shrink-wrap • Personal Computers: desktop, laptops and mobile • Servers: small, mid-range • Hardware: storage solutions for small LANS • Printers: individual or small shared, & multifunctional--print, copy, scan, fax • Instructional Bundles for white board, laptop and digital projectors • Limited Peripherals to support desktop computing • http://www.oregon.gov/DAS/SSD/SPO/IT-Procurement.shtml
OAR 125-246-0360 • Agency must notify the vending community by: • Posting notice on ORPIN if the acquisition exceeds $5,000 • Notice must include the Agency need, reason and intent to procure through GSA • Providing a reasonable time period to allow for response (usually 7 days) • Considering and responding to all responses submitted before proceeding
OAR 125-246-0360 • State and local preference programs are not exempt and must be considered first • Inmate Work Program • Qualified Rehabilitation Programs (QRF) • OMWESB • Agency must have legal sufficiency review per normal thresholds • The Agency understands the federal procurement process:
OAR 125-246-0360 • Voluntary and Direct contact between Agency and Contractor • GSA Industrial Funding Fee • Contract between Agency and Contractor • May negotiate additional terms and conditions as required by State law just so long as they do not conflict with Federal Law • GSA allows negotiation of: • Prompt payment • Commercial Terms • Conflict Resolution
GSA Contract Format • GSA Schedule 70 terms and conditions: non-negotiable but most are high level • Vendor GSA terms and conditions: non-negotiable & important to review • State terms and conditions: can add so long as they do not conflict with the prior two sets of terms and conditions
Advantages Shortened time frame to procure Can avoid competitive process Can still negotiate prices Disadvantages At the mercy of pre-negotiated terms and conditions Less control over responsiveness when negotiating GSA Advantages and Disadvantages
Time Differences: Competitive Solicitations and GSA • Formal RFPs – 4 months to one year, depending on complexity of solicitation • Formal ITBs – 60 to 120 days • GSA – 30 to 90 days, depending on negotiations with contractor
Oregon GSA Process Overview • Identify need for IT goods or services • Verify there is no existing price agreement or preference program • Verify the goods or services are available from GSA Schedule 70 • Seek DAS SPO assistance, if purchase exceeds DAS delegation threshold • Seek DOJ legal sufficiency review, if applicable • ORPIN Notice of Intent to conduct a GSA procurement • Issue an Request For Quote to GSA vendors • (Similar to an Intermediate Solicitation Process) • Evaluate responses • Negotiate contract with selected vendor • Award contract
GSA Contract Key Points • GSA is not a price agreement • Contractors are learning this process, too • Contract negotiation timelines are vendor dependent • GSA pricing is a ceiling, not a floor • Feds are not a party to the resulting contract • Take advantage of training on GSA website: • http://www.gsa.gov/portal/content/104447 • Coordinate the work group
Contact Information Tim Hay tim.hay@state.or.us Lena Ferris lena.ferris@state.or.us