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Procurement: Take It, or TAKE IT ! Presented by: Joe Blevins August 28, 2013. PROCUREMENT. All CDBG, IPR, and NSP funds used to purchase services and construction must be obligated through a competitive procurement process.
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Procurement: Take It, or TAKE IT! Presented by: Joe Blevins August 28, 2013
PROCUREMENT • All CDBG, IPR, and NSP funds used to purchase services and construction must be obligated through a competitive procurement process. • All contracts that will use CDBG, IPR, and NSP funds must abide by the Virginia Public Procurement Act (Code of Virginia Chapter 43, Title 2.2), unless… • DHCD or Grantee has more stringent requirements.
Competitive Procurement Process • Why? -promote competition -maximize opportunities for private business -best price/best use of public $ -promote use of Section 3, Minority and Female-Owned businesses -DHCD Compliance -It’s the law
Procurement Procedures • Competitive Negotiation
Competitive Negotiation • Procurement of all Professional Services and Non-Professional Services • Selection based on qualifications and professional competence.
Competitive Negotiation • How do you do that? 1. Establish a Selection Committee to review, rank and interview. • Develop the Selection Criteria: • Qualifications • Work Experience, knowledge of regulatory agency requirements, familiarity with CDBG,IPR, & NSP programs • Ability to achieve project outcomes on time and within budget
Competitive Negotiation 3. Develop a Score Sheet – a matrix by which each firm/individual is scored on the basis of the criteria. 4. Issue an RFP (RFQ) • Project Outcome • Project Timeframe • Scope of Services (design & spec. writing, bidding & contracting, administration, etc.)
Competitive Negotiation • Advertisement • In a newspaper of general circulation (VPPA) (DHCD = 15,000 circulation) • Posted in a public area of such purpose • Minimum 10 days (VPPA) DHCD recommends 3 weeks • World Wide Web • Direct Solicitation
Competitive Negotiation • Evaluate and Score – individually by Selection committee members. • Rank – composite score. • Interview – with top 2 respondents.
Competitive Negotiation • Contract negotiations with top ranked respondent $$$$$? • Negotiate with second ranked respondent ?
Competitive Negotiation Multiple or “Retainer Contracts” VPPA – Title 2.2-4302.B READ IT CAREFULLY
Important No agreement for services may be signed until after the effective date of the CDBG, IPR, or NSP Agreement unless prior authorization to do otherwise is granted by DHCD.
Procurement Procedures 2. Competitive Sealed Bidding
Competitive Sealed Bidding Construction may be procured only by competitive sealed bidding (VPPA-Title 2.2-4303.D)
Pre-Qualifying Contractors • What is it? • Why do it?
Pre-Qualifying Contractors • Contractor Requirements: • Licensure (DPOR) • Classification • Class C: $1,000-$10,000/contract; Up to $150,000/12 months • Class B: $10,000-$119,999/contract; $150,000-$749,999/12 months • Class A: Over $120,000/contract; Over $750,000/12 months • Designations • BLD, ELE, HVA, PLB
Pre-Qualifying Contractors • Identifying and Recruiting • Run advertisement in local newspaper: -total $ -# of units -qualifications -pre-qualification process -who to contact for application
Pre-Qualifying Contractors 2. Minority/Female Owned Business Notice as legal ad in regional newspaper (pre-contract activity) • Section 3 Business and Employment Notice as display ad in local newspaper (pre-contract activity) 4. Direct Solicitation
Pre-Qualifying Contractors • Contractor’s Qualification Statement CIG Manual - Appendix 66 IPR Manual – Appendix 25 • Important information • credit, insurance, work reference, licensure, RRP • consult Community Development Specialist regarding verification of non-debarment • supply contractor name, TIN/SSN, & DPOR license number • Grounds for Rejection • Poor credit/work reference • Recent project inspection/interview
Pre-Qualifying Contractors • Approval by Housing Rehab Oversight Board • Must provide written notification of approval or denial within 30 days
Competitive Sealed Bidding • Invitation to Bid: • At least 10 days prior to the date set for receipt of bids (DHCD recommends 3 weeks) • Distribute bid packages to pre-qualified contractors • Minimum of 4 documented solicitations required • Don’t have to solicit all on the list (Phasing)
Competitive Sealed Bidding • Pre – Bid Conference • DHCD highly recommends that a pre-bid conference be conducted. • Purpose : questions/comments from contractors; :instructions/clarifications from Grantee; : changes as addenda to Bid Docs.
Competitive Sealed Bidding • Bid Opening • Sealed bids must be submitted on or before the specified date and time, opened publicly and read aloud • Who Attends? : Grant Manager : Rehab Specialist : IPR Program Administrator
Competitive Sealed Bidding • Bid Opening • Receipt of a minimum of 2 project bids • RS compiles a Bid Tabulation Sheet • Bids should be within DHCD cost limits and 10% of the RS estimate • Award to lowest responsive, responsible bidder ?
Competitive Sealed Bidding Responsive Bidder “… a person who has submitted a bid that conforms in all material respects to the Invitation to Bid.”
Competitive Sealed Bidding Responsible Bidder “… a person who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability that will assure good faith performance…”
Competitive Sealed Bidding • Contract Award • Verification of non-debarment (Federal and State) • Grant Manager makes recommendation to Rehab Board (no more units than can be completed in 60-90 days to one contractor: usually two) • Rehab Board approves contract award – issue written Notice to Proceed
Oops! Withdrawal of Bid due to Error (Title 2.2-4330) • Can withdraw for clerical and judgment mistakes • Withdrawal procedure must be stated in bid packet • Must document how error was made
Beware! DHCD takes a very strict Conflict of Interest position.
Conflict of Interest “The conflict of interest provisions…apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient or of any designated public agencies or sub-recipients which are receiving funds …no persons described…who exercise or have exercised any functions or responsibilities with respect to CDBG activities… …“or who are in position to participate in a decision making process or to
Conflict of Interest gain inside information with regard to such activities , may obtain a financial interest or benefit from a CDBG assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG assisted activity…either for themselves or those with whom they have family or business ties,…” (Title 24 CFR Part 570.611 – See CDBG Manual Chapter 4)
PROCUREMENT • Good Rules Of Thumb • Refer To CIG Manual (Appendix 10) • Refer To IPR Manual (Chapter 6) • Consult Your Community Development Specialist • Consult Your Attorney
Thank You! Joe Blevins joe.blevins@dhcd.virginia.gov