Session III

BiddersResponsible Bidders are EssentialSourcesProspective Bidders ListBidder Pre-qualificationRemovalDebarment

The SolicitationThe Procurement DocumentRequired Elements for an IFBRequired Elements for an RFPRequired Elements for an RFQElements of a Good ContractTerms & ConditionsSpecifications

Bid NoticeRequirementsPre-bid/Pre-proposal ConferencesQuestionsAddenda

Receipt and OpeningReceipt

Opening

Late Bids & Proposals

Evaluation and AwardEvaluation and Award of BidsEvaluation and Award of ProposalsEvaluation and Award NotesRejection & Cancellation

Compliance

Session III

Bidders

Responsible Bidders are Essential

Sources for Bidders Vendor VisitsTrade DirectoriesProfessional LibrariesProfessional AssociationsTrade FairsPeersNewspapersProspective Bidders List

Prospective Bidders Lists (R7-2-1023)District shall compile and maintain a bidders list

District determines the procedures for inclusionUpon request, district shall mail or otherwise provide vendor with procedures for inclusionVendor shall be added within 30 days after district receives required informationBidders lists shall generally be available for public inspection

Bidders Pre-qualification Bidder pre-qualification means determining that a prospective bidder or offeror satisfies the criteria for being included on the bidders' list. (R7-2-1001-6)

RemovalVendors failing to respond to solicitations for two consecutive procurements of similar items may be removed from the applicable bidders listVendors may be reinstated upon request

DebarmentDebarment means an action taken to prohibit a person from participating in district procurements (R7-2-1001-25)The governing board debarsDebarment is a formal process used under limited circumstancesDebarment is not a means to eliminate unpopular vendorsDebarment can be for up to 3 yearsDebarred vendors may be reinstated

Bidders

The Solicitation

Solicitation Refers to the Procurement DocumentInvitation for Bid (IFB)Request for Proposal (RFP)Request for Qualifications (RFQ)

Required Elements of an IFBNotice that the solicitation may be canceled or bids or proposals rejected if it is advantageous to the district.Certification on a form prescribed by the district that the submission of the bid or offer did not involve collusion or other anticompetitive practices. Notice that all information and bids will be made available for public inspection after contract awardInstructions to bidders, including due date & time, address where bids will be received, period during which bids will be accepted, and other special informationPurchase description, specifications, delivery & performance schedule, and inspection & acceptance requirementsThe factors to be used in bid evaluationThe contract terms & conditions, including warranty, bonding or other security requirements, as applicableDistrict Representative(s) name(s)Term of the contractWhere documents incorporated into the solicitation by reference may be obtained

Required Elements of an IFB (Cont’d)If bidding for information systems or telecommunications systems, life cycle cost and applications benefits must be considered in evaluation of the bidsIf bidding for earth moving equipment, material handling equipment, road maintenance equipment, and construction equipment, life cycle cost, including residual value, must be considered in evaluation of the bids

Required Elements for an RFPGoverning board’s written determination that competitive sealed bidding is not practicable or not advantageous.All applicable requirements for the IFB, plus...Type of services required and the work involvedType of contract to be usedEstimate of the duration of the required servicesThat cost or pricing data is requiredThat discussions may be conducted with offerors who submit proposals determined to be reasonably susceptible of being selected for awardInclude in this area, a statement that the school district may seek best & final offers before awarding a contractThe minimum information that the proposal must containThe relative importance of price and other evaluation factorsThe life cycle cost, applications benefits and residual value evaluation requirements for purchasing information systems, telecommunications systems, and various heavy equipment, apply to competitive sealed proposals

The Solicitation

Required Elements for an RFQ

See multistep sealed bidding

See services of clergy, CPAs, physicians, dentists & legal counselSee procurement of specified professional servicesSee alternative project delivery methods for construction

Elements for a Good ContractSales/use tax requirementsVendor information and/or qualification requirementsPrice/cost conditionsRequirements for submission of bid samples, descriptive literature and/or technical dataRequirements for inspection or testing of products before award

Terms & Conditions (Ts & Cs)Govern use of the contracts

Where you go for answersMust comply with the law to be enforceableGeneral Ts & Cs/Special Ts & CsAlso known as “Boilerplate”

The Solicitation

The Solicitation

SpecificationsCan be characterized as a puzzle used to define the requirements for materials, equipment & servicesIndividual requirements in a specification are the pieces of the puzzleIf the pieces do not fit together, or if a piece is missing, the specification is not complete and usually leads to troubleGood specifications enable the school district to buy the quality it requires at a fair price and with healthy competition

The Procurement Rules Require Specifications…To seek to promote overall economy for the purposes intended and encourage competition in satisfying the school district’s needs That are not unduly restrictiveTo generally describe the school district’s requirements in a manner that does not unreasonably exclude a material, service or construction itemProprietary specifications shall only be used as provided in R7-2-1009.To the extent practicable, be accepted commercial specifications for procurement of standard commercial materials

The Solicitation

Specifications Prepared by OthersContracts for the preparation of specifications by persons other than the school district shall require the specification writer to adhere to rules applicable to the school districtNo person preparing specifications for a school district shall receive any direct or indirect benefit from the utilization of such specifications

Specification for common or general use itemA specification that has been developed and approved for repeated use in procurementsThis specification is used when…A material, service or construction item is used repeatedly by the school districtThe characteristics of the material, service or construction item, as commercially produced or provided, remain relatively stableThe frequency or volume of the procurement is significantThe recurring need requires uniquely designed or specially produced itemsThe school district finds it advantageous

The Solicitation

Brand name or equal specificationA specification that uses one or more manufacturers’ names or catalog numbers to describe the standard of quality, performance and other characteristics to meet the school district’s requirements, and provides for submission of equivalent products.This specification is used when…The school district determines it is advantageous to the district.

Brand name specificationA specification limited to one or more items by manufacturers’ names or catalog numbers.This specification is used…Only if the school district makes a determination that only the identified brand name item will satisfy the school district’s needs.If only one source can supply the requirement, the procurement shall be made pursuant to R7-2-1053 (sole source procurement).

The Solicitation

Qualified products listAn approved list of products described by model or catalog numbers, that prior to competitive solicitation, the school district has determined will meet the applicable specification requirement.This specification is used when...The school determines that testing or examination of the materials or construction items prior to issuance of the solicitation is desirable or necessary in order to satisfy the school district’s requirements.As many products as practicable are solicited or accepted for testing or examination. The qualified products list shall not be modified after the solicitation.Inclusion is based on results of testing or examination conducted in accordance with requirements set by the school district.

The Solicitation

Proprietary specificationA specification that describes a material made and marketed by a person having the exclusive right to manufacture and sell such material, and excludes other materials with similar quality, performance or functional characteristics from being responsive to the solicitation.This specification is used only if the specification includes a statement…of the reasons why no other specification is practicable;a description of the essential characteristics of the specified product; andspecifically permitting an acceptable alternative product to be supplied

Scope of servicesA description of the essential products, and/or services to be provided by a vendor upon award of a contract.This specification is used…Generally when the school district is using the competitive sealed proposal method of procurementWhen the school district chooses to list only the essential materials or services, and allow the offeror to determine the best method to achieve the desired resultWhen the school district is contracting for professional services

The Solicitation

Specs for Success Thoroughly describe the requirements

Concentrate on reasonable performance requirements List pertinent requirements only

Avoid requirements that do not affect successful use of the product or service

Be clear in defining the requirementUnclear requirements are subject to interpretation and controversy

Meet the need, not necessarily the wantConcentrating on personal preferences can be expensive

Stick with standard production materials, whenever possibleIt’s generally not wise, necessary or productive to reinvent the wheel, or pencil, or bus…

Promote competitionRestrictive specifications are expensive and lead to controversy

Be sensitive to the user’s needsRemember, meeting the user’s requirements is one piece of the specification puzzle. This can be accomplished and still maintain the guidelines above.

Be prudentA Mercedes is nice, but a Chevrolet or Ford is more appropriate for school districts.

Bid Notice

Notice is mailed or otherwise furnishedNotice can be mailed, faxed, emailed…Notice can be the solicitation, a postcard, letter or email…

Notice is sent to all prospective bidders registered for the specific material, service or construction being bidPublish notice in the official newspaper of the county if there are fewer than 5 registered biddersTwo publications which are not less than six nor more than ten days apartThe second publication shall not be less than two weeks before bid openingThe time of publication may be altered if deemed necessary

The school district may give additional noticeSending to vendors who are not registeredPublishing even if there are 5 registered vendorsWebsite posting

Solicitation shall be issued at least 14 days prior to the time and date set for bid opening, unless the school district determines a shorter time is necessary for a procurement“Days” are calendar days

Pre-bid/Pre-proposal ConferencesThe conferences are used to provide vendors with an opportunity to ask questions in a public forumProvide vendors with sufficient time to receive and review the solicitation before conducting the conferenceProminently indicate the conference date and time on the solicitationAnswer questions freely and completelyPrepare a written summary of the questions and answersProvide the written summary to all everyone with the solicitationIssue an addendum if any requirements changeConferences are most valuable for complex procurementsMandatory conferences are allowed, but generally are not wise or productive

Solicitation QuestionsSolicitation should specify procedure for questionsInclude a contact person, even if questions are to be writtenAnswer questions clearly, concisely & honestlyDon’t tell vendors how to bidDon’t misleadDon’t let the answer to a question give any vendor an advantageAnswers to formal written questions should be provided to all vendors who receive the solicitation

Bid Notice

Bid Notice

Changes to the solicitation should be made by addendum

Examples include change in specifications or performance requirements, new due date & time, change in location for receipt of bids or proposals, etc.Addenda should be formal and part of the solicitationAddenda should be provided to every one who received a copy of the solicitationAn addendum may require an extension of time for vendors to prepare bids or proposalsThe addendum (or solicitation) should have a place for acknowledgment by the vendor

Receipt and Opening

Receipt Each bid or proposal shall be time and date stamped upon receipt Bids & proposals shall be stored unopened in a secure place until the time and date set for openingFollow the same rules for modifications to bids & proposals

OpeningBids, proposals and modifications shall be opened publicly at the date, time and place designated in the solicitation.

One or more witnesses shall be present. For bids (IFB), name of each bidder, the amount of each bid, and other relevant information deemed appropriate by the school district shall be recorded.For proposals (RFP), the name of each offeror shall be recorded. All other information in the proposals shall remain confidential until after award of the contract.The record shall be available for public inspection.After contract award, bids and proposals shall be available for public inspection, except that any portion of a bid or proposal that was designated as confidential pursuant to R7-2-1005 shall remain confidential from and after the time of bid opening.

Receipt and Opening

Modifications & Withdrawals

A vendor may modify or withdraw a bid or proposal at any time before opening, if the modification or withdrawal is received at the specified location prior to the due date and time.A bid, proposal, modification or withdrawal is late if it is received at the location designated in the solicitation after the time and date set for bid opening. A late bid, proposal, modification or withdrawal shall be rejected, unless it would have been timely received but for the action or inaction of school district personnel and is received before contract award.Vendors submitting bids, proposals, modifications or withdrawal that are rejected as late shall be so notified as soon as practicable.All documents concerning acceptance of a late bids, proposals, modifications or withdrawal shall be retained in the official records of the school district.Confirm the identity of any individual retrieving a submission or withdrawal.

Evaluation & Award of Bids

Bids shall be awarded to the lowest responsible and responsive bidder whose bid conforms in all material respects to the requirements and evaluation criteria in the IFB.

Multiple awards are allowed.Use of multiple award must be noted in the IFB.Must determine in writing that a single award is not advantageous to the district.Must limit the multiple award to the least number of

suppliers determined necessary to meet the requirements.

A product acceptability evaluation shall be conducted solely to determine whether a product is acceptable as specified in the solicitation, not whether one product is superior to another product.

Any offering that does not meet the acceptability requirements shall be rejected as nonresponsive.

Bids shall be evaluated to determine which bidder offers the lowest cost to the district in accordance with the evaluation criteria set forth in the solicitation.

Only objectively measurable criteria in the solicitation shall be applied in determining the lowest bidder.

Examples of such criteria include, but are not limited to, transportation cost, energy cost, ownership cost and other identifiable costs or life cycle cost formulae.

Evaluation & Award of Bids

Evaluation factors need not be precise predictors of actual future costs, but to the extent possible evaluation factors shall be reasonable estimates based upon available information concerning future use.

A contract may not be awarded to a bidder submitting a higher quality item than that designated in the solicitation unless the bidder is also the lowest responsible and responsive bidder.

Bids are firm as received. Negotiations and/or revisions are not allowed.

After bid opening, a bid mistake based on an error in judgment shall not be corrected.

After bid opening, a bid mistake shall be corrected if the mistake and intended bid are evident on the face of the bid.

If there are two or more low responsive and responsible bids that are identical in price and that meet all the requirements and criteria set forth in the solicitation, award may be made by drawing lots.

If only one bid is received, a contract may be awarded if the district determines that other vendors had sufficient opportunity to respond to the solicitation and the price is fair and reasonable, of if the district determines there is not sufficient time to rebid.

Evaluation & Award of Proposals

Proposals shall be awarded to the offeror whose proposal is determined in writing to be most advantageous to the school district.

Multiple awards are allowed.Use of multiple award must be noted in the RFP.Must determine in writing that a single award is not advantageous to the district.Must limit the multiple award to the least number of suppliers determined necessary to meet the

requirements. The determination of most advantageous proposal shall be

based solely on the factors set forth in the request for proposals.

Specific numerical weighting can be used to evaluate proposals.

Discussions may be conducted with responsible offerors for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation’s requirements.

Discussions are not the same as negotiating a contract with the offeror.

Prior to conducting discussions, the district shall determine that proposals are either acceptable or unacceptable for further consideration.

A determination that a proposal is unacceptable shall be in writing and state the basis of the determination.

Evaluation & Award of Proposals

If the district determines an offeror's proposal is unacceptable, the district shall notify that offeror of the determination and that the offeror shall not be afforded an opportunity to amend its offer.

If discussions are conducted, the district shall request best and final offers.

Best and final offers are obtained through a request for best and final offers.

The request for best and final offers shall specify the due date and time and location for receipt of best and final offers, plus any submission requirements.

A proposal mistake may be corrected through the best and final offer.

After receipt of best and final offers, the rules for correction of mistakes is the same as for bids.

If an offeror does not submit a notice of withdrawal or best and final offeror, that vendor’s immediate previous offer shall be considered the best and final offeror.

If only one proposal is received, a contract may be awarded if the district determines that other vendors had sufficient opportunity to respond to the solicitation and the price is fair and reasonable, of if the district determines there is not sufficient time to rebid.

A written notice of award shall be sent to the successful vendor. Unsuccessful vendors may be notified in writing of the award. Notice of award shall be made available to the public.

Evaluation & Award Notes

No criteria or factors may be used in bid or proposal evaluation that are not set forth in the solicitation.

The amount of any applicable transaction privilege or use tax of the district is not a factor in determining the award, if a competing vendor located outside of this state is not subject to a transaction privilege or use tax of the district.

After bid opening, the district shall either waive minor informalities in a bid or allow the bidder to correct them if correction is advantageous to the school district. Minor informalities in proposals may be corrected through best and final offers.

Minor informality means mistakes, excluding judgmental errors, that have negligible effect on price, quantity, quality, delivery or other contractual terms and the waiver or correction of such mistake does not prejudice other bidders or offerors.

The governing board awards bid and proposal contracts, unless the board has delegated that authority to another person or persons.

The governing board cannot delegate the authority to award bid or proposal contracts to a procurement advisor.

The procurement file shall contain the basis on which award is made.

Cancellation & Rejection

Before receipt of bids or proposals, a solicitation may be canceled in whole or in part if the district determines that cancellation is advantageous to the district.

After receipt of bids or proposals but before award, a solicitation may be canceled and all bids or proposals may be rejected in whole or in part if the district determines that cancellation and rejection are advantageous to the district.

The reasons for cancellation or rejection shall be made part of the procurement file.

A bid or proposal may be rejected if: The person responding to the solicitation is determined to be nonresponsible; It is unacceptable; The proposed price is unreasonable; or It is otherwise not advantageous to the school district.

Bidders or offerors whose bids or proposals are rejected shall be notified. A record of the rejection shall be retained by the school district.

If a solicitation is canceled after receipt of bids or proposals, the bids or proposals that have been opened shall be retained. Unopened bids or proposals shall be returned to bidders or offerors upon request.

The USFR Compliance Questionnaire contains requirements for the following topics:

All aspects of competitive sealed bidding

All aspects of competitive sealed proposals

Note the specific requirements for the RFP determination

Note the specific requirements for multiple awards

Be thorough in documenting the basis for awarding contracts from proposals

A copy of the requirements are included in the supplemental handout.

Compliance