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State of GeorgiaSole Source Webinar
January 22, 2009
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Sole Source Webinar AgendaJanuary 22, 2009
Welcome – Kelly Loll-Jones (Director, Knowledge Center)
Legal Overview of the Sole Source Process and GPM
Changes – Mary Scruggs (DOAS Legal Counsel)
Sole Source Intent to Award Justification Form – Mary Zirock
(Training Specialist)
GPR Posting of a Sole Source – Mary Zirock
Questions and Answers
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Sole Source Process: Policy Change
Old Process No definition of sole source 3 Business Day Posting
Period NOIA utilized for purchases
of $100K or more Unclear how vendors
should respond to sole source notice
Unclear what filing period applied for complaints/protests
New Process (1/20/09) Definition of sole source 5 Business Day Posting
Period NO NOIA required
regardless of $ value Clear that vendors must file
a complaint/protest to challenge a sole source
Clear Filing Period
What has changed?What has changed?
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Sole Source Process: Definition
Note: The sole source process is only applicable to purchases of $5,000 or more.
A sole source acquisition is a contract for the purchase of supplies and/or services that is entered into or proposed to be entered into by an agency after soliciting and negotiating
with only one source.
A sole source acquisition is a contract for the purchase of supplies and/or services that is entered into or proposed to be entered into by an agency after soliciting and negotiating
with only one source.
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Sole Source Process: Definition
Sole source acquisition does not include any of the following: Purchases from existing agency or statewide
contracts, Approved “piggybacking” purchases, Contracts with non-profit entities, Intergovernmental agreements, Purchases which, either through statute or other
regulation, are exempt from the competitive solicitation process and/or the State Purchasing Act, and/or
Any contract resulting from a competitive solicitation conducted in accordance with the provisions of this manual even if only one responsive and responsible bid/proposal is received.S
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Sole Source Process
To provide a reasonable period of time for vendors to review and, if necessary, challenge a sole source notice
Why has the posting period changed to 5 business days?
Why has the posting period changed to 5 business days?
Why don’t the existing filing periods for competitive solicitations work for the sole source process?
Why don’t the existing filing periods for competitive solicitations work for the sole source process?
The initial filing period for competitive solicitations (2 business days prior to the close of the RFx) is too short and also inapplicable.
The second filing period for competitive solicitations (within 10 calendar days of the NOIA or NOA) is too long and also redundant.
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Sole Source Process
Post complaint/protest
to Georgia Procurement
Registry with the Sole Source
Post complaint/protest
to Georgia Procurement
Registry with the Sole Source
Step 2
If desired, SPD can lend assistance to
resolution of an informal complaint
If desired, SPD can lend assistance to
resolution of an informal complaint
Step 3
Although the Agency has final ruling on informal complaint, notify SPD of decision prior to public
release
Although the Agency has final ruling on informal complaint, notify SPD of decision prior to public
release
Step 4
Informal complaints and formal protests are public records and any individual may receive a copy via Open Records request
Informal complaints and formal protests are public records and any individual may receive a copy via Open Records request
If you receive a complaint/protest directly, forward immediately to
DOAS Assistant Commissioner at [email protected]
If you receive a complaint/protest directly, forward immediately to
DOAS Assistant Commissioner at [email protected]
Step 1
What happens if a challenge is filed?What happens if a challenge is filed?
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Distinguish Between Informal Complaints and Formal Protests
Informal Complaint Less than $100,000
Estimated Contract Award Resolved by Agency
Representative No Formalized Appeal
Process
Formal Protest $100,000+ Estimated
Contract Award Resolved by DOAS
Assistant Commissioner Appeal Process
Administered by DOAS Commissioner
Distinguishing Factor: Contract Award $$Distinguishing Factor: Contract Award $$
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Use your subject matter experts to
address challenges to specifications
Use your subject matter experts to
address challenges to specifications
Ask the challenger any necessary questions that would help you understand the
issue
Ask the challenger any necessary questions that would help you understand the
issue
Build solutions around accepted
procurement practice as stated
in the GVM and GPM
Build solutions around accepted
procurement practice as stated
in the GVM and GPM
Consult legal staff as appropriate
Consult legal staff as appropriate
Work Towards 21 Day Goal
Work Towards 21 Day Goal
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Reviewing and Responding to Vendor Challenges
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Reviewing and Responding to Vendor Challenges
Internal Review Participants Informal Complaint – in
accordance agency’s policy for review
Formal Protest – SPD/Legal provides recommendation
Written Response Informal Complaint – agency
representative issues written decision
Formal Protest – DOAS Assistant Commissioner issues written decision
Post Decision to GPR with solicitation
Review Vendor’s
Challenges
Review Vendor’s
Challenges
Decision Issued by
Appropriate Person
Decision Issued by
Appropriate Person
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Other Recent Changes to the GPM
Provided definition of NOIA and NOA Informal Complaint:
Added filing period for specs Provided that filing period for challenges to awards will
begin once the NOIA is posted if Agency elects to utilize NOIA
Formal Protests: GSFIC will handle certain challenges
Request for Formal Review: DOAS reserves the right to charge the cost of the court
reporter to the challenger requesting the oral presentation
The appeal stage is open to certain other vendors (in addition to the original protestor)
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Documentation
Forms and File Documentation
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Sole Source- Justification ProcessStep 1: Conduct Market Research
Thomas Register Industry organizations Internet searches Consultants Requests for Information (RFI) Buyers Laboratory Advertisements Industrial publications.
Once you learn the request requires a sole-source acquisition, you must determine the appropriateness of the request. Consequently, research must be conducted to determine if other products or service providers exist and can satisfy procurement requirements. Available research resources include:
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Once the APO/UCPO determines the needed good or service should be procured as a sole source acquisition, the purchasing agent must enter the information to the Sole Source Justification Form. You post this form with your solicitation.
The top of the form contains the following information.
Date of Request
Entity Information
Requester’s Information
Name
Title
eMail Address
Phone
Sole Source- Justification ProcessStep 2: Prepare Justification Form
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Sole Source- Justification ProcessStep 2: Prepare Justification Form
Enter all information which supports and justifies the Sole Source solicitation in the Request Details section.
Identify Market Research source
Identify Supplier Information
Name
Contact
OEM Letter, indicate if attached
Enter Scope of Work
Provide detailed description of source’s capabilities
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Sole Source- Justification ProceduresStep 3: Post Public Advertisement w/in DPA
State Entity’s must publish all intended sole-source acquisitions with a value of $5,000.00 or greater to the Georgia Procurement Registry (GPR). When posting a sole-source acquisition, you must post the solicitation and attach Justification Form.
Post a Minimum of 5 Calendar days
Select appropriate NIGP Codes
Evaluate at closing
Award
Attach Notice of Award (NOA)
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Sole Source- Justification ProceduresStep 3: Post Public Advertisement exceeds DPA
If the Sole Source solicitation exceeds the Entity’s DPA, the APO/UCPO submits the One Time Request to Exceed DPA form to SPD.
Post Sole Source to the Georgia Procurement Registry
APO/UCPO completes SPD-OP002
eMail to [email protected]
SPD review of Request and posted Solicitation documentation
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The process for SPD authorization of a One Time Request to Exceed DPA remains the same.
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Sole Source- Justification ProceduresStep 3: Bid File Documentation
Once the posting is completed, provide all information to the Agency Records Checklist and include to your Bid file. This form has 3 sections:
Over DPA
Indicate Category Type
Goods/Services/IT/ Infrastructure
Enter Bid number
Within DPA
Provide Posting Date
Outcome/Protest Information
Number of Protests received
Awarded
Issued PO
No award
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Georgia Procurement Registry (GPR)
Posting the Sole Source
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Georgia Procurement RegistryPosting the Sole Source
Once you have logged on to the GPR. Click on Bid Processing then click on Post a Sole Source Bid.
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Georgia Procurement RegistryPosting the Sole Source
Enter all required information and indicate in the Bid Title the following:
Bid Title Format:
Sole Source-name of solicitation
Bid Description
Enter Sole Source announcement
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Georgia Procurement RegistryPosting the Sole Source
[Insert Agency Name] is providing public notice of its intent to award a contract to [Insert Name of Sole Source] to provide [Insert Description of Goods and/or Services.][Insert Name of Sole Source] has been identified as the sole source for this purchase for the reasons stated in the attached Sole Source Justification Form. Any supplier capable of providing the identified goods/services may challenge this sole source determination by filing a written complaint/protest with the Assistant Commissioner of State Purchasing in accordance with Section 3.8 of the Georgia Vendor Manual. The complaint/protest must be received prior to the closing date identified herein.
Enter the suggested Sole Source announcement in the Bid Description field.
Copy the suggested wording from the GPM and paste it in the Bid Description box.
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Georgia Procurement RegistryExample-Suggested Wording
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Georgia Procurement RegistryPosting the Sole Source
After selecting the NIGP codes and posting the bid, the following screen prompts you to upload the Sole-Source Justification Form.
To upload the form, click Browse. Then,
Locate the Justification form
Name the Document Click Process
First, click Browse to search for the form
Last, after uploading the form,
click Process
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Georgia Procurement RegistryPosting the Sole Source
After you upload the justification form, you can view the document to ensure you uploaded the correct document. Then, click Complete Bid Posting.
Click here to view the
document and ensure it is the
correct formClick here to complete
posting your bid
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Georgia Procurement RegistryPosting the Sole Source
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This screen displays to confirm that your solicitation is now posted.
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Georgia Procurement RegistryPosting the Sole Source
You can view the public side of the GPR to be sure that the document uploaded correctly.
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Georgia Procurement RegistryPosting the Sole Source
Once the posting process has been completed, the system will send an eMail notification to those suppliers registered with the selected NIGP code(s).
Hyperlink to the Sole Source
solicitation.
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Justification Process
Justification Process
Posting Procedures
Posting Procedures
Policy Changes Policy
Changes
FormsForms
Course summary
Definition and Protest Process
Definition and Protest Process
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For more
CoursesForms
Fundamentals of State Purchasing
Basic Specification Writing (Available FY04)
To access the Sole Source Justification forms and to learn more about this and other subjects:
How to locate the form
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1. Access the SPD Website at [email protected]
2. Click on Resources
3. Click on SPD Official Forms
4. Click on Stage 1 (NI)
5. Click on SPD-N1004
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Questions?
