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Contracts

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Title: Contracts


1
Procurement 101
Revised 101905
2
DAS Purchasing Statutes
  • DAS
  • Connecticut General Statutes Title 4a
  • Chapter 57, DAS programs responsibilities
  • Chapter 58, purchases printing
  • Chapter 58a, prequalification evaluation of
    contractors

3
DOIT Purchasing Statutes
  • DOIT
  • Connecticut General Statutes Title 4d, 2, 5 8
  • Chapter 61, State Information
    Tele-communications Systems Management
    Contracts, Educational Technology

4
Special Purchasing Statutes
  • Special statutes
  • Cooperative Purchasing Plans
  • Set-aside
  • EPP (Environmentally Preferable Purchasing)
  • Preference legislation

5
Purchase Request
  • Is product/service on current DAS or DOIT State
    Contract or Master Agreement?
  • If no contract/agreement exists
  • Make purchase with General Letter 71 authority

6
General Letter 71
  • General Letter 71
  • lt 2500 - no quotes needed
  • gt 2500 up to 10,000 3 written quotes
  • gt 10,000 up to 50,000 delegated authority
    that requires bid to be posted on State
    Contracting Portal
  • gt 50,000 submit DAS SP-10 or DOIT 10

7
Bid/RFP Process
  • Bid process
  • Specification driven
  • Advertised
  • Sealed bid public bid opening
  • Awarded to lowest, qualified, responsible bidder
  • No ability to negotiate

8
Bid/RFP Process
  • RFP process
  • Problem statement
  • Seeking best overall solution
  • Advertised, sealed response

9
Bid/RFP Process
  • RFP process
  • Permits other criteria for award besides low bid
  • Utilize evaluation teams group scoring of RFP
  • Negotiation permitted

10
Bid/RFP Boilerplate
  • Standard terms conditions
  • Special terms conditions
  • Product/service specifications
  • Proposal pricing pages

11
Bid/RFP Package
  • Other bid documents as required
  • Prevailing wage rates
  • DOL - Wage Workplace Standards (Gary Pechie at
    860/263-6376 or gary.pechie_at_po.state.ct.us)
  • Standard wage rates
  • Affidavit forms
  • CHRO forms
  • EPP requirements
  • SBE/MBE requirements
  • Pre-Qualification language

12
SBE/MBE Requirements
  • SBE/MBE bid/RFP clause options
  • Full
  • Partial
  • 2nd Tier
  • Special Bid Provision

13
SBE/MBE Annual Reporting Requirements
  • Reporting requirements
  • Annual goals calculation
  • Quarterly reporting package
  • Goal achievement by agency

14
EPP Requirements
  • EPP - What is it?
  • products, services or practices that have a
    lesser or reduced negative affect on human health
    and the environment when compared to competing
    products, services or practices that serve the
    same function.

15
EPP Requirements
  • EPP evaluates product lifecycle (or
    cost-effectiveness)
  • taking into consideration the raw materials
    acquisition, production, manufacturing,
    packaging, distribution, reuse, operation,
    maintenance or disposal aspects of the product

16
EPP Requirements
  • Statutory requirements that support EPP
  • CGS 4a-67h Designating, Tracking and Monitoring
    the use of EPP products and services
  • CGS 4a-67f Purchase of 30 post-consumer waste
    recycled content papers
  • CGS 4a-67a Purchase of products with recycled
    content in accordance with EPA Comprehensive
    Procurement Guidelines

17
Contractor Pre-Qualification Program
  • What is the Contractor Prequalification Program?
    (C.G.S 4a-100)
  • Requires all contractors bidding on vertical,
    building construction projects estimated to cost
    500,000 or more and are funded in whole or in
    part with state funds be prequalified by DAS

18
Contractor Pre-Qualification Program
  • Changes the definition of lowest responsible
    bidder to include lowest responsible prequalified
    bidder
  • Awarding authority must indicate in bid
    announcement what prequalification
    classifications are being sought

19
Contractor Pre-Qualification Program
  • What must a responsible bid contain?
  • Prequalification certificate that includes
  • Company information
  • Prequalification classifications
  • Issuance expiration dates
  • Aggregate work capacity single limit
  • Licenses the company holds

20
Contractor Pre-Qualification Program
  • Update Bid Statement that includes
  • Listing of companys currently bonded projects
    and projects completed since prequalification
  • Any significant financial or organizational
    changes to the company

21
Evaluation/Award Process
  • Bid evaluation
  • Lowest responsible, qualified bidder
  • RFP evaluation
  • Evaluation team
  • Evaluation criteria
  • Scoring
  • Negotiation

22
Contracts
  • Types of contracts
  • Spot, Term
  • Overall award,Multiple award
  • Contract usage
  • Limited to specific agency
  • All state agencies
  • State agencies municipalities, schools, not
    for profit organizations

23
Affidavits
  • Basis for need P.A. 04-245
  • Affidavit requirements
  • Bid/RFP gift affidavit SP-8
  • Consulting affidavit SP-13
  • Affirmation of Ethics
  • Contract gift affidavit SP-40
  • Annual renewal

24
Protests Appeals
  • Most common complaints
  • Bid specifications were restrictive
  • Winning bidder was not low bidder
  • Winning bidder not qualified
  • State did not adhere to its own terms
    conditions
  • Informal meeting
  • Can sometimes diffuse situation

25
Sole Source Purchases
  • Waiver of bid requirement
  • Emergency conditions
  • Unforeseen contingencies
  • Special market conditions
  • Sole source
  • Compatibility with existing equipment
  • Standardization Transactions
  • CGS 4a-58 Standardization Committee

26
P-Card Program
  • MasterCard credit card use wherever MasterCard
    is accepted
  • Small purchase transactions lt1000
  • Can be customized with spending limits controls
  • Purchase transactions can be monitored online

27
Executive Order No. 3
  • What does it do?
  • Establishes the State Contracting Portal as a
    single place for posting bid opportunities
  • Encourages active recruitment participation of
    CT small/minority businesses in state contracting
    process
  • Development of a procurement manual

28
Executive Order No. 3
  • Why does Connecticut need this?
  • Promotes open government transparent
  • Provides a single source for procurement
    information 24/7
  • Saves on copying, faxing, advertising paper
    costs
  • Increases bidder interest in supplying
    competitive bids

29
State Contracting Portal
  • How does it work?
  • Suppliers register for bid notices by commodity
  • Agencies post bids by commodity (minimum 5
    working days)
  • Suppliers notified by email
  • Suppliers link to documents on Internet
  • Suppliers download and submit bid

30
State Contracting Portal
  • Advantages of using SCP
  • You control the bid posting information
  • Reduces copying/mailing expenses
  • Fewer calls and FOI requests

31
State Contracting Portal
  • Advantages of using SCP
  • New sources and increased competition
  • Suppliers self register for bid notices
  • Suppliers automatically notified by email when a
    bid is posted or modified

32
State Contracting Portal
  • Which bids am I required to post?
  • Bid documents that are posted on your agency
    website
  • All sealed and/or advertised bids gt50,000
    (non-executive branch agencies)
  • Bid posting required by DAS purchasing
    delegations
  • gt 10,000 up to 50,000

33
State Contracting Portal
  • What do I need to do?
  • Obtain an account password
  • Obtain Adobe Version 6.0 or above
  • Make certain your current vendors are registered
    for bid notification

34
(No Transcript)
35
Sample Email
Connecticut Procurement Notice Unit Washington,
Town of, Selectman's Office Bid NumberChurch
Street Improvements 8-11-2005Post DateJul 25,
2005 Close DateAug 18, 2005 Linkhttp//www.das.s
tate.ct.us/purchase/agency_bid_docs/ChurchStreetIm
provements.pdf SummaryAddendum 1 New Bid
Closing Date 8/18/2005 - 400 p.m. Bids will be
open at Board of Selectmen's Meeting at 430
p.m.Sealed bids for the reconstruction of Church
Street in New Preston are invited for drainage
work, reclaim and repave portions of New Preston
Hill Road, Hinckley Road, and Church Street
develop parking, replace sidewalk and install
fire-protection cistern as indicated on contract
drawings and specifications prepared by Stuart
Somers,Co. LLC. Commodity0040
ContactRichard C. Sears, First Selectman
Emailkathy.gollow_at_washingtonct.org
Phone8608682259 Fax8608683103 Web
Sitehttp//www.washingtonct.org To Maintain Your
Registration visithttp//www.das.state.ct.us/Pur
chase/Register/ This e-mail provided as a
service of DAS Procurement Services.Visit the DAS
Procurement Services Web Page often at
http//www.das.state.ct.us/Busopp.asp
36
Surplus Property Program
  • State/Federal Property Distribution
  • CGS 4a-4 4a-57a
  • Sale or disposal of surplus state property
  • Obtain account from PDC to list surplus property
    and/or to view online available surplus property

37
Surplus Property Program
  • Week 1 available free to state agencies only
  • Week 2 available free state agencies and for
    purchase by municipalities
  • Week 3 4 contracted auctioneer removes all
    items deemed to have a sale value

38
Surplus Property Program
  • If no interest, available for donation to not for
    profits
  • If no interest, property scrapped (agency
    responsible for disposal)

39
Ethics
  • Office of State Ethics Citizens Ethics
    Advisory Board (P.A.05-183)
  • State Employees Public Officials
  • Lobbyists
  • Contractors
  • Conflicts of interest, nepotism, gifts, financial
    disclosure, outside employment as a state
    employee, post-state employment, etc.

40
Procurement Contacts
  • Carol Wilson, Procurement Director,
    carol.wilson_at_ct.gov or 860/713-5093
  • Carlos Velez, Procurement Program Manager,
    carlos.velez_at_ct.gov or 860/713-5257
  • Tony Deluca, Procurement Program Manager,
    tony.deluca_at_ct.gov or 860713-5070
  • Meg Yetishefsky, Manager, Supplier Diversity
    Program, meg.yetishefsky_at_ct.gov or 860/713-5228
  • Barbara Moser, Environmental Purchasing Advisor,
    barbara.moser_at_ct.gov or 860/713-5081

41
(No Transcript)
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