APSPM Whats New

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APSPM Whats New?

• Nancy M. Davis, CPPB, CPPO, VCO
• Department of Motor Vehicles
• Contracts and Procurement Manger

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Workshop Objective

• Review changes to the APSPM made via PIMs
  modifying the APSPM since the last Forum in 11/05
• 2006 PIMs, 98-020 and 98-021
• Slides paraphrase actual language

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BIG Changes

• Reference to WAMs replaced by DMBE-certified
  small businesses

• Set-asides mandatory up to 50,000
• Must use Small Business Subcontracting Plan form
  for solicitations valued over 100,000 Annex
  7-G
• Mandatory 20 evaluation criteria on Small
  Business Subcontracting Plan

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The Arrows!

Notice that the arrows in the margins have
disappeared, EXCEPT, the arrows pointing to the
latest changes!
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Chapter 3 ChangesGeneral Procurement Policies

• Bonds, 3.2 was rewritten in PIM 20. Bid bonds
  required over 100K for construction except in an
  emergency but if transportation-related bid bond
  required at 250,000
• Performance Payment bonds required over 250K
  for transportation-related projects

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Cooperative Procurement, 3.7

Adds a provision stipulating that the use of
cooperative contracts is not authorized when
there are DMBE-certified small businesses
available to provide the goods or furnish the
services at fair and reasonable prices
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SWAM Businesses, 3.10

• The entire section was rewritten to implement
  EO33
• Agency Plans per DMBE guidelines
• Vendors must be certified by date/time due
• Reduce size of bundled contracts to increase pool
  of DMBE-certified smalls
• Consult with DMBE/DBA on contract sizing

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SWAM Businesses, 3.10

• When quotes are requested solicit DMBE-certified
  Small businesses (incl. WAMs that are also
  DMBE-certified small businesses)
• Award to other than lowest priced bidder or
  highest ranking offeror over 50,000
• If appropriate AWARD clause is used
• Must be approved by in writing by the Chief
  Purchasing Officer

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Set-asides, 3.10 g

• Up to 50,000, incl. purchases with SPCC up to
  5,000, set-aside exclusively for DMBE-certified
  small businesses when theres a reasonable
  expectation for 2 competitive bids or offers
• If not, document file that procurement doesnt
  qualify for a set-aside, remove General Term Z
  and proceed with open competition

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Small Business Subcontracting Plan, 3.10 h

• New section requires solicitations over 100,000
  to include Annex 7-G (plan") and for
  bidders/offerors to complete
• Requires delivery of report to agency on
  contractor compliance if the plan is a condition
  of the award

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Small Business Subcontracting Plan, 3.10 h

• Requires plan to be an evaluation criteria in
  RFPs with a value of no less than 20 of the
  weight

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Other Chapter 3 Changes

• Multiple awards, 3.11 are authorized for
  professional services
• 3.11 f. added link to Future Procurements
• 3.23 note added on sales tax/gratuity
• Prohibited Contracts, 3.26 A - May not contract
  with a contractor who fails to pay sales tax,
  unless an emergency
• Annex 3-B updated

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Chapter 4 ChangesGeneral Procurement Guidelines
Planning

• PIM 20 provides additional direction on
  determining price reasonableness, 4.10
• 4.22, Consultant Services Agency Responsibility
  to assure use control of consultants is
  justified
• Must make determination of ROI part of criteria
  to determine use or award of a consulting
  contract

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Chapter 5 Small Purchases

• All changes have to do with set-asides for
  small businesses
• Up to 5,000 solicit a minimum of 1
  DMBE-certified small business
• Over 5,000 up to 50,000, solicit 4
  DMBE-certified small businesses, if available

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Chapter 6 Competitive Sealed Bidding

• IFB is the Preferred method for purchase of
  goods, printing, non-capital outlay construction
  nonprofessional services
• Solicit 6 sources, incl. 4 DMBE-certified small
  businesses, if available
• If set-aside for small business participation
  only, solicit 6 DMBE-certified small businesses
  (then, may not use award to other than lowest
  priced bidder clause)

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Small Business Subcontracting Plan Requirement,
6.2 f

• Solicitations over 100,000 must include Annex
  7-G
• Bidders must complete in order to be responsive

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Other Chapter 6 Changes

6.3 d, 6.5 b., 6.6 removes the 100,000
restriction for a contract to be awarded to a
qualified reasonably priced DMBE-certified small
business bidder that is other than the lowest
priced bidder. The award may be made to other
than the lowest priced bidder by including the
appropriate clause in Appendix B., Section II, 7.
J. in the solicitation
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Chapter 7Competitive Negotiation

• Solicit 6 sources, incl. 4 DMBE-certified small
  businesses, if available
• If set-aside for small business participation
  only, solicit 6 DMBE-certified small businesses
  (then, may not use award to other than lowest
  priced bidder clause)
• Cannot Award To Other Than The Highest Ranking
  Offeror if set-aside for small business
  participation

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Small Business Subcontracting Plan

• 7.2 j., for all prime contracts in excess of
  100,000, the small business subcontracting plan
  shall be one of the evaluation criterion
• Weight shall be no less than 20 of the total
  evaluation points
• Solicitation must include Annex 7-G Small
  Business Subcontracting Plan

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Negotiation and Award

• 7.4 c., after evaluation agency must prepare a
  written narrative on the rationale for ratings
  that are developed for each proposal received.
  Address merits relative to ratings not compared
  to other proposals
• 7.4 f, gives instructions on how to use the
  Summary of Evaluation Ratings by Criteria
  Worksheet (Annex 7-H)

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Other Chapter 7 Changes

• Faith-based nondiscrimination statement added to
  cover page of sample IFB RFP
• Annex 7-G is renamed and revised Small Business
  Subcontracting Plan
• Annex 7-H is new Summary of Evaluation Ratings
  by Criteria Worksheet

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Chapter 10Contract Administration

• 10.9 Overshipments/Overruns
• Issue Change Order
• if order is changed by 500 (3.5 10.12)
• if requested by a supplier to ensure the eVA
  transaction fee is accurate
• if required by internal policy

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Payment Invoice Processing

• 10.11 b
• State agencies are required to participate in the
  SPCC program
• Participation in the Gold Card program is
  optional

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State Contracts,13.7 d

• To establish statewide term contracts, within
  delegated authority
• Consider the factors in 13.7 b.
• Does entity have enough experienced staff to
  manage the term contract?
• Then send a written request to DGS/DPS Director
  for approval
• Contract Management is the responsibility of the
  entity establishing the contract

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Other Chapter 13 Changes DGS/DPS Support and
Assistance

Annex 13-B - Organizational Chart updated Annex
13-C - Directory of Procurement Assistance
updated showing area of responsibility and phone
number
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Chapter 14Electronic Procurement

• Chapter 14 was replaced in its entirety on
  7/1/06
• eVA website updated, www.eva.virginia.gov
• Document quote from eMall on PR
• Change order section re-written as discussed
  under Chapter 10

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Use of eVA and Exclusions

• 14.9 adds sub-sections (1) through (4)
• (1) All purchase transactions, regardless of
  funding source, governed by the VPPA without
  regard to agency-specific exemptions, shall be
  processed through eVA to eVA registered vendors
  except as otherwise provided herein (see 14.11 or
  14.9 b).

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Use of eVA and Exclusions

• (2) Re-numbered - on ERP Orders
• (3) eVA Fees - Agencies vendors pay eVA fees
  per the eVA Fee Schedule published on the billing
  and payment portal

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(4) Modification of Existing Contracts

• By 8/1/06, modify existing contracts if new POs
  will be issued on them on/after 8/16/06, to
  incorporate the new Gen T C X Spl T C 59,
  if the transaction fee is affected by Gen T C X
  the new eVA Fee Schedule. Contractors shall be
  able to adjust contract prices based on impact
  resulting from the new order transaction fee.

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14.9 b - Exclusions

• At the option of the agency or institution,
  exempt transactions may be processed through eVA,
  but the agency or institution placing the order
  will be required to pay the eVA transaction fee
  specified in the eVA Fee Schedule published on
  the billing and payment portal

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Other Chapter 14 Changes

• 14.10 b TPA deleted in its entirety
• 14.11 Modified Orders to Vendors not Registered
  in eVA and Related Fees
• Accept terms? Document use RO1, etc
• Not Accept terms? Document use RO2, etc
• 14.12 - Self-Certification Fees For
  Non-Compliant Purchase Transactions, fee due from
  agencies is changed to 2 of all noncompliant
  transactions

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Set-aside Advertisements, 14.15

• eVA/VBO advertisements for set-aside procurements
  - title in the Request Title field using the
  following format
• SET-ASIDE FOR SMALL BUSINESSES-, followed by
  the title of the commodity or service being
  procured (e.g., SET-ASIDE FOR SMALL
  BUSINESSES-Security Services).
• Annex 14-A replaced in its entirety

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Appendix A New Definitions

• PIM 98-020
• eVA Fee Schedule
• Owner-Controlled Insurance Program
• PIM 98-021
• Small Business Subcontracting Plan
• Subcontractor

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Appendix A Revised Definitions

• Multiple Awards
• Minority Individual, African American, Asian
  American, Hispanic American, Native American,
  Minority-Owned Business, Small Business, and
  Women-Owned Business
• Eliminated definitions for Eskimos Aleuts

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Appendix B, I General Terms

• X - eVA Business to Government Contracts, is
  replaced in its entirety
• Y - Availability of Funds moved, Spl - Gen
• Z - Set-Asides is added

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Appendix B, II Special TermsPIM 98-020

• Deleted 6 - Availability of Funds clause
• Modified 7 G Award, to allow multiple awards on
  professional services contracts
• Modified 43 Price Escalation/
  De-escalation to reference eVA fee
• Modified 59 - eVA Business-To-Government
  Contracts and Orders, eVA transaction fees are
  changed depending upon the date of order placement

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Appendix B, II Special Terms PIM 98-021

• Modified 4 Include Audit in term contracts
  requiring a Small Business Subcontracting Plan
  for contracts over 100,000
• Modified Award clauses H., I., J., K. to remove
  the 100,000 restriction allow DMBE-certified
  small business bidder(s)/offeror(s) to be awarded
  even if they are other than the lowest priced
  bidder or highest ranking offeror

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Appendix B, II Special Terms PIM 98-021

• Modified 36, Small Business Subcontracting Plan
  and Evidence of Compliance, to allow the contract
  officer a space to insert when evidence of
  compliance is due
• 60 Set-asides moved to General Terms
• 61 renumbered as 60 - Nonprofit Sheltered
  Workshops and Nonprofit Organizations

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Please complete the evaluation. Copies of the
presentation will be posted on the DGS/DPS
website. Thanks for attending!

Nancy