Procurement Procurement ForumForum

August 21, 2012

Arkansas Procurement Arkansas Procurement Rules RevisionsRules Revisions

Ray S. PierceAttorney, Office of State Procurement

Most are noncontroversialMost are noncontroversial

Most of the rules changes we’re making are minor technical changes, such as removing specific website addresses that are no longer operative, or moving existing rules to different sections so that they are easier to find. Also, some rules are being deleted in their entirety to reflect improvements in technology and the way OSP does business.

Significant changesSignificant changesR1:19-11-244 – Protest Periods

This new rule reflects the change in the statute clearly setting out two defined times bidders or potential bidders may lodge a protest and what may be protested in each of those periods. The first protest period is for any prospective bidder to challenge the language or requirements of a solicitation. These kinds of protests may be lodged any time up to 72 hours before the deadline for bids to be submitted.

Protest Periods con’tProtest Periods con’tThe second protest period comes

after bids are opened and an anticipation to award a contract is announced. The only entities that can protest at this point are those entities that actually submitted a bid in response to a solicitation. These protests must be lodged within 14 calendar days after the protester knows or should have known of the facts giving rise to their protest.

Other new rules because of Other new rules because of statutory changesstatutory changesR4:19-11-265. Reporting of Contracts for

Commodities including Services with a projected total cost greater than $250,000.

These are contracts where the purchase of the commodities/equipment includes services that an agency would not purchase independently.

R2:19-11-902 Work center certification.

New subsection (b) states that “(b)efore commodities or services may be procured from a work center for the blind, such work center will be required to maintain evidence from the Division of State Services for the Blind of the Department of Human Services.”

Other new rules because of Other new rules because of statutory changesstatutory changesAnd finally,R3:19-11-203. Proprietary Software 

Software exemption under ACA § 19-11-203(14)(BB) does not apply to the initial purchase of proprietary software. Nor does the exemption apply to the purchase of software that is part of any mandatory software contract. Exempt software purchases shall include the purchase of additional proprietary software licenses, copies, license renewals, technical software upgrades, and proprietary software support for proprietary software after the initial purchase.

Other significant changesOther significant changesThe rules under ACA § 19-11-230

dealing with Competitive Sealed Proposals have been significantly changed and added to so as to make the rules concerning Requests for Proposals for services as similar as possible to those concerning Invitations to Bid for commodities. Care has been taken to reflect the sometimes subtle differences between IFBs and RFPs.

More additionsMore additionsR4:19-11-203 – Signatures defined

This is a new rule to clarify the definition of “signed” as currently defined in ACA § 4-1-201 (39), the Uniform Commercial Code, in relation to State contracts.  

R5:19-11-217 – State Procurement TrainingA new rule to clarify the State Procurement Director’s authority to require State agency procurement personnel to be trained in State Procurement law and policy.

More additionsMore additionsR3:19-11-245 (12) – Authority to Debar or Suspend

This is a new rule to make the repeated and willful failure to pay lawful State taxes as one of the possible causes to suspend or debar a vendor.

R2:19-11-1008 – Public Notice of Professional & Consultant Contract Solicitations

New rule to state that all Professional and Consultant Services solicitations are to be posted on the OSP website.

And finallyAnd finallyR1:22-8-102 – Authority of the

Director New rule to require all vehicle lease solicitations be processed by the Office of State Procurement.

Any final questions or Any final questions or comments?comments?

Your questions and comments will be considered and an amended version of these

proposed rules, if any, will be available on the OSP website prior to final promulgation.

Please e-mail Ray Pierce, ray.pierce@dfa.arkansas.gov, if you have additional questions

or comments.

Possible statewide Possible statewide contractscontractsElectrical suppliesPlumbing suppliesCintas – Uniforms & Shredding –

US Communities contract

OSP ContractsOSP Contracts◦Linens & Blankets July 1, 2012 – June 30, 2013 American Textile Systems

◦Auto Parts AutoZone -10/06/2011 –

12/31/2012 Napa - 04/12/2012 –

04/12/2013 O’Reilly - 01/12/2012 –

12/31/2012

SP-12-0252 - Sheets & SP-12-0252 - Sheets & BlanketsBlankets◦Section A –Healthcare Sheets, Pillow

Cases, Blankets Group 1: T180, White, Sheets/Pillow Cases

55/45 Cotton/Polyester blend / Twin, Twin XL

Group 2: T180, Colors, Sheets/Pillow Cases55/45 Cotton/Polyester blend / Twin, Twin XL Rose and Blue

Group 3: Blankets, Thermal100% Cotton, White

SP-12-0252 - Sheets & SP-12-0252 - Sheets & BlanketsBlankets◦Section B - Hospitality Sheets, Pillow Cases,

Blankets Group 4: T180, White, Ivory, Tan,

Sheets/Pillow Cases 55/45 Cotton/Polyester blend / Twin, Twin XL, Full, Queen

Group 5: T180, Colors, Sheets/Pillow Cases 55/45 Cotton/Polyester blend / Twin, Twin XL, Full, QueenRose and Blue

Group 6: T250, White, Sheets/Pillow Cases

60/40 Cotton/Polyester blend / Full, Queen. King

Group 7: Blankets, 100% Polyester Polar Fleece

Ivory

Awarded Vehicle Parts Awarded Vehicle Parts SuppliersSuppliersWSCA Contracts:AutoZoneO’Reilly Auto Parts

NJPA Contract:NAPA Auto Parts

Parts Categories Parts Categories

• Air Conditioning• Alternators and Starters• Batteries• Bearings, Ball and

Roller• Belts and Hoses• Brakes• Electrical and Ignition• Emissions and Exhaust• Engine and Drive Train• Filters (Oil, gas, air and

transmission)• Gaskets and Seals

• Heating and Cooling (engine)

• Lamps, Lighting and Mirrors

• Oils and Lubricants (regular and synthetic)

• Pumps (fuel and water)• Suspension, Shocks,

Struts and Steering• Wipers and Washers• Winter Accessories

Program BenefitsProgram Benefits Supplier must offer lowest sale price within the

nation if cheaper than the contract price. (WSCA Contract Only)

Offered discounts are the minimum (negotiations may be made on volume purchases)

All suppliers offer free delivery, in-store purchasing and on-line purchasing. (Check specific supplier contract for delivery details)

Parts may be bought using P-Card, or PO which is billed to the agency. (Due to the large number of NAPA franchise stores, the P-Card is the preferred method of payment for NAPA purchases.)

Dedicated contract websites (ex. napaprolink.com) Each supplier has a specific website for the contract with a private login – available from the supplier. All pricing will be listed on the webpage with the discount.

autozonepro.comautozonepro.com

Autozone RegistrationAutozone Registration

firstcallonline.comfirstcallonline.com

O’Reilly RegistrationO’Reilly Registration

napaprolink.comnapaprolink.com

Sophisticated Web SitesSophisticated Web SitesParts Search EnginesView the supplier’s catalogSave the jobs you’ve worked onSave job quotations or recurring

quotesLook up the supplies you might

need on a jobInstructional videos

In Summary…In Summary… AutoZone, NAPA and O’Reilly Auto Parts each

with easy to use websites Contract has a broad scope of categories for

auto parts Agencies can shop each supplier to get the

best price for the part needed Free delivery. Some parts may have delivery

charges depending upon whether the part is a stock item or something which needs to be ordered (i.e. engines, OEM parts)

You may call suppliers and try to negotiate a lower price for quantity purchases or high dollar items…remember, the percentage bid is the minimum percentage off of each of the supplier’s price

Use P-Card to lower costs and for convenience

M&RM&R

Questions from the Questions from the AudienceAudienceWe at OSP value your questions

and opinionsEach month we will respond to

some of the general questions asked from the audience

Is OSP working on an on-line Is OSP working on an on-line training for P-cards?training for P-cards?

There is a webinar availableTravel card training will be

available in the fall

Fuel Card is Changing by Fuel Card is Changing by 2/1/132/1/13

Currently VoyagerTransitioning to Wright ExpressRoll will be in phases, you will be

notifiedEarly volunteers???

How do I handle a lost How do I handle a lost check?check?

Current year warrant - vendor must complete an Affidavit of Forged Warrant & submit the original to the Office of Accounting.  Unless otherwise directed, DFA-OA will open the direct invoice and another warrant will be issued directly from that original invoice. 

Prior year warrant - vendor must complete an Affidavit of Forged Warrant and a Bond for Reissue and submit the originals to DFA-OA.  If a new warrant is to be issued, the Auditor of State will issue an exact duplicate of the original warrant issued but with DUPLICATE stamped in red across the front. 

 

AASIS INFOAASIS INFO

DIFFERENT SCENARIOS DIFFERENT SCENARIOS THAT OSP & EVERY THAT OSP & EVERY AGENCY SHOULD BE AGENCY SHOULD BE WATCHING FOR ON THE WATCHING FOR ON THE TRANSPARENCY TRANSPARENCY WEBSITEWEBSITE

Contracts

Is the contract displayed Is the contract displayed correctly?correctly?

Has the expenditures Has the expenditures exceeded the contract?exceeded the contract?

OSP Statewide ContractsOSP Statewide ContractsOSP is adding generic material

numbers to all statewide contracts

AASIS is working on a better solution

Vendors – Current statusVendors – Current status

Transparency clean-up is done

Clean-up is now part of operations

Procedures have changed

Vendors – clean-upVendors – clean-up

Vendors reorganized and renumbered◦Before: AGEN, BOAR, VEND

◦After: AGEN, AGCY, BOAR, FRGN,

GOVT, LGVT, NTFP, OGVT,

PSCH, VEND

Vendors - StatsVendors - Stats

All vendor groups:

◦Total 201,314◦Available for use 75,146

VEND group:

◦Total 187,384◦Available for use 65,026

Vendors – Search tipsVendors – Search tips

“Vendors by additional criteria” tabAll Caps

Wild cards *Partial namesMultiple fieldsAccount groupsPrevious account numberColumn showing deletion flag

Vendors - SearchVendors - Search

Vendors - SearchVendors - Search

Vendors – Search (UAMS)Vendors – Search (UAMS)Use Transaction XK03, drop down

search

Vendors – Search (UAMS)Vendors – Search (UAMS)

◦Vendors by Additional Criteria tab Name field - *UNIV*AR*ME* Account Group - AGCY

Vendors – Search (UAMS)Vendors – Search (UAMS)Can use “Binoculars” icon to

search within results◦Example – TREASURER

This will find the first entry containing the word “TREASURER” Use “Binoculars w/plus sign” to find the next entry.

Vendors – Search (UAMS)Vendors – Search (UAMS)

Vendors – Search (UAMS)Vendors – Search (UAMS)To narrow during initial search

◦Name field - *UNIV*AR*ME*◦Name 3 field - *TREASURER*◦Account Group – AGCY

Notice your previous vendor number listed in the Previous Account Number column

Vendors – Search (UAMS)Vendors – Search (UAMS)

Vendors – Search (UAMS)Vendors – Search (UAMS)

Vendors – Procedure Vendors – Procedure changeschangesRoutine analysis – check for:

◦Duplicates by tax ID – FEIN or SSN◦IRS validation of tax ID◦Duplicates by address◦Duplicates by name◦All caps◦USPS abbreviations◦Zip codes for street and P.O. box◦Standard naming according to IRS

Vendors – Procedure Vendors – Procedure changeschangesTwo-step process

◦Analyst Analyze request and add vendor

◦Supervisor Review entry and extend to all agencies

Goal – One day turn-around on requests

If need is urgent – can be expedited

Next MeetingNext MeetingTuesday, September 18th

10 – 11:30ASP Small Commission Room

◦Use Administrative Svcs. Entrance