VENDORS MANUAL

Presented byDennis Blackwell, MBA,

CPPB, VCO

PURPOSE

• To introduce the Vendors Manual to some• To refresh the importance of it to others

Vendor’s Manual Contents• Chapter 1 – Authority and Responsibility• Chapter 2 – Procurement Methods• Chapter 3 – General Requirements of Vendors• Chapter 4 – Solicitations• Chapter 5 – Solicitation Responses• Chapter 6 – Evaluation and Award• Chapter 7 – Performance• Chapter 8 - Charges and Collection• Chapter 9 - Appeals

Chapter 1 – Authority and Responsibility

General Info:If there is to be a contract between a state agency and nongovernmental vendor, the VPPA and the regulations set forth by the Division of Purchases and Supply, APSPM (Agency Procurement & Surplus Property Manual) to include this Vendors Manual, apply regardless of the source of funds by which the contract is to be paid.

Department of General Services, Division of Purchases and Supply (DGS/DPS)

• Centralized purchasing agency for materials, supplies, equipment, printing and nonprofessional services

• Has the authority to make, alter, amend, or repeal regulations relating to items above

• Has responsibility for the standardization of the items aforementioned

eVA

• Commonwealth’s electronic procurement system

• www.eva.virginia.gov• Can link to the VPPA, the APSPM, this manual,

recent Procurement Information Memoranda (PIMs) from the eVA homepage

Chapter 2 – Procurement MethodsPolicy

• Contracts shall be awarded after competitive sealed bidding, or competitive negotiation as provided in this manual, unless otherwise authorized by law.

• Competition shall be sought to the maximum feasible extent.

• COV employees are expected to notify and give consideration to qualified small businesses

Set-Asides• Procurements up to $5,000 for DMBE-certified

small businesses.• Procurements over $5,000 to $50,000 for

DMBE-certified small businesses. The agency will solicit four (4)DMBE-certified small businesses.

• Procurements over $50,000 may be set-aside in whole or in part for DMBE-certified small businesses.

Set-Asides Cont.

• Do not apply to mandatory sources of procurement, mandatory statewide contracts, nor to classifications of goods/services specifically exempted by DPS.

Small Purchase Procedures

• Single Quotation• Unsealed (Informal) Bids• Unsealed Proposals

Single Quotation

• Estimated cost is up to $5,000• Receipt of a minimum of one written or

telephone (oral) quotation from a DMBE-certified small business

• Fair and reasonable price

Unsealed (Informal) Bids

• Estimated cost over $5,000 to $50,000• Solicited via eVA Quick Quote, a minimum of

four small businesses• Vendors must be registered in eVA in order to

respond to Quick Quotes in eVA• Quick Quote solicitation and award notices are

not required to be publicly posted

Unsealed Proposals

• Informal Request for Proposal (RFP)• Estimated cost over $5,000 to $50,000• May be solicited by faxback• The buyer or end user may solely evaluate and

rank offers• Negotiations shall be conducted with offerors• Use of small businesses will be a criteria

Sealed (Formal) Bids

• Estimated cost is over $50,000• Publicly posted on the DGS/DPS eVA website• Sealed bids are held, unopened, until the date

and time set in the solicitation.• Publicly opened• Evaluated and awarded based upon the

requirements in the solicitation

Competitive Negotiation (RFP)

• Description in general terms of - what is to be procured

- factors to be used in evaluating - applicable contractual terms and conditions

• Publicly posted on the DGS/DPS website• Public opening is not required

Competitive Negotiation (RFP) Contin.

• All offerors will be furnished identical information.

• Selection shall be made of two or more offerors deemed to be fully qualified and best suited.

• Negotiations shall take place with each offeror.

Emergency Procurement

• May be awarded without competitive sealed bidding or competitive negotiation.

• For procurements over $50,000 a notice will be posted on the DGS/DPS eVA website.

Sole Source Procurement

• Only one source practicably available• Negotiated and awarded to that source

without competitive sealed bidding or competitive negotiation

• If over $50,000, a notice will be posted on the DGS/DPS eVA website or published in a newspaper of general circulation

Chapter 3 – General Requirements of Vendors

Application and Registration• Vendors wishing to register as a regular bidder

or offeror to do business with the Commonwealth must register in eVA.

• The commodity code(s) the vendor selects will determine what solicitations the vendor receives.

• Vendors can register at www.eva.virginia.gov

Responsible Bidder or Offeror

• Be a regular dealer, supplier and/or authorized dealer

• Have the ability to comply with the required delivery or performance schedule

• Have a satisfactory record of performance• Have a satisfactory record of integrity• Have the necessary facilities or resources

Responsive Bidder

• A person who has submitted a bid which conforms in all material respects to the Invitation for Bids.

Non-responsive examples:Failure to sign a bid; failure to return the

required bid documents, substitution of terms

Chapter 4 – Solicitations

Response Time• Normally return of sealed bids is fourteen (14)

to seventeen (17) calendar days after publication of the IFB.

• The minimum time for receipt of a sealed bid or proposal will not be less than ten calendar days from the date issued.

Pre-bid or Pre-proposal Conference

• May be declared mandatory• May be needed for complex or high value

procurements• Cutoff time for late arrivals may be stated• For mandatory, only bids or proposals from

firms at the pre-bid or pre-proposal will be accepted.

Receipt of Sealed Bids or Proposals

• Must be received by the issuing purchase office prior to the date and hour specified in the solicitation

• It is solely the responsibility of the bidder/offeror to ensure the bid or proposal reaches the designated address by the specified date and time shown on the solicitation.

Canceling or Amending a Solicitation

An Invitation to Bid, a Request for Proposal, any other solicitation, or any and all bids or proposals, may be canceled or rejected.

Insurance

Whenever work is to be performed on state-owned or leased property or facilities the contractor shall be required to have insurance. The specific insurance is addressed in Para. 4.12.

Specifications, Questions, and Comments

Vendors are requested to inform the responsible purchasing office whenever they have comments or questions concerning specs or solicitation requirements as early as possible, but at least five (5)working days prior to bid or proposal due date.

Contractor Registration (License)

• State statutes and regulatory agencies require that some contractors be properly registered and licensed, or hold a permit, prior to performing specific types of service.

• An unlicensed vendor submitting a bid or proposal where license is required is in violation and the bid or proposal will be rejected.

Chapter 5 – Solicitation Responses

• Purchase orders or contracts will be issued only to the firm’s name appearing on the bid or proposal form.

• The person signing the bid or proposal must be a person authorized by the bidder or offeror to sign bids or proposals.

• Failure to sign the face of the bid/proposal in the space provided will result in rejection of the bid/proposal except if the unsigned bid/proposal is accompanied by other signed documents indicating their intent.

• A bidder or offeror is not permitted to challenge the validity of the terms and conditions of the IFB or RFP.

• Modification of, or additions to, the General Terms and Conditions of an IFB or RFP may be cause for rejection of the bid or proposal.

• Price should be double checked before submitting a bid or proposal. In the case of errors in the extension of prices, the unit price shall govern.

• A specific date or number of calendar days required for delivery or performance after receipt of order may be stated in the terms and conditions of a solicitation. Otherwise, the vendor must provide a delivery date.

• A bid/proposal may be amended and/or withdrawn by a bidder or offeror if the office issuing the solicitation receives such a request in writing before the due date and hour.

• The request must be signed by a person authorized to represent the person or firm that submitted the bid/proposal.

• Prior to submission of a bid or proposal, alterations may be made, but they must be initialed by the person signing the bid or proposal.

• A bidder may correct mistakes discovered before the time and date set for receipt of bids by withdrawing and replacing or by correcting the bid.

Chapter 6 – Evaluation and Award

• Bids are evaluated, the lowest responsive and responsible bidder is determined, and an award is made to that bidder.

• Proposals are evaluated by the buyer, contracting officer, or an evaluation team, on the basic of the criteria set forth in the RFP.

• Evaluators may request presentations or discussions with offerors, as necessary, to clarify material in the offerors proposals.

• Any bidder or offeror submitting a bid or proposal in response to a solicitation may protest the award or decision to award a contract by submitting such protest in writing to the head of the purchasing office which issued the solicitation no later than ten calendar days after public notice of the award or announcement of the decision to award is made whichever occurs first.

Chapter 7 – Performance

• The receipt of a notice of award establishing a contract does not authorize shipment.

• All supplies and equipment furnished must be new and in first class condition unless the solicitation and contract award specified used items.

• Demonstration, previously rented or reconditioned items are not considered new.

• Substitutions on purchase orders require the prior approval of the purchasing office issuing the award.

• Overshipments may be rejected and returned at the contractor’s expense.

• A contract shall not be assignable by the vendor in whole or in part without the written consent of the state purchasing office issuing the contract.

NON-PERFORMANCE• Buyer may call vendor to attempt to resolve• Procurement Complaint Form• Cure Letter• Default Letter• Debarment• Para. 7.13 to 7.24 covers non-performance in

detail

Chapter 8 - Charges and Collection

Two programs to use charge cards have been established:

• SPCC – Small Purchase Charge Card for transactions up to $5,000

• Gold Card- for purchase transactions up to $50,000

Chapter 9 - Appeals

The DGS/DPS Procurement Appeals Board is established under the Code of Virginia, 2.2-4365, to provide an impartial administrative review of contested decisions on the procurement of non-technology goods made by any agency of the Commonwealth that is required to follow the purchasing procedures set forth in this manual.

Additional Information on Appeals

• For additional information on appeals, read the entire Chapter 9 for details.