Arkansas Procurement Rules Revisions Ray S. Pierce Attorney, Office of State Procurement
Most are noncontroversial Most of the rules changes were 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 changes R1:19-11-244 – 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 cont The 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 statutory changes R4:19-11-265. 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 statutory changes And 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 changes The 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 additions R4:19-11-203 – 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 Training A new rule to clarify the State Procurement Directors authority to require State agency procurement personnel to be trained in State Procurement law and policy.
More additions R3:19-11-245 (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 finally R1:22-8-102 – Authority of the Director New rule to require all vehicle lease solicitations be processed by the Office of State Procurement.
Any final questions or 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, email@example.com, if you have additional questions or comments.
Possible statewide contracts Electrical supplies Plumbing supplies Cintas – Uniforms & Shredding – US Communities contract
OSP 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 OReilly - 01/12/2012 – 12/31/2012
Awarded Vehicle Parts Suppliers WSCA Contracts: AutoZone OReilly 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 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.
Sophisticated Web Sites Parts Search Engines View the suppliers catalog Save the jobs youve worked on Save job quotations or recurring quotes Look up the supplies you might need on a job Instructional videos
In Summary… AutoZone, NAPA and OReilly 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 suppliers price Use P-Card to lower costs and for convenience
Questions from the Audience We at OSP value your questions and opinions Each month we will respond to some of the general questions asked from the audience
Is OSP working on an on-line training for P-cards? There is a webinar available Travel card training will be available in the fall
Fuel Card is Changing by 2/1/13 Currently Voyager Transitioning to Wright Express Roll will be in phases, you will be notified Early volunteers???
How do I handle a lost 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.
Vendors – Search (UAMS) Use Transaction XK03, drop down search
Vendors – Search (UAMS) Vendors by Additional Criteria tab Name field - *UNIV*AR*ME* Account Group - AGCY
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 – Procedure changes Routine 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 changes Two-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 Meeting Tuesday, September 18 th 10 – 11:30 ASP Small Commission Room Use Administrative Svcs. Entrance