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Procurement and Contracting Services. Robert Schur, J.D., DirectorFrank Krappes, Associate Director Administrative Assistants : Sue Butler and Frances.

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Presentation on theme: "Procurement and Contracting Services. Robert Schur, J.D., DirectorFrank Krappes, Associate Director Administrative Assistants : Sue Butler and Frances."— Presentation transcript:

1 Procurement and Contracting Services

2 Robert Schur, J.D., DirectorFrank Krappes, Associate Director Administrative Assistants : Sue Butler and Frances Maizland Construction Contracts Manager, Carol GuyProcurement Contracts Manager, Elizabeth Kelly, J.D.Purchasing Agents-Academic Team: Farrah Bustamante Bob Hendon Kathi LaFollette Purchasing Agents-Administrative Team Linda Meserve Stan Oakland Rick Tensley SciQuest and ACard: John Swaro, Program Administrator Patty Cashen, SciQuest Help Desk Lu Ann Herin, Administrative Assistant, ACard

3 Presented by Bob Schur, J.D.

4 CSU opted out of State of Colorado Procurement Code Effective January 1, 2008 What does this mean for CSU? Dollar thresholds for solicitations remain the same Protests are now handled internally by CSU Can participate in Group Purchasing Organizations (GPOs) E & I, US Communities, National IPA etc. At the discretion of the Procurement office The use of Colorado Correctional Industries for office furniture remains mandated by State Statute Fiscal Rule requirements are not affected by opt out View the Colorado State Procurement Code and State Fiscal Rules at: http://www.purchasing.colostate.edu/pages/manuals.asp

5 Presented by Bob Schur, J.D. and Elizabeth Kelly, J.D.

6 Effective January 1, 2009 Fiscal Rule 2-2 Commitment Vouchers Fiscal Rule 3-1 State Contracts Related Policies

7 Definition: A State approved form Purchase order Contract Travel Authorization Exclusion: Procurement card (ACARD) Most CSU cards have a $3K limit with some up to $5K Commitment Voucher may be used, but is not required for purchases of $5K or less Supporting documentation may include invoice, receipt or other appropriate document Unauthorized Purchases Failure of a person or department to have an approved commitment voucher prior to the purchase of goods or services = Statutory Violation Unauthorized Purchase Process

8 New FR to comply with the Centralized Contract Management System, Personal Services Contracts >$100,000 must include: Performance measures and standards (objective test) Vendor accountability standards specified in the contract; can withhold payment until successful completion /achievement of performance standards. Monitoring requirements to measure both CSU and vendor performance (monitoring must be done by designated contract monitor) Processes to resolve situations in which CSU determines noncompliance, including termination of the contract

9 Intergovernmental Agreements may go silent on choice of governing law without legal approval All other changes to Special Provisions still require legal approval (and usually OSC waiver) Specific prohibition on indemnity by CSU Monitoring of State Contracts for Personal Services (Sponsored Projects are exempt)

10 Review and Approval – Institutions Of Higher Education with Delegation Sponsored Projects Statutory violations/ late contracts Vendor Agreements

11 Presented by Frank Krappes and Farrah Bustamante

12 Legislation that requires formation of Centralized Contract Management System Personal services contracts in excess of $100,000 Construction contracts in excess of $500,000 Centralized Contract Management System will be available to the public via a website maintained by the state Some sections already in effect; CMS effective date is June 30, 2009 Establishes policy of fair and open competition, mechanisms for monitoring, evaluating and reporting contractor performance and location of contract performance

13 Sole Source Contracts for Personal Services: All must be posted on the BIDS system Minimum of three (3) business days If other acceptable contractors are identified, a competitive solicitation must be issued All sole source contracts for personal services will be reported annually to the Legislative Council of the General Assembly The justification provided in support of the sole source and all steps taken in the determination of the sole source will be included in the report

14 Monitoring Contractor Performance: Requires performance measures and standards developed specifically for the contract Performance measures and standards must be negotiated with the contractor prior to contract execution Specifies how CSU and contractor will evaluate each others performance, including: Progress reports Site visits Inspections Review of performance data Monitoring ensures the results, objectives and obligations of the contract are met

15 Contractor Evaluation and Reporting: Evaluating personal services contracts A standardized form to be completed by the Designated Contract Monitor, including the following: Name of the Designated Contract Monitor completing the evaluation form Numerical rating relating to quality Numerical rating relating to cost Numerical rating relating to deadlines Evaluating construction contracts A standardized form to be completed by the Designated Contract Monitor, including the following: Name of the Designated Contract Monitor completing the evaluation form Initial amount budgeted in the contract vs. the actual amount paid Completion date specified in the contract vs. the actual completion date Numerical rating that assesses the overall qualitative performance Numerical rating that assesses the overall safety performance

16 Contractor Evaluation and Reporting: (continued) Evaluation submitted to contactor for review and comment in response to the rating Contractor has dispute rights concerning the evaluation Evaluation and any response from the contractor is submitted centrally at CSU for recording to the Centralized Contract Management System database The evaluation must be made public via website Within thirty days after completion of the contract

17 Location of Contract Performance: Prior to contract execution, the contractor must disclose where the work will be performed, including any subcontracts If any of the work is to be performed outside of the State of Colorado or the United States, including subcontracts Contractor must provide a statement setting forth why it is necessary or advantageous to go outside of Colorado or the U.S. to perform the work

18 Formation of Publicly Accessible Centralized Contract Management System Personal services contracts in excess of $100,000 Construction contracts in excess of $500,000 June 30, 2009 Effective Date All Sole Sources must be posted on BIDS Minimum of three (3) business days Competitive solicitation must be done if other vendors are identified Specifics on how CSU and Contractor will evaluate each others performance Standardized form to evaluate Personal Services contracts Four (4) items to complete evaluation Standardized form to evaluate Construction contracts Five (5) items to complete evaluation Evaluation submitted to contractor for review Contractor has dispute rights Evaluation and Contractor comments submitted to CSU for input into Centralized Contract Management System Must be posted within 30 days Prior to contract execution, contractor must disclose where work will be performed If any work to be performed outside Colorado or United States, vendor must provide statement indicating why it is advantageous to have the work performed outside Colorado or the country Including subcontractors

19 Presented by Farrah Bustamante and Stan Oakland

20 A.K.A green purchasing What is environmentally preferable? Products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. CSU Purchasing Power of $250M+ We can make a big impact with everyday purchases CRS 24-103-207.5: Can apply up to a 5% preference for green or environmentally friendly products Preference may exceed 5% If cost of ownership life cycle analysis establishes long term savings

21 What is greenwashing? When a company or organization spends more time and money claiming to be green through advertising and marketing than actually implementing business practices that minimize environmental impact. What can you do on campus to be green? Look for Eco-labels or Certifications Energy Star, Forest Stewardship Council, EPEAT, GreenSeal etc. Use office paper with a minimum 30% PCW CSU uses approx. 278,352 pounds of paper per year 77.5 % (or about 215,641 pounds) of the paper has NO recycled content Want to know how our paper choices impact the environment? Paper Calculator shows the environmental impacts of different papers (virgin vs. various PCW) across their full lifecycle http://www.edf.org/papercalculator/ Use flat screen monitors Set office copier to sleep when not in use Saves up to 40% on energy costs Require all office copiers/printers duplex Buy Energy Star or EPEAT rated electronics Use computer/electronics exchange programs Dell Disposal Service, HP Trade-In Program, Apple Recycling Program Use green cleaning products And a lot more……

22 What are some other ways to be green? Planet Partners Program Toner/ink cartridge recycling program directly with HP Ensures cartridges do not end up in landfill Will allow CSU to receive over $50K worth of Energy Star compliant printers/copiers For more information visit: http://www.purchasing.colostate.edu/pages/planet_partners. asp http://www.purchasing.colostate.edu/pages/planet_partners. asp Revised delivery schedules for high volume vendors MWF deliveries for toner/ink cartridges and office supplies Green products are indicated on SciQuest Plan ahead and consolidate purchases

23 Presented by Procurement and Contracting Services Staff

24 How can you maximize your solicitation? Get PCS involved at the onset of procurements which will require source selection Planning/Funding Meetings Funding Review/Recommendation Boards/Committees Plan ahead and try to consolidate your purchases Consult with Purchasing Agent to discuss best source selection method (DQ, IFB, RFP, ISS) for your project Requisition Dollar Thresholds Departmental Discretion Up to $5K for goods or services Purchasing Agent discretion Up to $10K for goods and $25k for services

25 What are the differences between source selection methods? Documented Quote DQ Dollar thresholds For goods $10,000 to $150,000 For Services $25,000 to $150,000 More flexible than other source selection method Generally, short turnaround time Minimum of three (3) business days Can evaluate on more than price Vendor negotiations

26 Differences between source selection methods (continued): Invitation for Bid IFB For procurements over $150,000 for both goods and services Not as flexible as DQ Formal, sealed response Must be posted for at least 14 calendar days Evaluate responses on lowest price which meets objective specifications only Cannot have lock out specifications (proprietary, patented, etc.) Two Step Invitation for Bid Explanation

27 Differences between source selection methods (continued): Request for Proposal RFP Generally for procurements over $150,000 More complex than DQ or IFBs Formal, sealed response Must be posted for at least 30 calendar days Must have a committee of at least three (3) evaluators Cannot include Purchasing Agent RFP process can take at least 90 days after posting Can evaluate on other criteria besides price Objective and subjective criteria Cannot have lock out specifications (proprietary etc.)

28

29 Forms for Reporting SB228 Compliance Web-accessible database for all CSU Contracts Implementation of a single Contract Request Form in place of many standard contract forms Small Business Supplier Showcase February 24, 2009 Will highlight Small, Minority and Disadvantaged Businesses SQ/Kuali Integration


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