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Voight Shealy State of South Carolina Materials Management Officer Chief Procurement Officer for Supplies and Services.

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Presentation on theme: "Voight Shealy State of South Carolina Materials Management Officer Chief Procurement Officer for Supplies and Services."— Presentation transcript:

1 Voight Shealy State of South Carolina Materials Management Officer Chief Procurement Officer for Supplies and Services

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3  1979, American Bar Association produced its Model Procurement Code for State and Local Governments 1981, State of South Carolina adopted its Consolidated Procurement Code 24 other states have adopted some form of the ABA’s Model Code  Source: NASPO’s 2012 Survey of State Government Procurement Practices

4  All states have adopted procurement codes  Ours requires political subdivisions to adopt model ordinances  If you expend federal funds, you must follow your procurement policy or the Federal Acquisition Regulations  It’s the buyers v. the sellers ladies and gentlemen

5  What do you think?

6  To protect the citizens of our states from you and me.

7  It was caused by someone else's transgressions

8  Know Your Authority

9  Every state has a central purchasing office  In SC, it’s the Budget and Control Board Procurement Services Division  3 Chief Procurement Officers  Information Technology Management Officer – Mike Spicer  State Engineer – John White  Materials Management Officer – Voight Shealy

10  Vary from state to state  Some are more centralized  Some are more decentralized  Most are center lead

11  To process procurements of the highest complexity as well as statewide term contracts and multi-state cooperative purchases to save money on common items and services used by most agencies.  Large, complex agency buys.  State term contracts  1) to aggregate various agencies’ needs into very large buys for discounted pricing  2) So 100 agencies don’t have to

12  Determined by Each Agency  Know your personal authority

13  To manage procurements for:  Routine needs  Agency expertise

14  Varies state to state from $2,000 to unlimited  In SC, Every State Agency’s authority - $50,000  Higher Limits May Be Requested  All you have to do is hire a competent procurement staff and follow the Code

15  Learn how to write unambiguous specifications that accurately describe the products you need or the services you require.

16  Describe what you need  What should it do? How fast?  Heavy or light duty?  How big? How tall? How long?  Do you care? Don’t spec it if you don’t need it  Spec Quality Necessary  Low Bid Does Not Mean Cheap!

17  For products, most common specifications are "Brand Name or Equal" specs  Name an acceptable make and model or two to describe the quality needed  List Salient Features Desired  What distinguishes this model from all others?  Allow bidders to offer the models listed or other “equal” products

18  Describe what services you need  What must the contractor do? Be Specific!  Spec qualifications required  i.e., Do you want a licensed contractor?  How fast should the response time be?  How many staff should be devoted to your job?  Past experience requirements?  Always require references – Check Them

19  It is vital that your Scope of Work is clear in defining what you expect your contractor to do.  It is vital that you are clear in stating what must be covered in each bidder’s price  Be precise

20  Should Be Open and Competitive.  But:  Every specification imposes a requirement. Therefore, it may limit competition. If necessary, that is fine.  But, it cannot be unduly restrictive.  It's OK to Seek Info From Vendor s Before You Solicit

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22  It’s all about building successful contracts

23  Know your Code’s authorized source selection methods

24  Small Purchases  Competitive Sealed Bidding  Competitive Sealed Proposals  Emergency  Sole Source

25  ALL PROCUREMENTS MUST BE MADE BY ONE OF THE METHODS LISTED ABOVE.

26  In SC, <$50,000  Competition Required  <$2, None  $2, $10, Call for 3 Written Quotations  $10, $49, Advertisement in South Carolina Business Opportunities

27  DO  Be Consistent With Specifications  Call the Required Number of Vendors  Document Calls - Write them down  DON’T  Tell Competitors What Other Vendors Bid  Split Orders

28  Formal process for $50,000 or more  Written solicitations request written bids  Award - Lowest Responsive & Responsible Bidder

29  DO  Allow Bidders Adequate Time to Develop Bids  Make Sure Low Bidder is Responsive and Responsible  Don’t  Base your specifications on a single vendor’s product  Make your specifications overly restrictive

30  Evaluation - Team Scores of Proposals Judged Against Weighted Factors  i.e., past experience with similar projects, innovation in solving our problem, team qualifications, financial stability  Award - Highest Ranked Offeror, not necessarily lowest cost  State your problem - Buy solutions!

31  Allowed only in emergency situations - Threats to Public Health, Welfare, Critical Economy or Safety  Written Determinations Often Required  Authorized Approval Required

32  DO  Plan Your Requirements  Explain the Emergency - What happened?  Compete as Practical  DON’T  Shoot Yourself in the Foot!  “This annual event” – REALLY?!

33  Unique Item or Service and  Available From Only One Source  It’s not the source we like the most  Written Determination Often Required  Authorized Approval Required

34  DO  Search for Competitors  Document Efforts to Find Competition - How do you know it’s a sole source?  DON’T  Play a Bad Hand - if in doubt, compete it

35  Protect Yourself  People are watching As a public manager, it is your duty to ensure that you and your employees comply.

36  Every state (except Massachusetts) has a protest process  In SC, Protests - $50,000 or more  Solicitations - Any Prospective Bidder or Offeror  Awards - Any Actual Bidder or Offeror  Contract Controversies - State or Vendor May File

37  State Auditors  Legislative Auditors  Other Auditors  In SC, Audit and Certification - Performs compliance audits of procurement activity

38  Taxpayers

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