Transcript PowerPoint Presentation - California Association of School Business

APRIL 3-6, 2013, LONG BEACH, CA
APRIL 3-6, 2013,
LONG BEACH,
CA
Cooperative
Purchasing
Programs
Cooperative Purchasing Programs
• This material is presented by CASBO Southern
Section Purchasing Professional Council as
information for school districts, county offices of
education, and community college districts. It has not
been reviewed by State CASBO for approval, and
therefore, is not an official statement of CASBO.
• Content is provided for informational purposes only.
All legal documents and opinions should be
discussed and approved by the individual entity’s
legal counsel.
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Cooperative Purchasing Programs
• Piggyback Bids
• State Contracts
• Cooperative Purchasing Groups
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Piggyback Bids
Definition of Piggybacking:
A procedure of procuring materials, supplies or
equipment by utilizing another public entity’s
award of an Invitation to Bid or Request for
Proposal.
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Piggyback Bids
Legal Basis for Piggybacking:
Public Contract Code Section 20118
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Piggyback Bids
In order for a bid to be piggybackable:
1) The original bid by the awarding agency
must contain a piggyback clause
2) The awarded vendor must agree that your
agency can piggyback on the contract
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Piggyback Bids
Steps to follow for successfully participating
(piggybacking) on another agency’s bid:
1) Contact the awarding agency and have them
forward you a copy of their bid documents
2) Verify the Terms and Conditions meet your
district’s requirements.
3) Verify the bid was advertised and awarded
legally
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Piggyback Bids
Steps to follow for successfully participating
(piggybacking) on another agency’s bid:
4) Verify the bid is still valid (check expiration
date and possible contract renewals)
5) Verify that it’s in the best interest of your
district
6) Take to your Board for approval
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Piggyback Bids
Other Considerations:
- bonds
- payment process
- using a piggyback clause in your
district’s bids
- annual blanket board approval for use of
piggyback bids and other cooperative
purchasing contracts
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Piggyback Bids
Sample piggyback clause:
Other school districts and public agencies may purchase under this
bid at the same prices, terms and conditions stated in these bid
documents, at the discretion of the successful bidder.
Agencies participating in this bid shall be responsible for obtaining
approval from their approving body of authority when necessary
and shall hold the (School District/Public Entity Name) harmless
from any disputes, disagreements or actions which may arise as
a result of using this bid.
The (School District/Public Entity Name) waives its right to receive
payment, and authorizes each district to make payment and
place orders directly to the successful bidder.
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Piggyback Bids
Pros:
- time constraints
- smaller districts
- unfamiliar with product/technology
Cons:
- may get better deal with own bid
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Piggyback Bids
Can you piggyback on an RFP (Request
for Proposal) for services?
Can you piggyback on an E-Rate bid?
Can you piggyback on a construction bid?
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Piggyback Bids
Can you purchase through a bid that was
not done in your county or state?
• CA Govt. Code 6500 defines “public agency” as
including the federal government and other
states/agencies
• Check bid conditions for geographical limitations
• Check with your own legal counsel and/or County
Office of Education
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State of California Contracts
Legal Basis for utilizing State Contracts:
Public Contract Code Sections
10298 and 10299
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State of California Contracts
State Contracts are also termed Leveraged
Procurement Agreements (LPAs)
State of California Procurement Division
website for LPAs:
http://www.dgs.ca.gov/pd/Programs/Leveraged.aspx
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State of California Contracts
Types of State Contracts:
• California Multiple Award Schedule (CMAS)
• Western States Contracting Alliance (WSCA)
• Statewide Commodity Contracts
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State of California Contracts
California Multiple Award Schedule (CMAS)
http://www.dgs.ca.gov/pd/Programs/Leveraged/CMAS.aspx
• PCC 10298 and 10299 authorizes
• Not competitively bid by State of CA, but based on a
bid awarded on the Federal General Services
Administration (GSA) schedule
• Local agencies no longer pay fees to CMAS
• Process to utilize a CMAS contract
• Services excluded from the CMAS program
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State of California Contracts
Western States Contracting Alliance (WSCA)
http://www.dgs.ca.gov/pd/Programs/Leveraged/wsca.aspx
http://www.aboutwsca.org
• Uses a “lead state” model in issuing cooperative
solicitations
• Available to all State of CA governmental entities
• When searching for contracts, recommend using the
State of CA DGS website, to ensure that CA has
elected to participate in a particular contract
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State of California Contracts
Statewide Commodity Contracts
http://www.dgs.ca.gov/pd/Programs/Leveraged/contracts.aspx
• CA DGS Procurement Division administers contracts
for use by State and Local government agencies
• Contracts are developed through competitive bidding
• Check each contract’s user instructions to determine
if contract is available to local government agencies
and if fees to DGS Procurement Division apply
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Other Cooperative Purchasing Groups
CalSAVE
http://calsave.org
http://www.aepacoop.org
• Operated by Monterey County Office of Education
• Provides competitive piggybackable bids for use by
California K-12 education and other public agencies
• Often utilizes AEPA bids (national organization)
• Focus is on technology and instructional materials
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Other Cooperative Purchasing Groups
U.S. Communities
http://www.uscommunities.org
• Bids issued by Lead Public Agency on behalf of
U.S. Communities and 90,000 public agencies
• Bid solicitations are advertised nationally
• Participating agencies must register with
U.S. Communities
• Wide variety of contracts available
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Other Cooperative Purchasing Groups
The Cooperative Purchasing Network (TCPN)
http://www.tcpn.org
• Bids issued by Lead Public Agency
• Bid solicitations are advertised nationally
• Participating agencies must participate via agreement
with TCPN terms and conditions
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Other Cooperative Purchasing Groups
National Intergovernmental Purchasing
Alliance Company (National IPA)
http://nationalipa.org
• Bids issued by Lead Public Agency
• Agencies complete a participation form and are
assigned an NIPA Participating Agency number
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Cooperative Purchasing Programs
Questions?
Thank You!
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