Transcript Personal Service Contract Review Board PSCRB Staff Director: Tess Funches Contract Analysts: Terri Ashley Eric Davis ç Alicia Coleman Sandra Edwards Administrative Assistant: Luetitia Moore Attorney: Sara DeLoach, Special.

Personal Service Contract Review
Board
PSCRB Staff
Director: Tess Funches
Contract Analysts:
Terri Ashley
Eric Davis
ç
Alicia Coleman Sandra Edwards
Administrative Assistant: Luetitia Moore
Attorney: Sara DeLoach, Special Assistant Attorney General
2
Contract
Workers
ç
• Contract workers which cumulatively
exceed $100,000 are under PSCRB
purview
• Agencies issue a new paper contract each
year, but the SPAHRS
entry is renewed
ç
• The May 15 deadline for renewals does
apply to contract workers
• The contract should support the requested
spending authority
4
Independent
Contractors
ç
Purchasingç Levels and
Requirements
Levels of Purchases for
Personal Service Contracts
1. $50,000 or less
•
ç 3-204.05
PSCRB Regulations
2. $50,000 - $100,000
•
PSCRB Regulations 3-204.03
3. Cumulative value exceeds $100,000
7
Service Contracts with a cumulative value
over $100,000
1. Complete procurement is required
2. Lowest responsible bidder or best
proposal
ç
3. Contract and procurement submitted for
PSCRB approval prior to execution
(emergency contracts are submitted
executed)
8
Procurement
ç
Traditional Methods of Procurement
 Emergency
 Sole source
 Invitation for Bids (IFB)
ç
 Request for Proposals
(RFP)
New Option
 Preapproved Vendor Lists
10
Emergency Procurements
PSCRB Regulations – Section 3-206
“The
Head of a Purchasing Agency, or a designee,
ç
may make or authorize others to make emergency
procurements…provided that such emergency
procurements shall be made with such competition
as is practicable”.
11
Emergency Procurements
(continued)
1. Reasons to declare an emergency
defined in section 3-206.02
2. Contract must contain
required clauses
ç
3. Time-limited contract
4. If value exceeds $100,000, the executed
contract shall be submitted to the PSCRB
within 10 days of execution for PSCRB
review
12
Emergency Procurements
(continued)
If it is not a verifiable emergency, it
ç
may result in individual
liability
13
Sole Source Procurement
PSCRB Regulation—Section 3-205
 Sole-source procurement may only be
used when the Agency Head (or designee)
determines in writing
ç that there is only one
source for the required service and gives
the basis for this determination.
 The Agency will conduct negotiations as to
price, delivery and terms with the solesource vendor.
14
IFB and RFP
Invitation for Bid
1.
2.
3.
4.
5.
6.
Request for Proposals
Bids opened publicly
1.
Unconditionally
2.
accepted
After bid opening, no
ç3.
changes shall be
permitted
Discussions not allowed 4.
Lowest responsible
bidder
5.
Section 3-202
6.
Proposals opened privately
Shall include evaluation
factors (only use factors in
RFP)
Allows for negotiations and
discussions
Discussions allowed/price
adjustment
Award made to most
advantageous proposal
Section 3-203
15
Procurement
Timeline
ç
Mon
Sun
5
12
19
26
6
13
20
27
Mon
Sun
2
9
16
23
30
3
10
17
24
Mon
Sun
7
14
21
28
1
8
15
22
29
Tues
7
14
21
28
Tues
4
11
18
25
Tues
2
9
16
23
30
May
Sat
Wed Thurs Fri
4
3
2
1
11
10
9
8
18
17
16
15
25
24
23
22
31
30
29
•
The effective date of the contract
is July 1. It should be approved
prior to execution and the start
date
June
Wed Thurs Fri
•
The June 2013 PSCRB meeting
is scheduled for June 18.
•
The PSCRB contract due date
is 15 working days prior to the
meeting date of June 18. The
submission deadline is May 28.
•
Usual evaluation time is at least
one week (May 20 – 24).
5
12
19
26
6
13
20
27
Sat
7
14
21
28
1
8
15 ç
22
29
July
Sat
Wed Thurs Fri
6
5
4
3
13
12
11
10
20
19
18
17
27
26
25
24
31
17
Mon
Sun
5
12
19
26
6
13
20
27
Mon
Sun
2
9
16
23
30
3
10
17
24
Mon
Sun
7
14
21
28
1
8
15
22
29
Tues
7
14
21
28
Tues
4
11
18
25
Tues
2
9
16
23
30
May
Sat
Wed Thurs Fri
4
3
2
1
11
10
9
8
18
17
16
15
25
24
23
22
31
30
29
June
Wed Thurs Fri
5
12
19
26
6
13
20
27
•
The proposal due date should be
May 20.
•
PSCRB requirements are for 2
ads to be run – and the opening
can be no sooner than the
EIGHTH business day after the
second ad run date.
•
The due date is May 20. The last
ad must have run May 8.
•
The first ad run 7 DAYS prior –
May 1.
Sat
7
14
21
28
1
8
15 ç
22
29
July
Sat
Wed Thurs Fri
6
5
4
3
13
12
11
10
20
19
18
17
27
26
25
24
31
18
Point to Consider
Is advertising necessary if an agency wants
to contract with an entity not under PSCRB
purview? (eg. MSU, çUSM, Ole Miss)
19
ç
Procurement
Requirements
Required çClauses for
Procurements
1. Applicable Law
2. Availability of Funds
3. Procurement
Regulations
4. Compliance with
Laws
5. Stop Work Order
6. Representation
Regarding
Contingent Fees
7. Representation
Regarding Gratuities
8.
Acknowledgment of
Amendments
9.
Certification of
Independent Price
Determination
PROSPECTIVE
CONTRACTOR’S REP.
REGARDING
CONTINGENT FEES
E-Payment
E-Verify
Transparency
Paymode
10.
ç
11.
12.
13.
14.
22
Representation Regarding Contingent Fees:
The Contactor represents that is has not retained a person to
solicit or secure a State contract upon an agreement or
understanding for a commission, percentage, brokerage, or
contingent fee, except as disclosed in the contractor’s bid or
proposal.
ç
Prospective Contractor’s Representation Regarding
Contingent Fees: The prospective contractor represents as a
part of such contractor’s bid or proposal that such
contractor has/has not retained any person or agency on a
percentage, commission, or other contingent arrangement
to secure this contract
23
Points to Consider
1. Can we change the standard terms
and conditions?
2. Can we allow the contractor’s
ç
exceptions to the terms and
conditions over-rule the actual
contract?
24
Evaluationç Procedures
Evaluating Bids
1. Bids are evaluated on price
2. The contract is awarded
to the
ç
vendor who submits the lowest cost
26
 PSCRB required evaluation factors for
RFP’s:
1. The plan for performing the required services
2. Ability to perform the services as reflected by
technical training and education, general experience,
specific experience in providing the required services,
and the qualifications
ç and abilities of personnel
proposed to be assigned to perform the services
3. The personnel, equipment, and facilities to perform
the services currently available or demonstrated to be
made available at the time of contracting
4. Record of past performance of similar work
5. Price
27
Points to Consider
1. In my RFP, can I use more evaluation criteria
than is listed in the PSCRB regulations?
2. Do I have to use a 100-point scale?
3. Regardless of the evaluation, can we award to
ç
any participating vendor?
4. How do I properly reject a vendor?
A. Unacceptable
B. Non-responsive
C. Non-responsible
28
Points to Consider
1. Can we renegotiate terms from the
RFP/IFB with my selected contractor?
2. Can we change the scope of services
from the RFP/IFB çwith my selected
contractor?
3. Can price be negotiated?
29
CONTRACT INFORMATION
ç
Required Clauses - Contract
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Applicable Law
Availability of Funds
Representation Regarding Contingent Fees
Representation Regarding Gratuities
Procurement Regulations ç
Compliance with Laws
Stop Work Order
E-Payment
E-Verify
Transparency
Paymode
31
Renewal
versus
ç
Modification
A renewal is based on optional terms
contained in the contract. The renewal
will add additional time to the contract
term.
ç
A modification is to change any other
item in the contract (e.g. scope of
services increase)
33
Renewal Terms
1. Renewal terms are OPTIONAL.
2. Contract must have “active” renewal terms.
3. Renewals must be exercised prior to the
expiration of the contract
ç
4. Agency issues the renewal as an amendment or
modification to the contract – not a new contract
5. If your contract does not contain renewal terms,
you cannot renew the contract
34
Renewal Terms (continued)
1. Renewals are under same terms and
conditions as original contract
2. Renewals need PSCRB approval (prior to
contract expiration)ç
3. Renewals for the new fiscal year should
be submitted by May 15
35
Modifications
1. Cannot modify to increase spending authority
without a change in scope or an increase in the
population served
2. If PSCRB approved the
ç contract, all
modifications must also be approved (even
decreases)
3. Modifications are made through an amendment
(not by issuing a new contract)
36
Insurance
•
If insurance is required, a CURRENT
certificate should be submitted (we
suggest it be submitted with the vendor
response but it must
ç be submitted prior to
work beginning)
•
A suggestion is the Agency being a
certificate holder
37
Insurance (continued)
•
•
•
Cannot change (reduce/increase)
coverage requirements because selected
vendor does not have coverage
If you will require insurance,
this should
ç
be made clear in the procurement
Insurance requirements between the
procurement and the contract must be
consistent
38
Travel Expenses
•
•
If funds will be paid for travel expenses,
there should be information
in the contract
ç
allowing payment
Travel expenses paid should be based on
state rates (this should be specified in the
contract)
39
Termination of contracts
•
•
If the agency terminates a contract, the PSCRB
staff should be notified and the contract
terminated in SPAHRS. A termination does
require Board approval.
ç
After all outstanding invoices
have been paid, the
requested spending authority in SPAHRS should
be reduced to the amount paid. AFTER PSCRB
staff approves the reduction, the termination date
should be entered into SPAHRS
40
Submission Information
ç
PSCRB Submission Deadlines
Due 15 business days prior to PSCRB
meeting.
ç
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







Complete Contract Packet
Notice of Publication
Invitation for Bids or Request for Proposals
Selected vendor’s response
Documentation required
by
ç
procurement/contract
Evaluation material, including all vendors’
pricing information
Contract unsigned, unless emergency contract
Protest memo
Other pertinent information
43
Points to Consider
1. SPAHRS information (start date, end
date, total requested spending
authority, vendorç name, etc.) must
match the contract
2. The requested spending authority
should be for the entire initial term
44
Contract Review Diagram
Review of Procurement
E-Submit
Approved
in SPAHRS
E-System
Archives
Review for
Compliance
ç
Signed
Contract
PSCRB
Approves
Review for
Legal
Compliance
Questions
Answered
Executive
Summary
45
PSCRB Meetings
The PSCRB meets the Tuesday before the third
Thursday of each month at 9:00 AM.
The Chair will call additional meetings as necessary
ç
Meeting Dates/times are posted
on the MSPB website
Location for meetings:
210 East Capitol Street, Jackson, MS 39201
Second Floor, Regions Plaza
Board agenda is prepared by the PSCRB staff.
Contracts are presented to the Board by PSCRB
Consultants
46
Contract execution:
•
•
•
Contracts are executed only after the Board approval
If the Board approved a renewal, the renewal
document must be executed, submitted and
approved in SPAHRS prior to the expiration of the
ç
initial term
The vendor should have reviewed the contract prior
to it being submitted to the PSCRB. If the contractor
requests changes after the Board approves the
contract, it will have to go back before the Board
47
Questions and
Answers
ç
48
Contact Information
ç
49
Tess Funches
[email protected]
601-359-2709
ç
Alicia Coleman
[email protected]
601-359-2796
50
Terri Ashley
[email protected]
601-359-6580
Eric Davis
ç
[email protected]
601-359-2727
Sandra Edwards
[email protected]
601-359-2724
51
ç