How To Respond To A Bid/RFP AASBO Spring Conference April 05, 2012 Gary Barkman, Buyer Bill Munch, Director of Purchasing Mesa Unified School District #4 gabarkma@mpsaz.org blmunch@mpsaz.org Vendor Registration • Individual School Districts • http://www.azed.gov/school-district-web-sites/ • Greater Phoenix Purchasing Consortium of Schools (GPPCS) • http://www.ajusd.org/departments.cfm?subpage=370725 • AZ Purchasing • http://www.azpurchasing.org/ • State Procurement Office (SPO) – ProcureAZ • http://spo.az.gov/ProcureAZ/default.asp • Mohave Educational Services Cooperative (MESC) • http://www.mesc.org/bidder_signup.html • The Cooperative Purchasing Network (TCPN) • http://www.tcpn.org/ Bids/RFPS What’s the Difference? Bids and proposals are used to make purchases with costs above the competitive sealed threshold • Bids are… Proposals are… • Formal requests for offers from the school district. Formal requests for offers from the school district. • Formal offers from vendors. Formal offers from vendors. • Firm as received. No negotiation is allowed. Subject to revision by means of best & final offers. • Awarded to the lowest responsible and responsive bidder. Awarded to the vendor whose proposal is determined to be most advantageous to the District, • Utilized most often for commodity or services purchases where the requirements can be clearly defined and award is based primarily, but not solely, on price. Utilized most often for commodity or services purchases where the requirements are not clearly defined and award is based primarily on factors other than price. Awards of Bids (IFB) • Awarded to the lowest responsible (bidder who has the financial resources, personnel, facilities, integrity, and overall capability to complete a contract successfully) and responsive (a bid which meets all the terms, conditions and specifications of the IFB) bidder whose bid conforms in all material respects to the requirements and evaluation criteria set forth in the IFB. • Only objectively measurable criteria shall be applied in determining the lowest bidder: transportation cost, energy cost, ownership cost or other identifiable costs, lead time, delivery within number of days ARO. • Cannot award to a bidder submitting a higher quality item than that designated unless the bidder is also the lowest responsive and responsible bidder. Samples Samples of items, when requested, • furnished free of charge • if not destroyed will, upon request, be returned at the bidder’s expense Label individual sample • bidder’s name • manufacturer’s brand name and number • Bid/RFP number • item reference DO NOT submit samples unless you are specifically requested to do so Award of Proposals (RFP) • Awarded to the vendor whose proposal is the most “advantageous to the school district” means in the best interest of the school district; does not necessarily mean lowest bid/cost • Evaluation Criteria  “listed in relative order of importance”  point value or weighted value Evaluation Criteria Representatives of the District will evaluate the proposals and determine which proposals are acceptable and which are unacceptable for further consideration. If multiple proposals are determined to be acceptable for further consideration, the District reserves the option to call for and enter into discussions (interviews) with the firms considered most likely to meet the requirements for the purpose of negotiations, on pricing and/or other portions of the proposal, if considered by the District to be in the best interest of the District. The evaluation criteria are listed below in relative order of importance. District’s assessment of the offerors: A. Abilities: to meet and satisfy the needs of the District, taking into consideration additional services, specialized services or expertise offered that exceed the requirements, or the vendor’s inability to meet some of the requirements of the specifications. A. Qualifications: to provide the District with these services for the required period of time, provide appropriate staffing, provide necessary resources and show a history of demonstrated competence in providing these services to other school districts. A. Cost: While cost is a significant factor in considering the placement of the awards, it is not the only factor. The award will not be based on price alone, nor will it be based solely upon the lowest fees submitted. A. Response to the proposal in clearly stating and understanding the scope of work, and in meeting the requirements of the RFP. Evaluation Criteria (Cont.) Evaluation Representatives of the District will evaluate the proposals and determine which proposals are acceptable and which are unacceptable for further consideration. If multiple proposals are determined to be acceptable for further consideration, the District reserves the option to call for and enter into discussions (interviews) with the firms considered most likely to meet the requirements for the purpose of negotiations, on pricing and/or other portions of the proposal, if considered by the District to be in the best interest of the District. The evaluation criteria are listed below in relative order of importance. District’s assessment of the offerors: 1. Pricing/Warranty – While cost is a significant factor in considering the placement of the awards, it is not the only factor. The award will not be based on price alone, nor will it be based solely upon the lowest fees submitted. Please provide warranty information. 1. Qualifications/Experience of the offeror, Financial and otherwise, to provide the District with these services for the required period of time, provide appropriate staffing, provide necessary resources and show a history of demonstrated competence. Please list the name of each technician, number of years of experience in installation of complete systems and new components. 1. Response/Service Time for Technical Support. Response time is defined as the time between the initial call and return response for support. Vendors should indicate their average response time for technical support calls in their proposal. 1. On-site Training. Your response should include the number of hours that are provided for on-site training for initial package installations and for future onsite training as needed. 1. Responsiveness of the Proposal in clearly stating and understanding the scope of work, and in meeting the requirements of the RFP. 1. Value Added Services. District’s assessment of the offerors abilities to meet and satisfy the needs of the District, taking into consideration additional services, or expertise offered, that exceed the requirements of the specifications. Specifications • Brand name or equal – Manufacturers’ name or catalog number is used to describe the standard of quality, performance or other characteristics to meet the district’s requirement, and provides for submission of equivalent products. • Brand name specification – limited to one or more items by manufacturers’ names or catalog numbers. District determines that only the identified brand name item will satisfy the needs. (i.e. –interscholastic – footballs, locks) • Proprietary specification – having the exclusive right to manufacture and sell an item, and excludes other materials with similar quality, performance or functional characteristics. (i.e. – Apple OS needed for some programs). Pre-Bid Conference When: • Unfamiliar products or services • Complicated procurements • Solicitations resulting in a number of vendor questions Why: • Opportunity to ask questions in a public forum • Provide clarification of the solicitations requirements • Determine if the solicitation should be revised - Addendum “Piggybacking?” • Using competitive Bids/RFPs obtained by other governmental entities – municipals, county, state, federal governmental agency, purchasing cooperatives. • Avoid the time consuming process of soliciting bids for the same commodity or service. • Obtain economies of scale. Potential volume identified • Vendor can choose not to open bid to others. Response Preparation • Read the solicitation. • Mandatory vs. permissible language. • Submit questions to the contact person identified in the solicitation. • Do not rely on verbal response – wait for the addendum. • Is there a pre-bid conference and is it mandatory? • Submit your response on the forms provided or their substantial equivalent. Response Preparation (Cont.) • Note any exceptions or deviations to the specifications. • All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent, and must be initialed in ink by person signing bid. • Indicate any part of the submittal that should be considered “confidential”. • Include a copy of any proposed contract. • Sign Offer & Acceptance. Offer and Acceptance • OFFER AND ACCEPTANCE Tab 3 • • • • • • • • • • • • • • • • • • • • • • CERTIFICATION By signature in the Offer section below, the offeror certifies: 1. The submission of the offer did not involve collusion or other anti-competitive practices. 2. The offeror shall not discriminate against any employee or applicant for employment in violation of State Executive Order 99-4, 2000-4 or A.R.S. §§ 41-1461 through 1465. 3. The offeror has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. Failure to provide a valid signature affirming the stipulations required by this clause shall result in rejection of the offer. Signing the offer with a false statement shall void the offer, any resulting contract and may be subject to legal remedies provided by law. 4. The Offeror warrants that it and all proposed subcontractors will maintain compliance with the Federal Immigration and Nationality Act (FINA), A.R.S. §§ 41-4401 and A.R.S., §§ 23-214 and all other Federal immigration laws and regulations related to the immigration status of its employees which requires compliance with federal immigration laws by employers, contractors and subcontractors in accordance with the E-Verify Employee Eligibility Verification Program. 5. In accordance with A.R.S. §§ 35-392, the Offeror is in compliance and shall remain in compliance with the Export Administration Act. 6. In accordance with A.R.S. §§ 35-391, the Offeror does not have scrutinized business operations in Sudan. 7. In accordance with A.R.S. §§ 35-393, the Offeror does not have scrutinized business operations in Iran. 8. In accordance with A.R.S. §§15-512, the offeror shall comply with fingerprinting requirements unless otherwise exempted. The Undersigned hereby offers and agrees to furnish the material, service or construction in compliance with all terms, conditions, specifications, and amendments in the Solicitation and any written exceptions in the offer. • • Arizona Transaction (Sales) Privilege Tax License Number: __________________________________________ For clarification of this offer, contact: Name: _____________________________ • Federal Employer Identification Number___________ Phone:______________________________ • Fax: _______________________________ • Tax Rate: _________________________________% E-Mail: _____________________________ • _________________________________________ ___________________________________ • • Company Name _________________________________________ Signature of Person Authorized to Sign Offer ___________________________________ • • • Address _________________________________________ City State Zip » ACCEPTANCE OF OFFER The offer is hereby accepted. Printed Name ___________________________________ Title • • The Contractor is now bound to sell the materials or services listed by the attached contract and based upon the solicitation, including all terms, conditions, specifications, amendments, etc., and the Contractor’s Offer as accepted by the School District/public entity. • This contract shall henceforth be referred to as Contract No._____________________________________. • The Contractor has been cautioned not to commence any billable work or to provide any material or service under this contract until Contractor receives purchase order, contract release document, or written notice to proceed. » Awarded this _________ day of _________ , 20XX » _______________________________________________ AUTHORIZED SIGNATURE Offer and Acceptance • Sign the Offer and Acceptance • Authorized Signer • Submit an Original Signature • “Acceptance of Offer” section is completed by the District • Note the Certifications Response Submittal • Submit your response on time. Late submittals will be rejected. • Do not fax response. • Seal the package. • Clearly indicate the name of the solicitation, solicitation number, and due date and time on the outside of the submittal package. • Ensure vendor name and address is shown on outside of submittal package. One more time, SUBMIT YOUR RESPONSE ON TIME! Modifications & Withdrawals • Allowed at any time before opening if received at specified location prior to due date and time. • If retrieved after it has been time and date stamped, it is no longer officially received. Mistakes After Bid Opening • The District shall either waive minor informalities in a bid or allow the bidder to correct them if correction is advantages to the District. • A mistake based on an error in judgment may not be corrected or withdrawn and vendor is obligated to perform. • If a bid mistake and the intended bid are evident on the face of the bid, bid may not be withdrawn but shall be corrected to the intended bid. Bid Withdrawal Withdrawal permitted if: • Nonjudgmental mistake is evident on the face of the bid but the intended bid is not evident; or • Bidder establishes by clear and convincing evidence that a nonjudgmental mistake was made. • Mistakes cannot be corrected after award of the contract except where the school district determines that it would be unconscionable not to allow the mistake to be corrected. Gratuities • It is not only unethical but illegal for any person to give, offer or agree to give any purchasing employee, or for any employee to solicit, demand, accept or agree to accept from another person a gratuity or an offer of employment in connection with influencing any decisions. How To Respond To A Bid/RFP • QUESTIONS? • QUESTIONS? • QUESTIONS?