The Office of Procurement Personal Services Contracting The Office of Procurement Procurement Staff • • • • • • Monique Corley, Director Vacant – Contracts over $75K Lorraine Wince – Grants Madeleine Morris – Contracts under $75K Vacant – Purchasing Vivian Taylor – Purchasing ©MDE – Basics of Personal Services Procurement 2 The Office of Procurement • Responsible for reviewing and approving personal service and professional contracts • Reviews and approves grant methodologies for the discretionary and competitive grant awards entered into by the Department • Provides technical assistance and training to department staff regarding procurement related items ©MDE – Basics of Personal Services Procurement 3 The Office of Procurement What agencies govern the Procurement Office for contractual services? ©MDE – Basics of Personal Services Procurement 4 Agency Purview • MS Department of Finance and Administration – Commodities (Office of Accounting at MDE) • MS Department of Information and Technology Services – IT Related products and services (Office of Technology and Strategic Services at MDE) • Personal Services Contract Review Board – Personal Services contracting (Office of Procurement at MDE) ©MDE – Basics of Personal Services Procurement 5 Personal Services Contract Review Board (PSCRB) Personal Services Contract Review Board Rules and Regulations ©MDE – Basics of Personal Services Procurement 6 Personal Services Contract Review Board (PSCRB) • Established by 1997 Mississippi Legislature MS Code Annotated 25-9-120 authorized PSCRB to promulgate rules and regulations governing the solicitation and selection of contractual services • Applicable only to the procurement of personal and professional services in excess of $75,000 ©MDE – Basics of Personal Services Procurement 7 The Office of Procurement • The Mississippi Department of Education Contract Procurement Policy are aligned with the PSCRB rules and regulations which applies to the procurement, management, and control of all personal and professional services. • These procedures shall apply to all expenditures of public funds irrespective of their source. ©MDE – Basics of Personal Services Procurement 8 The Office of Procurement The awarding office shall be responsible for being aware of all applicable regulations and rules governing the procurement of services, as well as ensuring that procedures are followed in the procurement process. ©MDE – Basics of Personal Services Procurement 9 The Office of Procurement Why prepare a contract? ©MDE – Basics of Personal Services Procurement 10 The Office of Procurement A contract legally binds the contractor to specified job duties, responsibilities and performances agreed upon! ©MDE – Basics of Personal Services Procurement 11 The Office of Procurement Before you contract… The requesting office should evaluate the available resources within the Department before determining whether or not to contract. ©MDE – Basics of Personal Services Procurement 12 The Office of Procurement Questions to ask once the need is evident to contract! • • • • • • What services are needed When How frequent Where How much Why the service is necessary ©MDE – Basics of Personal Services Procurement 13 The Office of Procurement What type of contractor will be required to fulfill the need? ©MDE – Basics of Personal Services Procurement 14 The Office of Procurement • A contract worker is an employee who has a contract to work at a set hourly wage on days needed by the agency. • An independent contractor is a hired individual who is not an employee and works at a set price. • A vendor is a person or group that sells products or services independently. ©MDE – Basics of Personal Services Procurement 15 Methods of Source Selection for Independent Contractors • Written Quotations • PSCRB Preapproved Vendor Lists • Competitive Sealed Bids Invitation for Bids (IFB) • Competitive Sealed Proposals Request for Proposals (RFP) • Competitive Sealed Qualifications Statement of Qualifications (SOQ) • Alternative Procurement (RFA) Request for Applications ©MDE – Basics of Personal Services Procurement 16 The Office of Procurement Quotes - agency provides description of service and the vendor sets the price as the lowest and best bid is awarded. IFB - agency provides required specifications as the vendor submits specifications along with cost as the lowest and best bid is awarded. (e.g. Commodities, equipment, furniture, etc.) RFP - agency provides the outcome and deliverables needed for a service as the vendor provides a demonstration of their ability to perform the work along with cost to accomplish outcome; award is based on weighted criteria. RFQ - agency provides scope or outcome for services as the contractor provides qualifications and demonstration of their ability to perform the work along with cost; award is based on weighted criteria. RFA - agency specifies price and requirements for services as the contractor submits experience and qualifications; award is based on weighted criteria. ©MDE – Basics of Personal Services Procurement 17 Written Quotations Independent Contractors • Quotes are not required up to $5,000 • $5,000 to $50,000 – 2 written quotes • Greater than $50,000 and up to $75,000 – 3 written quotes ©MDE – Basics of Personal Services Procurement 18 The Office of Procurement Obtaining Quotes What you need to know! ©MDE – Basics of Personal Services Procurement 19 The Office of Procurement FORMS REQUIRED ARE FOUND ON THE PROCUREMENT WEB PAGE EFFECTIVE MAY 1, 2017! ©MDE – Basics of Personal Services Procurement 20 Written Quotations • Award to the vendor offering the lowest and best bid or proposal • If minimum number of quotes are not obtained, provide a memo with an explanation of why this was not accomplished • Vendors submitting responses shall be promptly notified in writing of the contract award ©MDE – Basics of Personal Services Procurement 21 Written Quotation Requirements • Signed on letterhead or otherwise identifiable to be valid • Contain a statement of price • Terms of the agreement • Description of services • Name, address, and telephone number ©MDE – Basics of Personal Services Procurement 22 The Office of Procurement PSCRB Pre-Approved Vendor List What you need to know! ©MDE – Basics of Personal Services Procurement 23 PSCRB Preapproved Vendor Lists • PSCRB issues a competitive procurement • Pricing is regional • Encouraged to use lowest price but not required • Applicable to MDE so competing isn’t required • Strongly suggest utilizing these vendors ©MDE – Basics of Personal Services Procurement 24 PSCRB Preapproved Vendor Lists • Current list includes: – Janitorial Services – Nursing – Temporary staffing – Mobile shredding – Lawn/Landscaping • Located at http://www.mspb.ms.gov ©MDE – Basics of Personal Services Procurement 25 The Office of Procurement Invitation for Bid (IFB) What you need to know! ©MDE – Basics of Personal Services Procurement 26 The Office of Procurement FORMS REQUIRED ARE FOUND ON THE PROCUREMENT WEB PAGE EFFECTIVE MAY 1, 2017! ©MDE – Basics of Personal Services Procurement 27 Invitation for Bids (IFB) Definition • Inviting and obtaining bids from competing sources in response to an advertised competitive specification • Through the issuance of an Invitation for Bid (IFB) by which an award is made to the lowest and best bidder meeting the specifications and does not include discussions or negotiations with bidders. ©MDE – Basics of Personal Services Procurement 28 Invitation for Bids • Notice of IFB should be sent to a sufficient number of bidders to promote competition • If expected to exceed $75,000 – Publicized in the newspaper – Posted on the MDE public notice website – Posted on the MS Contract/Procurement Opportunity Search Portal ©MDE – Basics of Personal Services Procurement 29 Invitation for Bids (IFB) Content: • Include instruction and information concerning submission requirements: – Time and date set for receipt of bids – Address to which bids are to be delivered – Maximum time for bid acceptance – Any additional special information cont. ©MDE – Basics of Personal Services Procurement 30 Invitation for Bids (IFB) Content: • Purchase description, evaluation factors, delivery of performance schedule, and – Any additional inspection and acceptance requirements not included in the purchase description • Contract terms and conditions, including warranty and bonding or other security requirements ©MDE – Basics of Personal Services Procurement 31 The Office of Procurement Request for Proposal (RFP) What you need to know! ©MDE – Basics of Personal Services Procurement 32 Request for Proposals (RFP) FORMS REQUIRED ARE FOUND ON THE PROCUREMENT WEB PAGE EFFECTIVE MAY 1, 2017! ©MDE – Basics of Personal Services Procurement 33 Competitive Sealed Proposals Definition • The process requires requesting and obtaining proposals from competing sources in response to an advertise competitive specification, through the issuance of a Request for Proposals (RFP). • The award is made to the offeror who receives the highest score based on weighted evaluation criteria outlined in the RFP and may includes discussions and negotiations with offerors ©MDE – Basics of Personal Services Procurement 34 Request for Proposals (RFP) • A department will use this method of procurement when the use of competitive sealed bids is determined to be either not practicable or advantageous to the State of Mississippi. ©MDE – Basics of Personal Services Procurement 35 Request for Proposals (RFP) • If expected to exceed $75,000 – Publicized in the newspaper – Posted on the MDE public notice website – Posted on the MS Contract/Procurement Opportunity Search Portal ©MDE – Basics of Personal Services Procurement 36 Request for Proposals (RFP) Content • In addition to the requirements for an IFB, the RFP must include a statement that discussions may be conducted with offerors who submit proposals determined to be reasonably susceptible of being selected for award, but that proposals may be accepted without such discussions • Include statement of when and how price should be submitted ©MDE – Basics of Personal Services Procurement 37 Request for Proposals (RFP) Content include: • Type of services required • Description of the work involved • Estimate of when and for how long services will be required • Type of contract to be used • Date by which proposals for the performance of the services shall be submitted ©MDE – Basics of Personal Services Procurement 38 Request for Proposals (RFP) Content • Statement that the proposals shall be in writing • Statement that offeror may designate portions of the proposal which contain trade secrets or other proprietary data which may remain confidential • Statement of minimum information that the proposal shall contain, including: ©MDE – Basics of Personal Services Procurement 39 Request for Proposals (RFP) Content – Offeror’s name, principal place of business location, and place of performance, if different – Age of business, average number of employees over a previous period of time – Abilities, qualifications, and experience of all persons who would be assigned – Listing of other contracts similar in scope, size, or disciplines – Plan of how the services will be performed ©MDE – Basics of Personal Services Procurement 40 Request for Proposals (RFP) Content • Factors to be used in the evaluation and selection process and their relative importance – Evaluation shall be performed using a standard, 100 point scoring scale – Example: • • • • • Proposed Plan – 30 points Ability to Perform Services – 20 points Personnel, Equipment, and Facilities – 15 points Price proposal – 20 points Record of Past Performance – 15 points ©MDE – Basics of Personal Services Procurement 41 The Office of Procurement Request for Qualifications (RFQ) What you need to know! ©MDE – Basics of Personal Services Procurement 42 The Office of Procurement FORMS REQUIRED ARE FOUND ON THE PROCUREMENT WEB PAGE EFFECTIVE MAY 1, 2017! ©MDE – Basics of Personal Services Procurement 43 Competitive Sealed Qualifications Definition • Process of requesting and obtaining statements of qualifications from competing sources in response to advertised competitive specifications, through the issuance of a Request for Qualifications (RFQ), by which an award is made to the respondent who receives the highest score based on weighted evaluation criteria outlined in the RFQ and includes discussions with respondents. ©MDE – Basics of Personal Services Procurement 44 Request for Qualifications • A department can use this method of procurement when there are multiple independent contractors whose scope of service is the same and pricing is set by the agency. ©MDE – Basics of Personal Services Procurement 45 Request for Qualifications • If expected to exceed $75,000 – Publicized in the newspaper – Posted on the MDE public notice website – Posted on the MS Contract/Procurement Opportunity Search Portal ©MDE – Basics of Personal Services Procurement 46 Request for Qualifications (RFQ) Content • Statement of minimum information that the SOQ should contain: – Respondent name, principal place of business location, and place of performance if different – Age of business, average number of employees over a previous period of time – Qualifications and experience of all persons who would be assigned – Listing of other contracts similar in scope, size, or disciplines ©MDE – Basics of Personal Services Procurement 47 Request for Qualifications (RFQ) Content • • • • Description of the services to be provided Qualifications required Manner in which SOQ’s will be evaluated Estimate of dates and length of services that will be required • Type of contract to be used • Deadline and manner the SOQ’s are to be submitted • Required form and content of the SOQ ©MDE – Basics of Personal Services Procurement 48 Request for Qualifications (RFQ) Content • Method through which a price will be determined • Deadline for submission of questions and posting of answers, if applicable • Information regarding the pre-conference, if applicable • Information regarding discussions with acceptable respondents, if applicable ©MDE – Basics of Personal Services Procurement 49 Methods of Source Selection for Contract Workers Contract Workers Threshold • Quotes are not required up to $5,000 • $5,000 to $50,000 – Request for Applications • Over $75,000 – Request for Qualifications/Applications ©MDE – Basics of Personal Services Procurement 50 The Office of Procurement Request for Applications (RFA) What you need to know! ©MDE – Basics of Personal Services Procurement 51 The Office of Procurement FORMS REQUIRED ARE FOUND ON THE PROCUREMENT WEB PAGE EFFECTIVE MAY 1, 2017! ©MDE – Basics of Personal Services Procurement 52 Request for Applications (RFA) • Governs procurement process for contract workers greater than $5,000 • MDE policies and procedures up to $75,000 • Additional requirements and PSCRB approval for contracts exceeding $75,000 ©MDE – Basics of Personal Services Procurement 53 Contract Workers exceeding $75,000 • Additional requirements – Publicize on the Mississippi Contract/Procurement Opportunity Search Portal – Publicize in the employment section of a newspaper – Same committee must evaluate all applications – Notification of award given in writing to all applicants classified as acceptable ©MDE – Basics of Personal Services Procurement 54 Request for Applications (RFA) Content include: • Job duties • Minimum qualifications • Rate of pay per hour and maximum number of hours for the contract period • Instructions for applying ©MDE – Basics of Personal Services Procurement 55 RFA Process • Use the Contract Worker Rate of Pay Determination Form to support rate of pay from the following choices – Comparable positions on the Mississippi State Personnel Board’s website as demonstrated through the characteristics and examples of work outlined in the job description – Obtain salary data from MSIS for school personnel, I.E. superintendents, teachers, administrators, federal program directors, counselors – Obtain salary data from private industry performing comparable services cont. ©MDE – Basics of Personal Services Procurement 56 RFA Process • Draft the RFA based upon a template posted on the Office of Procurement’s website and submit for approval • Upon procurement’s approval, forward to Office of Technology and Strategic Services (OTSS) to post on the Public Notice Section of the MDE website • Review applications for responsiveness ©MDE – Basics of Personal Services Procurement 57 RFA Process • Send letters of notification to any nonresponsive applicants advising that their application has been declared nonresponsive • Have a committee that will review all responsive applications and select the top applicants to recommend to their Director who will decide whether or not to accept the recommendations ©MDE – Basics of Personal Services Procurement 58 RFA Process • Forward contract packet to the Office of Procurement for all successful candidates receiving a contract • Program office to maintain copies of: – The approved RFA, screen shot from MDE website documenting the posting of the RFA – All applications and supporting documents that are received ©MDE – Basics of Personal Services Procurement 59 RFA Process – Letters sent to the non-responsive applicants – Executed contracts – All selection documents ©MDE – Basics of Personal Services Procurement 60 The Office of Procurement Now that we have established protocol for contracts over $75K, let’s discuss steps for contracting under $75K. ©MDE – Basics of Personal Services Procurement 61 The Office of Procurement • • • • • • • • • • • Service required Cost determination Method of procurement Review procurement submission timelines Secure forms on the procurement webpage Complete appropriate contract checklist Review for accuracy Submit to procurement for review and approval Notice of final signature Execute contract Notify contractor to begin work ©MDE – Basics of Personal Services Procurement 62 Contract Administration Program Office – Approved invoice marked final will be transmitted to Accounting – Include instructions to de-obligate any remaining balance on contract when submitting final invoice to Accounting – Final invoice shall be transmitted to Accounting as quickly as possible and must be submitted within 30 days after the end of the contract ©MDE – Basics of Personal Services Procurement 63 Contract Administration – Program Office – Monitoring of actual progress against work schedules – Coordination of furnishing the necessary materials – Recommendation of no cost modifications – Recommendation of modifications involving increased costs ©MDE – Basics of Personal Services Procurement 64 Contract Administration – Program Office • Contract Worker performance review should be done biannual • Retain copy of any correspondence relative to the contract and indicate contract number on all correspondence • Contract closeout process – Verify the budget has not been exceeded – Verify required documentation is on file for all payments ©MDE – Basics of Personal Services Procurement 65 Contract Administration – Program Office • Monitor all contracts monthly to confirm: – Review and approval of contract deliverables – Compliance with contractual terms – Coordination of the flow of information between the parties – Response to requests of the contractor – Monitoring of disbursements against the contract budget ©MDE – Basics of Personal Services Procurement 66 The Office of Procurement Questions & Answers ©MDE – Basics of Personal Services Procurement 67
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