Procurement 102 Processes and Procedures for Contracting at UO Presented by: Greg Shabram, Associate Director Purchasing and Contracting Services Agenda 2
Source Selection Negotiations Executing a Contract Contract Administration Procurement Process Framework Make / Buy Decision Procuremen t Planning
Develop Statement Of Work Solicit Proposals Select Source / Vendor Negotiate
Execute Contract Administration Source Selection Bid Evaluation Plan Best Value v. Lowest Cost Evaluation Criteria
Documentation and Protests Source Selection Bid Evaluation Plan Purpose: To establish in a clear and fair method of bid evaluation prior to the posting of the procurement. A bid evaluation plan should include: Evaluation Method Evaluation criteria, sub-criteria, and respective weight factors The scoring method that will be used to determine which bid best meets the requirements
The scoring grid or matrix against which these evaluation criteria will be evaluated KEY TO SUCCESFUL SOURCING: Use Research To Expand Your Sources. EXAMPLE: Department needed a workflow management program. Department was solicited by Business A and received a demo of Business As product. Department created its plan based upon the specifications of Business A. After research by PCS, additional sources providing similar services were identified. The additional sources increased the scope of the solicitation to a wider audience of vendors. End result: Business B, not previously identified by the department, won the award, provided more services at a lower cost. Moral: Research the desired products or services to expand your sources. Source Selection Best Value v. Lowest Cost Best Value Defined: The trade-off between price and performance that provides the greatest overall benefit against a specified set of criteria. Factors include:
Technical Skill Qualifications including Past Performance on Similar Contracts Implementation Ability Quality Assurance Other Performance Based Criteria Price
Lowest Cost Defined: The appropriate source selection process to apply only when there are well-defined requirements, the risk of unsuccessful performance is minimal, and price is the sole or most significant factor in the source selection. Source Selection Evaluation Criteria - Development Factors: The nature of the requirements. The ability of the Department to articulate the requirements in a clear and concise manner. The ability to identify relevant evaluation criteria. How realistic and measurable are the criteria. Source Selection
Bid Evaluation Methods MINIMUM MANDATORY REQUIREMENTS: This means that to be responsive, a proposal must meet all the mandatory criteria specified in the procurement document. POINT RATED CRITERIA ONLY: This means a bid must obtain the required minimum score on the point-rated criteria to qualify. Decide whether you want to weigh each criterion or weigh the cumulative value of each criterion. Weighing each criteria usually produces a more defined score that emphasizes the more
important criteria. COMBINATION OF MINIMUM MANDATORY AND POINT RATED CRITERIA: The bid must meet all specified mandatory requirements and obtain the required minimum score on the point rated criteria. ADJECTIVAL CRITERIA: A,B,C,D scoring with A being highest and D being lowest. This process allow for a more qualitative assessment of criteria so long as definitions, performance indicators and differentiators are well-defined. Source Selection Minimizing Protests: Evaluate each bid on its merits Avoid oral communications with vendors during the bid process Document your results with matrices, grids, written reasons, and consensus evaluations
Ensure vendors comply with all bid requirements and provide specific evidence to support bid Do not change the proposal evaluation plan after the close of the bid Do not used unpublished criteria in evaluating bids Do not use personal knowledge about a vendors the benefit of the doubt in bid evaluation Follow UOs Code of Ethics in all instances Negotiation Update your BATNA: BATNA may be an alternative vendor proposal Negotiate based on interests, not positions Attack problems, not people Find the most elegant deal
You have an ethical duty to get the best value for UO, and to structure a deal in good faith that serves all parties and stakeholders Negotiating is a problem solving tool, not merely a haggling process Negotiate People Know who you are dealing with, and, if possible, how they best process information. Not about manipulation, its about accessibility. Separate people from the problem: Counterparts not opposing team Negotiation is a process from solving problems,
let your counterparts help you find the solution. Negotiate Interests v. Positions Positions: The offer or proposal of a negotiating party. Interests: The underlying needs that support a position An understanding of your counterparts interests will allow you to develop alternative mutually acceptable positions Negotiate Options
Options are alternative ways to meet a parties interests, that also may meet the needs of that parties counterparts A collaborative exercise, meant to develop trust and solve problems Negotiate Standards An objective measurement, based on common principals or provided by neutral third parties used to resolve disputes Classic examples: CPI (Consumer Price Index); Professional Organizations (Work Standards); Industry Standards, etc.
Negotiate The Dark Arts Canned responses Artificial Pressure Divide and Conquer Know your style Negotiate
Mock Negotiation Fact Pattern Divide into groups of two 5 Mins. to read Fact Pattern 20 Mins. to negotiate. Disucssion Executing the Contract UO Form Contracts Common Disputed Terms Personal Services Contracts Completing Form Contractor Legal Name
Attachments 18 Standard Contract Provisions (A) Statement of Work (B) Compensation (C) Insurance (D) Photography (E) Independent Contractor Certification (F) Other Personal Services Contracts
19 Term of Agreement Fees Expenses Confirmation Independent Contractor Including confirmation not a current or former OUS employee Signing the PSC Amending a PSC
Contracting with Individuals All individuals must be Independent Contractors. 20 - No UO direction and control - Rarely UO employees (requires PCS review and approval) - External review when services are provided in foreign countries - Must complete Independent Contractor Certification
Facility Use Agreement 21 Completing the form Legal Name Purpose of Rental
Rental Dates Rental Fees Insurance Requirements Purchase Orders Completing Form Paper PO Banner PO 22 Contractors/Entitys Legal Name Referencing a Contract State of Oregon
Signing the Purchase Order Entering Payment UO Standard Terms and Conditions If delegated by PCS, you may use UOs Standard Terms and conditions to execute vendor paper. Only applicable to Contracts under $25,000. Affix provided stamp, and attach most current terms You must still read and understand all vendor terms. You must still acquire any applicable approvals in accordance with the approvals list. Vendors are required to carry applicable insurance, dont sign until you have a certificate.
eProcurement COMING SOON! Execute an Agreement: Common Disputed Terms EEO FERPA Insurance
Indemnification Infringement Gov. Law Ownership of IP Limitations of Liability Payment terms SOW Administer the Contract READ THE CONTRACT Track vendor performance in comparison to contract
Ensure UO meets its responsibilities/dependencies Look for opportunities to make the deal better for everyone. Amending, Renewing and Termination Contract Amendments must be processed by PCS Be aware of contractual mechanisms for renewal, and expiration If a conflict with the vendor arises, be aware of your options to terminate All amendments, renewals, and terminations must conform to procurement rules
Long Term Procurement Planning Know all existing contracts, when the expire, and what steps are necessary replace them When planning new business initiatives, work with PCS to include procurement planning into your over business plan Review annually, update when needed Avoid needless emergencies, retain UOs leverage! Tools & Support
30 Policy Training Templates Written Procedures and Instructions Website Direct assistance from PCS Staff via phone, email and in-person meetings Each department is assigned a Contracts Officer and
Contracts Tech. If you do not know yours let us know and well put you in touch with them!
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