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Procurement TrainingLos Angeles Community Colleges

Presented by:Business Services DivisionOffice of General CounselCollege Procurement SpecialistsJune/July 2008

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Welcome / Introductions

Presenters: Anne Diga, Associate Counsel Jim Watson, Contracts & Purchasing Manager Fabbee Bunag, Contracts Analyst College Procurement Specialists

Michele Burrus Ramona Divinagracia Kim Hoffmann

Audience self-introductions Housekeeping items

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Agenda

Background and purposeStructure of new policies and

proceduresStatutes and other authorities

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Agenda (Cont’d)

Presentation of New Procedures 04-00 Procurement Overview and Policy 04-01 Procurement Responsibilities and

Organization 04-02 Methods and Types of Procurement

Transactions 04-03 Micro-Purchases 04-04 Small Purchases 04-05 Medium Purchases 04-06 Large Purchases

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04-07 Short Term Agreements/Contracts for Services04-08 Procurement of Special and Professional Services

04-09 Bid Protests and Appeals 04-10 Cooperative Purchases 04-11 Lease of Equipment 04-12 License of Software and other

Intellectual Property 04-13 Non-Competitive Procurement 04-14 Acceptance of Loaned and Donated

Personal Property

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Agenda (Cont’d)

04-15 Authorization to Pay04-16 Purchasing Card04-17 Receiving and Acceptance of

Procured Items04-18 Invoicing and Payment04-19 Suppliers/Vendors04-20 Procurement Considerations for

Specially Funded Programs

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Agenda (Cont’d)

Miscellaneous Procurement Topics• Template agreements

Key contractual terms

• Property Agreements for Use of FacilitiesCivic Center Permits/Permits for Use

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Background and Purpose

Procurement: “The act of obtaining, attainment, acquisition….”

Contract: “An agreement between 2 or more persons which creates an obligation to do or not do a particular thing.”

Procurement contract: “A government contract with a…supplier of goods under the terms of which a sale is made to the government.”

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Background and Purpose (Cont’d.)

History of Decentralization

2000: Board delegates contracting authority (Board Rule 7100 et seq) 2000: Chancellor delegates authority to College Presidents (Board Rule

Admin Reg B-19) 2000: Training by BSD, OGC 2001: Purchasing regions created; CPSs hired 2001-02: Presidents delegate to VPs of Administrative Services 2001: Launch of purchasing card 2002: Implementation of SAP Financial and Purchasing System 2005: Launch of Business Policies and Procedures Project 2008: Adoption of New Procurement Policies and Procedures http://www.laccd.edu/

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Background and Purpose (Cont’d.)

Purpose of Training: Unveil new district-wide written

procurement policy and procedures In-service new administrators and

staff Refresher to continuing

administrators and staff Not for bond and construction related

purchases Not focused on SAP training

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21 New Procurement Policies and Procedures

Organized to Follow the Procurement Lifecycle of a Purchase with additional procurement related issues

Purchase- Receiving- Payment

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Procurement Procedures Development Team

Fabbee Bunag, DO Contracts Analyst Michele Burrus, College Procurement Specialist Anne Diga, Associate General Counsel Ramona Divinagracia, College Procurement Specialist Jeanette Gordon, Chief Financial Officer Allan Hansen, Director of College Facilities – West Los Angeles Mark Henderson, Manager of Information Systems – Pierce College Kim Hoffmann, College Procurement Specialist Bruce Hurt, Receiving Supervisor - Valley Kelly Ryan, Accounting Assistant – City College Kenneth Takeda, Vice President of Administrative Services - Pierce Ann Tomlinson, Vice President of Administrative Services – Harbor College Jim Watson, DO Contracts Manager Tania Yanes, Facilities Administrative Assistant – Trade Tech College Mayra Zelaya, Purchasing Supervisor, City College

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Policy Objectives

04-00 Procurement Overview and Policy Comply with laws, board rules and regulations

governing procurement for LACCD Encourage competition in order to obtain best

pricing and terms, superior products and customer services

Provide all suppliers equal opportunity to participate – No favoritism, fraud, abuse, corruption

Efficiency of resources Timely delivery of products and services

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Common Definitions (04-00)

Bid Bid Threshold Board approval/ratification Invitation for Bids (IFB) (RFB) Proposal Request for Proposal (RFP) Request for Qualifications Solicitation of Quotes And others…..

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Types of Procurement- “Solicitation of Quotes” (Campus or CPS)

Not formal bidding, best business practice Obtained prior to purchase Informal pricing quotes not required but best business practice for purchases less than 2500; 2500 or greater a minimum of three quotes required; 5,000 up to bid threshold a minimum

of 3 written quotes

- “Request for Qualifications“ (RFQ) (District) Not formal bidding, best business practice Respondents ranked by qualifications Price is negotiated with highest ranked respondent

- “Request for Proposals” (RFP) (District) Not formal bidding, best business practice Respondents submit qualifications, technical proposal and price Award based on most advantageous offer, all factors considered, not price alone

- “Invitation for Bids” (IFB) or “Request for Bids” (RFB) (District) Formal advertisement in newspaper of general circulation for specified period of time Bids submitted sealed Public bid opening Award to lowest responsible and responsive bidder

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Statutes and Other Authorities

State (29 California Codes)Public Contract Code, Education Code,

Government Code, others Welcome to California –www.ca.gov

LACCDBoard Rules, Administrative Regulations

http://www.laccd.edu/about%5Fus/

Miscellaneous external:Grant application and guidelines Case law

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Statutes and Other Authorities (Cont’d)

Admin.Regulations

Board Rules

California Codes – Education Code, Public Contract Code,

Government Code, Labor Code, et.,(Case Law)

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Statutes and Authorities (Cont’d)

Public Contract Code Sections 100, 101, 102 - Objectives, efficiency, encourage competition 3400 – Specific brand or trade name “equal or better” 20651-20662 Community Colleges

20651 – Formal bid threshold 20654 – Emergency defined 20657 – No Bid Splitting

22000 et seq, (CUPCAA) Education Code Sections

81644 – Duration of Contracts 81655 – Delegation of Authority to Contract, Personal Liability for

malfeasance 81656 – Delegation of Authority to Purchase, Personal Liability for

malfeasance 88003.1 – Personal Services Contracts – No contracting out of classified work

with exceptions Government Code Sections

53060 – Professional/Specialized Services

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Statutes and Other Authorities(Cont’d)

Board Rules - Chapter VII, Article I – Contracting

Board Rules 7100 – 7101.15 7100 – Board Responsibility for Contracts 7100.10 Delegation of Authority 7100.11 Emergency Contracts 7100.15 Ratification of Transactions 7100.16 Rejection of Bids 7100.17 Advertisement of bids 7101 – 7101.15 Administration of Contracts 7102 – 7102.14 Rules for Purchasing 7103 – 7103.17 Facilities Related Contracts for Public Projects http://www.laccd.edu/board_rules/documents/Chapter%20VII/Ch.

%20VII%20-%20Article%20I.doc

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Statutes and Other Authorities (Cont’d.)

Administrative RegulationsB-19 – Delegation of Authority to College

PresidentsCollege Presidents, Deputy Chancellor,

Executive Director of Facilities Planning and Development, Director of Business Services

College Presidents can delegate to VP’s of Administrative Services

LACCD - About Us - Administrative Regulations

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Exercise #1 Delegation of Authority

A) Dee, Director of College Facilities, at Sunrise Community College would like to repair the baler/trash compactor on campus. She receives a quote in the amount of $7,000 from Bob’s Baler Repair. She asks Fran Facilities Aide to enter and print a Facilities Order in SAP. Dee signs the FOF and sends it off to Bob. Is Dee in compliance with B-19? Are there other issues of concern?

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Exercise #2 Delegation of Authority

Sally SFP Director at West Pierce Community College would like to host the end of the year program banquet at a nearby hotel next to the college. She contacts the Airport Hilton to determine whether a banquet room is available for the event. The Hilton event planner confirms that the event date is available. Sally is sent a reservation confirmation agreement which she signs and returns to the Hilton.

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04-01 Procurement Responsibilities and Organization

A. College Purchasing OfficeHandles purchases up to <$5,000 at a

centralized location Southwest and Harbor fully decentralizedTrade Tech partially decentralizedCollege Plant Facilities Office handle facilities

related procurement up to <$125,000

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04-01 Procurement Responsibilities and Organization (Cont’d)

Region-based College Procurement Specialists City*, Southwest, Harbor—Michele BurrusEast*, West, Trade Tech —Kim HoffmannValley*, Mission, Pierce—Ramona

Divinagracia

*College where CPS has office

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04-01 Procurement Responsibilities and Organization (Cont’d)

District Office – Contracts and Purchasing Section Jim Watson, Contracts and Purchasing Manager

Non-construction related property leases Personal and Professional Services

District and non-district property Fabbee Bunag, Contracts Analyst

Leases of equipment Software licenses Personal and Professional Services

Curtis Paltza, Contracts Analyst Personal and Professional Services Non-construction related property leases

Vending machines, pay phones Marilyn Huff, Purchasing Agent

Handles all Formal Bids for purchases and purchases at the District Office

Updates SAP Vendor list

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Current Structure/Policies (cont.)

Purchasing Responsibility by Threshold: College: Micro and

Small purchases ($0-4,999)

Region: Medium purchases ($5,000-statutory threshold--$72,400)

District Office: Large Purchases + not specifically delegated

District:$72,400+ and not

specifically delegated

Region: $5,000-$72,400

College: $0-4,999

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04-02 Methods and Types of Procurement Transactions

A. Methods – Competitive vs. Non-competitive, miscellaneous

B. Types of Transactions Micro purchases $< or = $2,500 Small purchases $2,501 up to $4,999 Medium purchases $5,000 up to formal bid

threshold (currently, $72,400) Large purchases $72,400 and greater Special/Professional Services Rentals, Leases and Licenses of

Equipment/Software

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04-03 Micro Purchases

Entered by college in SAP database <$2,500 purchases of supplies, equipment and

services SFP purchases may have lower $ threshold required by the

grant Recommended best business practice to obtain

competitive pricing, but not required to solicit quotes. Approval required by Vice President Administrative

Services in SAP Purchase Order (PO) signed by College President or

Vice President of Administrative Services

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04-04 Small Purchases

Entered by college in SAP database $2501 up to $5,000 purchases of supplies, equipment

and services Approval of Vice President of Administrative Services;

PO signed by College President or Vice President of Administrative Services

Must solicit at least a minimum of three (3) quotes*Record of solicitation kept in original transaction

file Internet research Catalog Vendor contact

E-mail, telephone, fax

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04-05 Medium Purchases

$5,000 up to bid threshold ($72,400) For all procurements at or over $25,000 the EPLS needs to be

searched with a screen print saved with the original documents whether SFP or general funds.

A minimum of (3) three written quotes required and must be submitted with PR/RFC

Entered by college and processed by College Procurement Specialist (CPS) as Purchase Requisition (PR) (goods) or Request For Contract (RFC) (services)

PR requires conversion by college into PO RFC requires conversion by CPS into Contract Order (CO) Approved by Vice President and CPS

Decentralized colleges may include approval by Department Head, Dean, Director or other VP’s

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Exercise #3 Types of Purchases

South Bay Community College would like to purchase athletic football equipment in the amount of $50,000. Abby Athletic Director supplied a purchase request with one quote from Acme Sporting Goods. Patty Purchasing Aide should do the following: A) Process request B) Contact Athletic Director for a minimum of two

additional quotes C) Check Acme Sporting Goods catalog to verify

price quote submitted by Abby.

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04-06 Large Purchases

$72,400 or greater Purchase contract cannot exceed 3 years Handled solely by the District Contracts and

Purchasing Section PO or Contract approved and signed by DO

Purchasing Agent or Contracts Manager Public Contract section 20651 requires formal

sealed bids using process identified in Education Code section 81641

Formal bid process

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04-06 Large Purchases (Cont’d)

Formal Bid Process (IFB) Advertisement for two weeks Bid Package Pre-bid conference (optional/mandatory) Sealed bid submission Bid Opening Bid Evaluation Award to responsive/responsible lowest bidder Agenda item for Award of Procurement

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10 Minute Break

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04-07 Short Term Agreements and Contracts for Services

Services defined Provision of labor as distinguished from goods. Personal Services – Routine labor for which NO special

training, education, certification or license is required. Professional/Specialized Services -

Government Code section 53060 Legal, Administrative, Auditing, Payroll Processing,

Design and Engineering, Medical and other specialized services requiring high level of independent judgment, expertise and discretion.

Cannot contract out classified work – Education Code Section 88003.1

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Personal Services – Contracting Out of Classified Work

Education Code Section 88003.1 General prohibition to contract out classified

work, except when: Clear demonstration of cost savings

Code provides specific formula in making cost savings analysis

Services not otherwise available Highly specialized and cannot be performed by

college or district employees Services pursuant to a contract or lease for

purchase of real property Emergency

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04-07 Short Term Agreements and Contracts for Services (Cont’d)

Short Term Agreements (STA) Requires three written quotes Services one year or less

STA can only be amended through RFC and handled by CPS

STA cannot be amended for term beyond a year or amount to exceed $5,000.

Valued at $5,000 or less including tax and delivery charges STA must be Board ratified within (60) calendar days of

entering into the transaction. Send copy of STA to CPS for submission to Board for ratification.

Agreements must be approved and signed by College President or Vice President of Administrative Services

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04-07 Short Term Agreements and Contracts for Services (Cont’d)

Contracts for Services Personal Services for multiple years up to $72,400. Requires three written quotes Contract initiated by RFC and entered into SAP by

the College If renewal or amendment, require reference to existing

contract number. Contracts below $72,400 are ratified by Board.

$72,400 or greater require prior authorization. Contract cannot exceed 5 years Limit Order Agreements

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04-08 Procurement of Specialized or Professional Services

Government Code section 53060 defines special and professional services

Examples of special services include financial, auditing, legal, architectural/engineering, insurance brokerage, payroll issuance and preparation, and other administrative matters where service provider must be specially trained.

Special services/professional services are exempt from formal bidding Recommended best business practice is to solicit Request for

Proposals (RFP) or Request for Qualifications (RFQ)Requires Professional Services Agreement to be signed by both service provider and District/College. Signature obtained from service provider first.

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Exercise #4 – Contracting Out for Services

West Valley Community College is planning graduation ceremonies. The College customarily provides sign language interpreters for large public events and ceremonies such as this one. Victoria Vice President issues a short term agreement to Selective Sign Works for three interpreters to provide services throughout the graduation at a total cost of $2,000. Is this appropriate?

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Exercise #4 – Short Term Agreements and Contracts for Services

South Harbor CCD has just implemented a new payroll processing system. Unfortunately, the pay stubs generated from the system reverse print the payroll information on the stub making the information unrecognizable to employees. South Harbor would like to hire a system software programmer who is able to troubleshoot the problem and fix the misprinted pay stubs. What solicitation process does South Harbor need to undertake in order to contract for these services?

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O4-09 Bid Protests and Appeals

Affords bidders/proposers the ability to be heard if they believe fair treatment in the procurement process has not been provided to them.

Purchases below statutory threshold: Written protest filed with Vice President of

Administrative Services within 2 business days of award notification

Purchases at or above statutory threshold: Written protest filed with Director of Business

Services within 5 business days of award notification

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04-10 Cooperative Purchases

Public Contract Code section 20652 – piggyback of personal property (not services) Board must make finding of best interest to piggyback if

purchase is over statutory threshold County of Los Angeles – copiers, janitorial supplies

Public Contract Code sections 20653 and 10290 provides the ability to piggyback personal property and services under contracts specifically awarded by the Department of General Services Western States Contracting Alliance – HP, Dell, Apple and

Gateway computers; Grainger for maintenance supplies and equipment

California Multiple Award Schedule – Tractors, forklifts, service vehicles

-Hard copy of valid contract must be provided by initiators

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04-11 Lease of Equipment

Handled by the DO Contracts and Purchasing Section ONLY Requestor must provide original lease documents

provided by finance company and equipment proposal from supplier

Lease must be made in accordance with Education Code section 81550

Fixed lease term greater than one (1) year up to ten (10) years One (1) year or less requires a rental agreement

which is handled by the College

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04-12 License of Software and other Intellectual Property

A license provides a non-exclusive right to use an asset.

A license of software is an agreement. Beware of on-line downloadable software Terms and Conditions of on-line software

agreement should be reviewed and approved by the Vice President of Administrative Services prior to installation.

Requires evaluation and screening by local Information Technology department prior to download and acceptance of use.

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04-13 Non-Competitive Procurement

A. Educational Materials – Education Code section 81651

B. Food/Cafeteria Supplies – Public Contract Code section 20660

C. Emergency Contract – Public Contract Code section 20654

D. Cooperative Purchases – Public Contract Code section 20652

E. Single Source – No statutory authority for sole source. Refers to a market condition in which only one supplier or service provider exists. Therefore, a competitive process is impossible or impracticable. Refer to sole source evaluation procedure. Specification of brand name/trade name “equal or better”

- Public Contract Code section 3400

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04-14 Acceptance of Loaned or Donated Personal Property

Education Code sections 71046 and 72205 Donor responsible for specifying value for their

tax purposes Donations must be evaluated prior to

acceptance or delivery to campus College Information Technology department should

screen IT related equipment College Facilities Department should screen all

equipment requiring electrical or utilities connection Donations cannot be for illegal purposes

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04-14 Acceptance of Loaned or Donated Personal Property (Cont’d)

Donation Form or Donation Agreement must be approved by the College President and Vice President of Administrative Services prior to receipt of property.

Equipment donations must be sent to Receiving Department for appropriate asset tagging.

Board must ratify within 60 days of acceptance of donation items.

Donations of cash or cash equivalents are handled by the Chief Financial Officer.

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Exercise # 5 - Donations

Peter Painting Supervisor at Valley Tech College accepts a donation of 100 gallons of super gloss paint from LOL Paint Company. Upon delivery of the paint cans to the College, Peter inspects the label on the paint cans and determines that the paint is lead-based.How should Peter have handled this donation?

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One hour - Lunch Break

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04-15 Authorization to Pay

Used in highly limited circumstances for purchase of items not competitively procured such as library and instructional resources.

Library books, pamphlets, motion picture film, instructional software, testing and audio visual materials.

Requires ratification by Board of Trustees within 60 calendar days of commencement.

Information is gathered by Accounts Payable and calendared for board ratification by Business Services

Not to be confused with Authorize Payments and Confirmation Purchase Order

Authorize Payments handled only by CPS and Business Services Mechanism to obtain board authorization for reimbursement

Confirmation Purchase Order not allowed.

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04-16 Purchasing Card

Currently under construction by special task force appointed by Deputy Chancellor.

Addresses issues identified in Cal Card Audit.

New and revised procedures are being recommended for Cal Card uses.

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04-17 Receiving and Acceptance of Procured Items

The receiving process begins when the vendor delivers procured or leased items to the College. Once an item is received by the College, it begins the obligation, liability and accountability for the item.

Specialty items such as information technology equipment or building systems component should be inspected by IT staff or Facilities staff prior to acceptance.

Receiving Department must do the following: Inspect goods for quantity and condition Match the packing slip to the purchase document Report any discrepancies in item delivery

Wrong shipment of goods Partial delivery/Incorrect quantity Defective conditions

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04-17 Receiving and Acceptance of Procured Items (Cont’d)

Receiving is responsible for completing receipt of goods via MIGO transaction in the SAP database system, tagging assets and communicating with requestors that items have been delivered to College. Specially funded assets require additional color

coded inventory tags. (See Asset Management Procedures for more specific details.)

When item is picked up, requestor should sign-off acceptance of purchased item.

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04-18 Invoicing and Payment

Final step in completing the three way match process in the procurement lifecycle. Purchase ->Receiving->Payment Invoice of Goods/Invoice for Services-Invoices are sent to College directly for review, approval and

entry. Invoices are matched directly to signed purchasing or contract documents. Determine whether discounts can be applied to payments made within 30 days.

-Payments to vendor is typically the final opportunity to question incorrect shipment, damaged, goods, price or other such adjustments.

-All purchases and contracts must be approved by the Board within 60 days of commencement.

-A copy of a fully signed contract must be received prior to payment.

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Getting Vendors Paid

Vendor entry http://www.laccd.edu/business_services/vendor_

docs/create_vendor_form.xls Document entry Release of transaction Execution of contract Deliverables Receiving Invoice Warrant Board reporting

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04-19 Suppliers, Vendor Database and Evaluation

“Suppliers” also referred to as “vendors” are the outside businesses from which the College/District purchases materials, supplies, equipment and services it needs to operate and do business. ( No district employees may engage in business with the College/District outside of their employment contract.)

A. Sourcing – Process of identifying multiple suppliers promotes healthy competition for the College/District’s business leading to lower prices, higher quality, better after-sale service and improved value for its dollar.

B. Vendor Database – Maintained by Procurement Vendor Maintenance New vendors and corrections to existing vendor information must be

requested through the “Create Vendor Form” http://www.laccd.edu/business_services/vendor_docs/create_vendor_for

m.xls Vendor Maintenance verifies whether vendor appears on the “Excluded Parties List

System” maintained by the federal government. Vendor must have an existing record in SAP prior to purchase entry.

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04-20 Procurement Considerations for Specially Funded Programs (SFP)

Procurement with SFP funds requires additional monitoring and oversight to ensure purchases are made within grant and grantor agency guidelines.

Difficult to establish a set of procedures encompassing every nuance of the multitude of grant agreements in place.

A. Award of SFP Funds Prior to setting up an SFP budget for procurement, SFP

program director must receive a written award letter or offer from the grantor agency.

B. Establish a Budget Cost Center Forward documents to District Budget Office. Work

Breakdown Structure (WBS) code assigned by the District Accounting Office upon receipt of various documents identified. DO Budget Office establishes matching fund center to WBS.

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04-20 Procurement Considerations for Specially Funded Programs (Cont’d)

C. Establish an SFP Agreement Original approved and signed RFC RFC entered in SAP database Copy of the BTA with Master Data Form Original Award Letter Original Grant Agreement with Instructions

*For existing SFP Agreement, provide original SAP contract number.

*All multi-campus grant agreements must be handled by the District Office Contracts Section

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Template Agreements

Initial offering of Terms and Conditions must be our template agreement

Contain District-approved language

Contracts Manager administers/updates

Please do not change

www.laccd.edu

Faculty & Staff

Intranet

(District Network Only)

Contract Forms

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Key Contractual Terms

Contractor responsibility Deliverables Timing

Indemnity provisions Insurance Warranty Payment terms / schedule Venue; choice of law Maximum duration Exclusivity Non-Collusion Affidavit

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Key Contractual Terms (Cont’d)

Signature authority Acceptance of contractor agreements Reimbursables Rights of termination

Default Non-Discrimination Audit rights Ownership/licensing of developed product

(intellectual property) – Rights in Data

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Basic Insurance Considerations

Template language should not be modified Identifies types of insurances required depending on

services rendered and dollar threshold for coverage Identifies rating level of insurance as B++ minimum

and licensed to do business in California District identified as additional insured Risk Management must review insurance submitted Request to provide proof of District insurance and add

entity as additional named insured should be made with Risk Management.

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Exercise #6 – Contract Terms

Libby Librarian at Van de Kamp Community College would like to lease three new copiers for the library on campus. Libby receives a confirmation proposal in the amount of $27,000 from Copiers R Us. Libby signs the confirmation proposal and sends it back to the vendor. Copiers R Us ships the equipment to the campus and forwards Libby the financing and maintenance agreement for the copiers.

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Exercise #6 - Contract Terms (Cont’d)

A. The following terms appear on the financing agreement with CNB Bank:1. Cancellation – This Lease cannot be cancelled.2. Choice of Law – Any legal claims legal proceedings arising out of this Agreement shall be subject to the laws of the State of Minnesota.3. Forum/Venue - Any legal claims or proceedings shall be brought in the State of Minnesota. 4. Insurance – District/College shall provide requisite insurance to cover loss of the equipment up to the limits deemed acceptable by CNB Bank.5. Remedies – District/College sole remedy under the Agreement for breach of the lease terms shall not exceed the annual payments under the lease.6. Term – The term of the lease shall be for 15 years.7. Indemnity – College must defend and indemnify Copies R Us for any claims, losses or damages arising out of or related to College’s use of the copier under the Contract.8. Authorization Approval – The signatories on the contract are authorized to bind the organization to the terms and conditions of the contract.

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Property Use Agreements

Use of District’s property Lease vs. license

Exclusive vs. Non-Exclusive Use Civic Center Permits Permits for Use / film permits

Leases up to 14 days – No bidding, separate or consecutive days in annual year.

Leases less than $25,000 AND less than 5 years – No bidding

Joint occupancy leases – handled by Facilities Planning & Development

Other public agencies or private schools Leases of personal property

Process summaryhttp://www.laccd.edu/board_rules/documents/Chapter%20VII/Ch.%20VII%20-%20Article%20II.doc

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Questions????

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THE END Thank you for your time and attention.

Please pass your training surveys to the front of room.