Surviving Procurement Island. Do You Know Enough to Survive… Your Secret Survival Guide Department of Administration Division of Administrative Services

Surviving Procurement Island

Do You Know Enough to Survive…

Your Secret Survival Guide

Department of AdministrationDivision of Administrative Services

Procurement Island?

Topics we’ll cover today

The rules of Procurement Island

How to get your stuff

How to request stuff you can’t get

How to deal with bad stuff

Where Do the Rules

Come From?

Department employees who purchase services or goods on behalf of the department should be familiar with the Statutes, Regulations, Administrative Manual, and departmental Policies and Procedures procurement requirements.

These documents can be found the Division of Administrative Services’ Procurement Unit website!

Secret Survival Guide for Procurement Island

Don’t get too excited…..before you build Don’t get too excited…..before you build your raft to escape Procurement Island, your raft to escape Procurement Island, there are still a few things your need take there are still a few things your need take into consideration. These considerations into consideration. These considerations are marked by sand dollars, be sure to pay are marked by sand dollars, be sure to pay attention to them!attention to them!


Employees who perform purchasing functions must have a written delegation of authoritywritten delegation of authority on file with Admin. Services.

Must also be certified through the Division of General Services’ Procurement Officer Certification System at the appropriate level (one or two).

Fragmenting a purchase to avoid the appropriate purchasing process is a violation of the rules.

Divisions have been delegated procurement authority for commodities and non-professional services up to $50,000, depending on the highest certified person in your division.

What is the estimated dollar amount? Admin. Manual requires us to consider our annual needsannual needs in determining the proper procurement level. You must consider all renewal options and phases.


Example of Fragmentation

15 coconuts cost over $5,000 and we are required to obtain at least three quotes.

Instead of obtaining three quotes, Castaway Carl buys five on three different occasions over a three week period.

Castaway Carl has committed a procurement violation because he has purposely broken apart a larger procurement so that he could avoid the requirements of obtaining quotes.

Depending on the severity of the violation and whether it represents a pattern of behavior, Castaway Carl’s procurement delegation may be revoked.


Are there sufficient and appropriate funds available?

Restrictions include… Telephones, telecommunications equipment, construction, vehicles, and housing, leased office space or renovation involving leased or State owned space. For these types of purchases, send your requirements to Admin. Services on a PR.

Is the supply or service permitted under the delegation of authority?


Is the proposed purchase considered an authorized expenditure?

UNAUTHORIZED EXPENDITURES AAM 35.150

Printing of a personal natureFoodstuffs and utensilsDues for personal membership in associationsNonfunctional office fixtures

These types of purchases must be approved, IN ADVANCE, in writing, by the Commissioner’s Office.


Is the service or commodity an exemption or exception to the procurement rules?


“What’s the difference between

exemption and exception?”

Examples of exemptions include purchases of these types:

Governmental agencies

Certified employment programs

Youth Education programs

Correctional Industries

Book binding services

Periodicals

Advertising

Audio-visual materials

Medical doctors and dentists

Newspapers

Network information services access

Books


An exception is a situation that prevents you from obtaining the desired service or commodity through normal procurement methods because:

Only one source exists or is acceptable or suitable to meet your needs.

The procurement process is impractical or contrary to the public interest and results in restricting the procurement to a group of potential contractors.

An unanticipated amendment to a procurement exceeds the amendment limitation established in the Administrative Manual. An emergency situation exists in which a timely decision (generally less than 72 hours) must be made to prevent loss of life, damage to property or facilities, or to mitigate an imminent threat to public health.


What does the law require us to provide in order to obtain approval of a RAP?


An explanation that thoroughly describes the situation.

Findings of fact that summarizes all the pertinent details surrounding the procurement.

And supporting evidence that verifies that the explanation given and the findings of fact listed are true and accurate.

Even if we provide a good explanation of the situation, if we don't include evidence to support the claims, the RAP cannot be approved.


The law requires us to meet a two part test when requesting a Single Source RAP:

It is not practical to award a contract through the normal competitive methods.

Award of a single source contract is in the State's best interests.

Best Advice? Call Procurement!


General Services establishes multi-agency use contract awards for common items, such as computers, office supplies, copiers, etc.

Additionally, the department also establishes contracts specific to the Department of Administration. These include both commodity and service contracts.

Is the item available from an established contract?


Administration has several IT procurement restrictions:

Printers/multifunction devices (standard-Hewlett Packard)

Peripheral devices-divisions may purchase according to standards!

All computers must be purchased through DAS!

Review of Considerations:

Do you have a written delegation of authority?

Within delegated authority?

Are there sufficient funds?

Is it allowed under the DOA delegation of authority?

Is it an authorized expenditure?

Is it on contract?

Is it a professional service?


Oversight of all procurement activities, including departmental procurement delegations. We assist the divisions in meeting their mission requirements while assuring that all purchases are made in accordance with the law.

DAS makes purchases over $50,000 and establishes all professional services all professional services contractscontracts regardless of cost.

How does DAS come into the picture?


DivisionsOne time Procurement Card Purchase, up to $2,500….1 quoteGoods and Other Services under $5,000…………………..Reasonable/adequateGoods and Other Services $5K-$25,000……………………3 verbal or writtenGoods and Other Services $25K-$50,000………………….RFQ process (3)

DASGoods and Other Services over $50,000………………....ITB process (DAS/ETS)Professional Services under $5,000…………………………Reasonable/adequate Professional Services $5,000-$25,000……………………..3 verbal or writtenProfessional Services $25,000-$50,000……………………3 writtenProfessional Services over $50,000………………………....RFP process

Competition Requirements


Alaskan Vendor Requirement


The minimum number of quotations or informal proposals must be sought from Alaskan vendors prior to soliciting any non-Alaskan vendors, unless the procurement officer determines in writing that soliciting the minimum number of quotes or informal proposals from Alaskan vendors is not practical per 2 AAC12.400(f) and AAM 81.220.

For your convenience, DAS has developed a template for this determination. You can find the template on the Procurement website!


What does Adequate and Reasonable mean?

Procedures that ensure:

• fairness to potential bidders • competition commensurate with the circumstances of the

procurement, considering price, mission requirements, and available competition

Reasonable and adequate competition may include contacting one potential bidder in appropriate circumstances.

Regardless of the dollar level and the related solicitation that must occur, we still need to develop specifications:

Research what you want.

State what you want, without making your specifications so unique that they exclude potential bidders or offerors.

Emphasize functional or performance criteria.

List essential characteristics.


Include in the specifications:

Delivery date

Delivery location

Duration of the resulting award

Possible renewal options

Description of the item or service

Deadline for submitting quotes

Important note: the bid price must include Important note: the bid price must include shipping charges.shipping charges.



IMPORTANT:IMPORTANT: Submitted bids must meet all of the minimum requirements established in your solicitation. If not, you must reject the bid as non-responsive.

After you obtain the quote(s) and then evaluate the responses to determine the lowest responsive, responsible bidder, taking into consideration all applicable preferences.

For small procurements, there is not a set amount of time you are required to give a vendor to respond to a solicitation-you need to use your best judgment as to what is reasonable in the circumstances.

Alaskan Bidder Preference-5% on quoted price

Don’t forget about preferences…….

Alaskan Product Preference

Recycled Products Preference

Alaskans with Disabilities Preference

Employers of People with Disability Preference


Solicitation Tips

• Provide the same information to the bidders at the same time.

• Consider questions or criticisms raised by potential bidders in response to your solicitation.

• Be willing to modify your requirements if warranted.

• Apply all bidder and product preferences.

• Contact the procurement section if you have questions.

Do:

• Give one or some offerors additional or advanced information.

• Verbally state displeasure with a bidder or product.

• Disclose the content of any bidder’s submission to other bidders until after award.

• Let bidders change their submission after the deadline unless you amend the solicitation.

• Remember, the process is a professional business relationship that is legally binding, it is not a friendly transaction.

Don’t:

Ethics Code

The code equates public office to public trust. Any effort to benefit a personal or financial interest through official action is a violation of that trust.

Conduct procurements in a fair and impartial manner, notify your supervisor of potential conflicts, and avoid even the appearance of a conflict.

What can I do to make the processing of documents go

faster?

Have the documents properly initialed or signed by the appropriate people.

Complete the forms entirely.

Call or email warning of rush items.

Dealing With the Bad Stuff

If you receive a protest, contact DAS ASAP!

Attempt to resolve problems quickly-the longer they drag out, the bigger the problem becomes.

If the problem involves a contract award, contact the contract administrator for their assistance.

Cure letter-if necessary, DAS will write a cure letter to the Contractor.

Procurement Island!

You have survived

Congratulations!

Documents

Surviving Procurement Island. Do You Know Enough to Survive… Your Secret Survival Guide Department of Administration Division of Administrative Services