Providing Vendors a Window into DES Contracting By Sylvia Sammons State of Washington etal 1 Get to know DES Register in WEBS Understand Law and Policy Seize the Opportunity Review all documents carefully ID: 677278
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How to Submit a Winning BidProviding Vendors a Window into DES Contracting
By Sylvia Sammons, State of Washington,et.al.
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Get to know DESRegister in WEBSUnderstand Law and PolicySeize the Opportunity
Review all documents carefullyAttend any pre-bid conferences offeredSubmit questions
Watch for amendments and answers
Prepare a Bid Submittal
Steps to Submitting a Winning Bid
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HistoryGeneral AdministrationDepartment of Information ServicesDepartment of PersonnelReal Estate Services
Public Works
Get to Know DES Contracting
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Current
Master Contracts & Consulting
Agency Contracts & Consulting
Construction and Public Works & Energy Contracting
Real Estate LeasingSlide4
MCC - Master Contracts & Consulting"Master contracts" means a contract for specific goods or services, or both, that is solicited and established by the department in accordance with procurement laws and rules on behalf of and for general use by agencies as specified by the department. RCW 39.26.010Mission: Deliver best value master contracts and procurement expertise for state and local government and qualifying non-profit organizations.
Get to Know DES Contracting
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ACCO – Agency Contracting, Consulting and OversightOne Unit, two functionsMission: To conduct procurement of goods and services for DES and to provide statewide oversight, training and guidance for the procurement of goods and services subject to chapter 39.26 RCW.
Get to Know DES Contracting
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Best value contractingOpen and Fair CompetitionPerformance-based contracting
Customer driven procurementLegislative mandatesLean processes
Small Business Emphasis
TransparencyTotal Cost of Ownership
DES Contracting Principals
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Procurement ReformRevised Code of WashingtonWashington Administrative CodeDES Policies
Understand Law and Policy
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What is procurement reform?When effectiveWho it effectsPractical implications for vendors
Procurement Reform
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RCW 39.26 Goods & Services (includes IT)RCW 39.04 Public WorksRCW 39.80 Engineering & Architectural ServicesRCW 43.19 In-state Preference for Print ServicesRCW 42.52 Ethics
Revised Code of Washington
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WAC 200-300Protests and appealsDebarmentWAC 200-300 Small Works RosterWAC 200-01 Public Records
Washington Administrative Code
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DES-090-00 – Delegation of AuthorityDES-140-00 – Sole Source ContractsDES-130-00 – Emergency Procurements/PurchasesDES-125-03 – Direct Buy Procurements/PurchasesDES-170-00 – Complaints and ProtestsDES-210-01 – Agency Contract Reporting
Topic 7 Draft - protest bonds policy recommendations
DES Procurement Policies
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What is WEBS Who Uses WEBSGet registered Vendor Profile Additional ContactsCommodity Codes
Geographic InformationCompany Information
WEBS
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For more information about WEBS go to:
http://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/WEBSRegistration.aspx
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Read the solicitationTake notes Write down questionsAttend the pre-bid meetingAsk questions
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You’ve Received Notice of a Bid Opportunity, Now What?Slide14
Timely SubmittalMeets all material RequirementsAcceptance of Terms
Signed Offer14
Responsiveness
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ResponsibilitySlide15
Ability, Capacity, Skill…Character, Integrity, Reputation…Performance TimelinessPast Performance and ComplianceOther Considerations
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Proposal Scoring Responsibility ChecksSlide16
Pricing MethodologyCompleteness of PricingPrice ValidationPricing Errors
Preferences & Reciprocity16
Proposal Scoring Price EvaluationSlide17
Samples and DocumentationValidate CompliancePerformance TestingClarificationUnsuccessful Bidder debriefing
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Proposal Scoring Specification ComplianceSlide18
Consistent with RCW 39.26.170, all competitive procurements must include an announcement of the ASB(s). Consistent with RCW 39.26.030, following the announcement of the ASB(s), bid submissions and bid evaluations must be available for public inspection.
The complaint process, including the agency response to complaints, must occur before the deadline for bid submissions.
The protest process must include a protest period after the apparent successful bidder is announced but before the contract is signed.
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State Complaints & ProtestsSlide19
Vendors must be given an opportunity to submit a complaint to the agency based on any of the following: a) The solicitation unnecessarily restricts competition; b) The solicitation evaluation or scoring process is unfair or flawed; or c) The solicitation requirements are inadequate or insufficient to prepare a response. The complaint may not be raised again during the protest period. The agency complaint process does not need to include an appeal process.
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State ComplaintsSlide20
After the announcement of the apparent successful bidder (ASB), agencies must offer a debriefing conference to any bidder upon request. Agencies must give bidders a minimum of at least 3 business days after the ASB is announced to request a debriefing conference.
Agencies can require bidder participation in a debriefing conference as a prerequisite for submitting a protest.
Agencies must give bidders at least 5 business days after their debriefing conference to file a protest.
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State ProtestsSlide21
The protest process as a minimum, must allow vendors an opportunity to submit a protest based on any of the following: a) A matter of bias, discrimination, or conflict of interest on the part of an evaluator; b) Errors in computing the scores; or c) Non-compliance with procedures described in the procurement document or agency protest process or DES requirements.
Agencies should assign a neutral party that had no involvement in the evaluation and award process to investigate and respond to the protest.
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State ProtestsSlide22
Agencies must issue a written protest response no more than 10 business days from receipt of the protest, unless additional time is needed. The agency should notify the protesting bidder if additional time is needed. The agency protest decision is final and no appeal process will be required. If a protesting bidder does not accept the agency protest response, the bidder may try to seek relief from superior court. At the time that the agency protest response is issued, the agency head and the Department of Enterprise Services Director must be provided a copy of the original protest and the agency's response. Small and micro agencies that lack staff to address a protest may request assistance from DES.
The state protest process occurs after the bids are submitted and evaluated
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State ProtestsSlide23
Credential ConfirmationConfirm Mutual ObligationsIncorporate NegotiationsContract ExecutionImplementation
Finalize Contract23
Finalize ContractSlide24
Solicitation = Commitment to BuyExceptions and RequirementsConfidentiality of Bid ResponsesBidder ObligationsCancel or Rebid?
Bid Cancelation24
Bid CancellationSlide25
Do your Homework learn about plans and previous contractsMonitor WEBS postingsContact the solicitation coordinator as soon as possible for clarification and for opportunities to influence the specifications that might exclude youScrutinize bid specificationsAttend pre-bid conference
Double check responsivenessDon’t be late
Use all forms provided
Contact your references and provide current contact information
Make sure your business contact information is current in WEBS the Washington Electronic Business Solution
10 Tips for Better Results
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Tips for Better ResultsSlide26
Maintain communication with the contract administratorSurvey the contract administrator and customers for key project milestones and demand schedules, e.g. opportunities to purchase with end of year fundsInform customers of temporary outages on key products to synchronize demand ahead of timeInform contract administrator and customers of key staff changes (Who is my sales rep. today?)Inform contract administrator of changes to your website, catalogs, or any third party service providers that affect your customers.
Performance Issue Avoidance
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Performance Issue AvoidanceSlide27
Bidders must carefully follow the Instructions to Bidders in the documentsBid Bond or Bid Security is requiredOther details:- Acknowledge any addenda- List major subcontractors- Sign the bid
- Be on timeState Construction
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State ConstructionSlide28
Bidders must have a current state of Washington contractors license.Some specialties require special licenses.A 100% Payment and Performance bond is required.An exception can be made for projects less than $35,000.The performance bond must be submitted before the state will sign the construction contract.
A minimum level of liability insurance will be specified in the bid documents.
Contractors must submit a certificate of insurance before the state will sign the contract.
State Construction
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State ConstructionSlide29
For projects >$1,000,000 a level of 15% apprenticeship participation is required.The requirement is an aggregate for the overall project based on total labor hours.Exceptions can be granted for some circumstances.Most projects have a 10% MBE and 6% WBE voluntary requirement.DES requests MWBE data for the general and subcontractors on the third monthly invoice and at project completion.We request data for both certified and self-identified MWBE participation.
State Construction
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State ConstructionSlide30
Contractors on public works projects must pay prevailing wageshttp://www.lni.wa.gov/TradesLicensing/PrevWage/Policies/default.asp link to State Labor & Industries webpage for prevailing wage policies and determinationsAn “Intent to Pay Prevailing Wage” form must be submitted for all trades prior to invoicing for those tradesAt the end of the job, the “Affidavit of Wages Paid” form must be submitted for all trades30
LNI RequirementsSlide31
What are the filing requirements?Public works contracts require that each and every employer on the project file the Statement of Intent to Pay Prevailing Wages (Intent), and Affidavit of Wages Paid (Affidavit) Public Works contract form. The forms are filed with L&I and, once they are approved, are submitted by the employer to the agency administering the contract.
Is there a minimum contract amount?There is no minimum dollar contract amount. That is, Intent and Affidavit forms are required for every public works contract regardless of the size of the contract.
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LNI RequirementsSlide32
Where do I file an intent?The Intent form is filed immediately after the contract is awarded and before work begins, if that is possible. The agency administering the contract may not make any payments until contractors have submitted an Intent form that has been approved by the Industrial Statistician.
When do I file an affidavit?
The Affidavit form is not filed until after all the work is completed. The agency administering the contract may not release final retainage
until all contractors have submitted an Affidavit form that has been certified by the industrial statistician.
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LNI RequirementsSlide33
Questions?http://www.des.wa.gov/services/ContractingPurchasing/Pages/default.aspxThank you
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Thank You