THE RFP REPORT

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THE RFP REPORT

  1. 1. THE RFP REPORT ISSUE 21 MAY, 1998 The newsletter of ideas, checklists, guidelines and information about the Request For Proposal MichaelAsner, Editor INSIDE RFP GUIDELINES & TEMPLATES Alaska Great examples from S standardization. In some S Model RFP .._.... pg 3 Alaska, Massachusetts S organizations, typically those The Procurement Officers in Alaska have less and Georgia S that issue few RFPs, each time S discretionaty power than their colleagues in S they start anew. However, if the S some other jurisdictions. This approach Why should you standardize? S same people are involved, then S supports the development of a standardized Why should an organization they build up a body of infor- S RFP shell. adopt and maintain a model S mal knowledge based on past S RFP? What are the advantages S experience. They have old The RFP shell developed by the State has S of a readily available RFP S project files, memos, a few three groups of important features; (i) the S structure and use of the document; (ii) the “template”? It takes a lot of S examples, and their own prior S instructions provided to the Procurement work to develop an RFP from S work. S Officer; and. (iii) the terms included in the RFP scratch. To create a simple a itself. S RFP, you need to know the S Other organizations go further. S process, the requirements, the They recognize the costs and S Massachusetts organization’s policies and S risks associated with this Request For Response Handbook pg 8 S guidelines, as well as applicable S process. They attempt to ex- S In 996, new regulations were promulgated laws. The process often gener- S tract some value from each S which dramatically changed the focus and ates documents and is control- S effort which will improve the execution of procurement-related activities. S led by documents: review a next RFP. These organizations These regulations introduced a single S solicitation concept called the Request For forms, approval forms, con- S introduce some level of stand- S Response (RFR(. ‘the mechanism used to tracts, acceptance forms. a ardization into the process or S communicate Competitive Procurement S the document. specifications and to request Responses of Having created one RFP and S S interest from potential Bidders” This RFR completed the selection pro c- S For most organizations, some S replaces a variety of procurement instruments ess, the second is a lot easier. S level of standardization of the including RFP (Request For Proposal). IFB S In completing the first one, a S RFP makes sense. All RFP5 (Initiation For Bid(, ITB (Invitation To Bid), and S RFQ (Request For Quotation). person obtains real knowledge a must deal with the same two S and experience. Having issued S sets o issues. First, the rules S Georgia an RFP and evaluated propos- S for the process; second, the Guidelines and Template .......... pg 13 als once or twice, organizations S S requirements or specifications. start to look for short-cuts. a These detailed guidelines and the S accompanying RFP Template were developed How can they improve the S Formalizing and standardizing S for “use by all local governmental entities, results, simpli1~’he process, t S the rules is relatively straight- a including cities, counties, school districts, as and reduce the amount of a forward. Simply take the rules well as state government agencies and a knowledge needed? a from your latest RFP and use Regional Development Centers in contracting S for professional financial and compliance S these next time. If, in reviewing S auditing services” There are a number of different S the new RFP, some of these S responses to this question of rules no longer make sense,
  2. 2. The RFP Report is published by RFP GUIDELINES & TEMPLATES continued form page 1 Michael Asner Consulting, a division of S a S then change them. If a new S for managers to direct and Michael Asner Holdings. 5951-237 A a a Street, Langley, B.C. V2Z 1A6. Canada. S situation arises and rules must S control this process. Andit S S Phone / Fax (604) 530-7881 S be modified or added, then certainly makes it easier to S S ISSN 11 92-392X S revise your standard. S defend the process as being S S S “visibly fair. S S Printed/n Canada. S It is difficult to standardize the S a a Copyright 0 1998 Michael Asner S detailed description ofthe a Since the RFP is both a docu- S S Consulting. All rightsincluding transla- S requirements for that is what S ment and a process, there are S S tioninto other languages, reserved by S makes each RFP unique. a many opportunities to intro- S S the publishers. No part of this publica- S However, you can standardize S duce standardization. There are S tion may be reproduced in any form, S the format arid the type of S many elements which can be S S bymicrofilm, xerography, or other- information contained in your S used to simplify the process, S S wise, or incorporated in any informa- S statement ofrequirements. You S reduce the risks, reduce the S S tion retrieval systems without the S can standardize the format of S costs, or reduce the amount of a written permission ofthe copyright S S the information that suppliers S trainingrequired: S owner S S send back. You can standardize S S S S the questions which you ask S 1. Standardize the Table of S S S suppliers to determine their S Contents of the RFP document S RFPs and the law of contracts experience, corporate capabili- a 2. Standardize the Terms & S S S S ties, or references. You can S Conditions which are included S The process of issuing an RFP and receiving S have a pre-defined standard- S in the RFP document. S S proposals does, by design or inadvertently. S ized evaluation procedure (and S 3. Standardize the contracts S establish contractual rights and obligations. S S forms). S resulting from the process. S Each RFP and the associated process S S S 4. Standardize the process by should be reviewed by your lawyer or legal S S S Some organizations are con- S identifying tasks and having a department prior to issuing the RFP. The a . S cerned about promulgating standard project plan. examples and sample RFP5 used through- S S a standards; others issue RFPs S 5. Standardize the format of out this text have been used in many S S differentjurisdictions in the past. The S for similar goods or services all S the RFP document. a a author makes no claim about the appropri- S the time. For example, central a 6. Provide a standardized RFP S S ateness, correctness, or legal conse- S finance groups might create S shell or template. S S quences of these examples or sample RFP5. S RFPs for audit services for all S 7. Provide a standard check- S S Competent legal advice should be ob- S the reporting agencies. Or a list to monitor the tasks before S tained to review your Request For Proposal S central information technology the RFP is issued. a S and the associated process. a groups might create RFPs for S 8. Provide a standard check- S S S various departments acquiring a list to ensure that contracts S S S document imaging systems. S deal with all required issues. S S Our Reference Books: S These types of organizations S 9. Provide a standardized S S • The Request For Proposal Handbook S can standardize, not only on a statement of requirements for S S a the terms and conditions, or S similar types of procurements. • Handling Supplier Complaints and S S Protests S the evaluation process, but they S S S can standardize the description This issue of The RFP Report • Selecting a Computerized S S S S of the users’ requirements. presents three examples of Maintenance Management System S S S S standardized RFPs. Each a S Our internet address is: S Standardization makes it easier S presents a different perspective S S asner@compuserve.com for new people to understand S S on standardization. S S 2 S this process. It makes it easier S
  3. 3. Alaska RFP Template S S The Procurement Officers in ~ State has three groups of a and easy-to-follow. Alaska have less discretionary : important features: (i) the • The document identifies the power than their colleagues in : structure and use of the docu- : laws and regulations governing some other jurisdictions. The : ment; (ii) the instructions : the content of each section. detailed nature of the State provided to the Procurement a The document clearly identifies Procurement Code and Regula- Officer; and, (iii) the terms those sections in which the S S tions removes many options. included in the RFP itself. Each Procurement Officer has some S S There is no debate about pub- a of these groups is discussed in discretion as well as those S S lishing weights in an RFP or a the remainder of this section. sections which must be in- S S how to convert costs to points. a cludedwithout alternation. These issues are prescribed by : 1. Structure and Use of the : a The document is available to all law and cannot be changed. : RF’P Shell : government Departments and This approach supports the : Agencies in both printed and development of a standardized : The RFP Shell is noteworthy for electronic form. This makes it RFP shell. : several reasons: : easy to modify with a minimum S of effort. The RFP shell developed by the : a The document is easy-to-read, ~ a The document comes complete a S S a with attachments. S TABLE OF CONTENTS 122 Disputes I 23 Severability SECTION ONE 1 24 Federal Requirements Introduction and Instructions SECTiON TWO 1 01 Return Mailing Address, Contact Person, Telephone & Standard Proposal Information Fax Numbers. Deadline for Receipt ofPropo.sals 1 02 Contrsct Term & Work Schedule 2 0I Authorized Signature 1 03 Purpose of the Request for Proposal (RFP) 2 02 Pre-proposalConference 1 04 Budget 2 03 Site Inspection I 05 Location of Work 2 04 M’iendments to Proposals I 06 ,Asastance to Offerors With a Disability 2 05 Supplemental Terms and Conditions I 07 Required Review 2 06 Discussions with Offerors I 08 Questions Received Prior to Opening of Proposals 2 07 Prior Experience 1 09 Nnendments 2 08 Evaluation of Proposals 1 10 Alternate Proposals 2 09 Vendor Tax ID I II Right of Rejection 2 10 F 0 8 Point 12 State Not Responsible for Preparation Costs 2 I I ,Aiaska Business License & other Required Licenses I3 Disclosure of Proposal Contents 2 12 Application of Preferences 14 Subcontractors 2 13 5% Alaskan Bidder Preference IS Joint Ventures 2 14 1 5% Employment Program Preference 16 Offeror’s Certification 2 15 I 0% Alaskans With Disabilities Preference I 17 Conflict of Interest 2 16 0% Employers of People with Dtsabilities Preference I 18 Right to Inspect Place of Business 2 I7 Qualifying for Disability Related Preference I 9I Solicitation Advertising 2 18 Formula used to Convert Costs to Points 1 20 News Releases 2 19 Alaska Offerors Preference I 21 Assignment 2 20 Contract Negotiation
  4. 4. 2.21 Failure to Negotiate SECTION SIX Proposal Format and Content 2.22 Notice of Intent to Award {NI~) 2.23 Protest 6.01 Proposal Format and Content 6.02 Introduction SECTION THREE Standard Contract Information 6.03 Understanding of the Project 6.04 Methodology used for the Project 3,01 Contract Type 6.05 Management Plan for the Project 3 02 Contract Approval 6.06 Experience and Qualifications 3.03 Standard Contract Provisions 6.07 Cost Proposal 3 04 Proposal as a Part of the Contract 6.08 Evaluation Criteria 3 05 Additional Terms and Conditions 3.06 Insurance Requirements SECTION SEVEN Evaluation Criteria and Contractor Selection 3.07 Bid Bond - Performance Bond - Surety Deposit 3 08 Contract Funding 7.01 Understanding of the Project 5% 3.09 Proposed Payment Procedures 7.02 Methodology Used for the Project 5% 3 10 Contract Payment 7 03 Management Plan for the Project 15% 311 Informal Debriefing 7.04 Experience and Qualifications 15% 3.12 Contract Personnel 7.05 Contract Cost & Various Alaskan Preferences 40% 3 13 Inspection & Modification - Reimbursement for 7.06 Alaska Offeror’s Preference 1 0% Unacceptable Deliverables 3 14 Terminabon for Default SECTION EIGHT Attachments 3.15 Liquidated Damages 316 Contract Changes - Unanticipated Amendments Standard Agreement Form 3.17 Contract Invalidation Appendix A Appendix 81 or 82 SECTION FOUR Notice of Intent to Award Background Information Proposal Evaluation Form 4.01 Background Information Contractor Evaluation Form SECTION FIVE Checklist Scope and Schedule 501 Scope ot Work 5 02 Deliverables 5.03 Work Schedule a - S S 2. Instructions to the Procure- S S Officer Notes” Delete these Instructions in a 78492 ment Officer S S ~ the final draft of the RFP. ~ S S ~ • Procurement officer word choices in a ~ - ‘This RFP shell attempts to walk the user The document presents clear section are in caps, bold pnnt and italics, through a logically arranged series of instructions to the Procurement For example’ WILL I WILL NOT You subjects that should be considered when Officer. Each section of the should make the choice, then enter the drafting an RFP. Where permitted. model RFP identifies the options a word in regular style print e g.. will riot. procurement officers should exercise S available, and the applicable S S S discretion to include or delete those items section of the Procurement Code S a a ‘The location of unique names and S best suited to their specific RFP or Regulations which applies. S S numbers are identified like this. a a S Instructions to Procurement Officers NAME or NUMBER. You should pro~de - Delete this instruction page in the final the correct name or number and enter that draft - Instructions to procurement officers are information in regular style print, e g... shaded and begin with “Procurement 4
  5. 5. S S 3. Items in the RFP Itself Procurement Officer Note: Provide a to ensure that the RFP is not a Detail On The specific Prior S a a defective and does not inadvert- a Experience You Require. S a Many of the specific features of S ently restrict competition. S State The Minimum Acceptable S S Amount Of TIme the actual RFP are also note- S Protests must be made prior to S worthy. Here are some high- a S a the due date to permit time for S Remember There Must Be Some S Way For Third-Party Independent lights. The actual document is revisions to be issued. S Verification Of The Experience You S S some 50 pages in length. The a a Ask For a S Procurement Officer Note: This following items while not a S Be Careful About What You Ask For S Section Should Not Be Altered Or a As You May Set Requirements So unique do improve the process a Deleted. S High That You Disqualify Good S a Potential Contractors and quality of the document. S S S a Specifications such as prior They deal with issues, con- Qfferors should carefully review this experience may not be unduly S a S solicitation for defects and questionable or S restrictive per AS 36.30.060 (c). cerns, potential problems which S S Make sure that you have a a objectionable matter. Comments a reasonable basis for thiS and all are not always addressed in a a other specifications. RFP documents in other juris- S concerning defects and objectionable a a S Procurement Officer Note: This dictions: S material must be made in writing arid a a a Sentence Should Not Be Altered. a received by the procurement officer at least a But May Be deleted If Not a a Required. * It is the vendor’s responsi- a ten days before the proposal opening. This a a S bility to ensure that the RFP is S will allow issuance of any necessaiy a S S An offeror~s failure to meet these minimum not defective. a amendments. It Will also help prevent the S prior experience requirements Will cause a opening of a defective solicitation and S S a their proposal to be considered non- * The requirements for prior a exposure of offeror’s proposals upon which S a S responsive and their proposal will be a award could not be made Protests based a experience must be justifiable. S a rejected. a on any omission or error. or on the content S a S * Acceptable types of con- a of the solicitation, will be disallowed if S a a 3.01 Contract Type tracts are identified and dis- a these faults have not been brought to the S S a cussed. a attention of the contracting officer in S S a The Model RFP serves as a a writing, at least ten days before the time a a a tutorial document for Pro cure- * The Procurement Officer is S set for opening. S ment Officers. It identifies the S a directed to describe the work to S S permissible types of contracts. a 2.07 Prior Experience S be done and the schedule in S a S a detail “Write it as if you were - a S Procurement Officer Note: IDENTIFY APPROPRIATE TYPE OF trying to explain it to a twelve a Ifcertain levels of experience S a a CONTRACT. year old child”. S are required, they must be S a S THERE ARE SEVERAL DIFFERENT S measurable and reasonable. a TYPES OF CONTRACTS WHICH MAY a a BE SUITABLE FOR YOUR PROJECT. * The questions used to S S S Procurement Officer Note: Alter, S REVIEW THE CONTRACT TYPES establish the scores are defined S Revise. Or Delete As Required. a S a LISTED BELOW TO DETERMINE and published in the RFP. S a WHICH WOULD BE THE MOST a S APPROPRIATE. a No specific minimums have been set ror S S a THE TYPE OF CONTRACT USED IS In the remainder of this article, S iriS RFP S UKELY TO HAVE AN IMPACT ON S S each of these key features are a S COSTS TO THE STATE. THE S OR a PROCUREMENT OFFICER SHOULD described. S S SELECT THE TYPE OF CONTRACT a in order for their oilers to be considered a THAT WILL BEST SERVE THE S a STATE’S NEEDS AT ThE MOST 1.07 Required Review a responsive. ofterors must meet these a REASONABLE COST. S a S mir,imurn puor experience requirements. S S The following information is for S It is the vendor’s responsibility S a preparer’s information only and S a should not be printed in the final S a 5
  6. 6. contract : is estdbllshed If actual costs fall below EXACTLY WHAT YOU WANT Fixed Price ro’atracts : S estimated costs, the contractor and State . share in the savings The contractor can • . DONT PRESUME THAT THEY WILL ~GET IT’ IF YOU DONT SAY IT Firni Fixed Price ~ lose all or part of their fee, but ihey must ~ S . WRITE IT AS IF YOU WERE The most common and easiest contract r be paid br all costs ~ TRYING TO EXPLAIN IT TO A 0 ~ TWELVE YEAR.OLD CHILD admrnrster is a firm fixed price contract A a S S fixed price contr ict is nn~which obligates S Cost Plus A Percerrage Of Cost . The Department of f~ME,Division of tne contractor to perrormance at a S These contracts are prohibited by statute S ~ NAME is soliciting proposals for WHAT soecified price ~ Under this type of contract the rnnt’octor . ~ KIND of services ~ recerves payment for costs ot oerfnrmance fixed Price With Adjusrnent plus a specified perccnraoe of such actoal ~ The department wants assistance to CC) WHAT These contracts allow for pnce adjustments costs as a fee These contracts provide no • S The consultant Will DO WHAT’ on the occurrence of specified changes in incentive for efficient arid economrc’t • S S the cmt or price factors ‘ci nut in the ~ contractor performance and must not be a S a The types of croft in State agencies that tOe conrratt These types of contracts are most S used use~u’when the cnntractor’s future prices ~ contractor must nrervew are tt’l’iO S S are so uncertain to make ~ firm proposal • Other Types Of ~ontrects S Other helpful informational material that inrpcssrbie, or 1 covering all probab’e risk. • can be provded to the consultant includes so hioh as tr’ make the ofrer unattractive • Time And Materials Contrac’s S 5 ~ WHAT and possrbiy unfarr ‘c the S’ate ~ in addition to a 1:xed labor rate, thes~ contracts include separate costs for : ~ The goal of this project is to W’IAT F:xeci Price incant:ve materials used unmet the cori’ract. A target pace. ceriirlg price and a profit ~ormulaare u~c’d -h’s ryac or contract in : • Procurement Officer Note: Delete s S 5.02 Deliverables a the previous contract information • The Procurement Officer is Wn~.tic cn,iirac tar performs Dcccv mire i ccscs s’ipuiatea in tin’ target 00cC. inc a ~ ~ and include the following sentence with the appropriate information in the RFP. : instructed to list every dehver- a able you can think of or—tractor and toe State share in the • S — S a savings it ccs~scxcecd those estimatest ~ Th~ cnntract is a ENTEr? NAME OF TIFF ~ ENTER APPROPRIATE tue contractors orulit rncroin deciines and contract ~ INFORMATION. ALTER, REVISE, OR - S DELETE AS REQUIRED. :h,.’ price ct’,iinq 5 ,.iribe~cdtn in these ~‘pes 01 ccntr’cts, perforrrrance can be S aOl r Scope ofWork ~ ~ LIST EVERY DELIVERABLE YOU CAN THINK OF, EVEN THE ONES THAT quantIfied in terms nI cos:s and services DO NOT SEEM PARTICULARLY IMPORTANT RIGHT NOW. .ind/crr”Jeliversnle’, • The Procurement Officer is Cos’ Re’rnburscm”n’ Contracts : a instructed to be as specific’ ~iHcl as comprehensive IS possible. • a S DO NOT ASSUME THAT THE CONTRACTOR WILL GIVE YOU MORE THAN YOU ASK FOR. YOU S SHOULD BE ABLE TO LOOK ~ THROUGH ThIS LIST AND BE - . .,‘-,~ “ - ~ Procurement Officer Note: ENTER SATISFIED THAT ThE JOB ~flLL BE COSL ‘iUS I i,~ed ,‘ec APPROPRIATE INFORMATION. FINISHED WHEN YOU GET Unour tflecr’ ~0rrtrert’~. nn:ractcrs are paid c ~ ALTER. REVISE, OR DELETE AS ~ EVERYTHING LISTED HERE. PFOLJII7FD. for all .rliowah’e costs ~iJ5 predsterrnr.ned • -. , ~,, ‘ a . INFORMATION YOU PROVIDE IN S ‘sea fee i hese Lcntrocts hai tt:, • ,~u, .d ~ THIS SECTION TELLS THE a Toe contractor will he requrred to provide to he oenclic:ai for research and ~ OFFERORS WHAT YOU WANT the toIlowin~neieerabies ~ DONE riewinprnert wail. S a Cost Plus incenove ~ee a BE AS SPECIFIC AND • i 1 ~ COMPREHENSIVE AS YOU a ‘~ i Under this type of ccntact. a tentative tee S POSSIBLY CAN S S S O,.i~ed estimated costs and a target price on • . I FT T~.lF flFFrI~~D~ i(Ri(~W fh~ WHAT S S 6
  7. 7. a S WORK TO DO AND LET ThEM • equipment. and licenses necessarY to S BRING BACK SOMEThING ThAT a • a MAY OR MAY NOT suEr you. S perform the contmact? INIERACT WITh ThE CONTRACTOR ~ a TO KEEP ThE PROJECT ON TRACK. ~ S [f] Does t appear that the offeror can meet S S S the schedule set out in the RFP? a 7.03 ~anagemeflt Plan for the ~ S a S Project 15% S Has the contractor offered alternate S a a deliverables and gone beyond the ~ a The State has standard1z~the a minimum tasla necessary to meet the 5.03 Work Schedule ~ S evaluation process the criteria, - a S objectives of the RFP? ~ S number of points or weight5~ S The Procurement Officer a and the evaluation questionS. Is the proposal practical. feasible, and instructed to list “every event a Five standard criteria are used: : within budget? and milestone you can think a ~nderstandiflg of the Project of’. a (15%)~ ~ethodo1ogY Used for ~ a çi~ How well have any potential problems the Project (15%)~ Management been identified? a S a Plan for the Project (15%), : Experience and Qualifications is t~e proposal submitted responsive to : (15%)~ and Contract Cost all material requirements in the RFP? (40%). Listed below is the : a S explanation for one of the criteria: Management Plan for Additional lnformatiofl the Project. Russ Hansen S Statewide Procureme~ltOfficer Dept. Of Tra sportatlo” and Public Facilities 3132 Channel Drive, Room 350 Juneau, AK 9980 1-7898 Phone: 907/465~.8946 S Fax: 907/4653652 • S email: S a S RUss_Hans @dot.5t~te .ak.U5 The home page for Statewide S • procUremeI~t 5. 1 : <httP//W.d0t,5tate.ak.1~ : S a ~ WE NOW TAKE VISA S S No more cheques for small amounts Lreinvoices a We now accept s/isa as payment for aur aationsSncat~ ~ a card number and expiry date on the order S form
  8. 8. Massachusetts — Request For Response Handbook a The State of Massachusetts has S the Request For Response agency procuring goods and been very active in procurement reform. In April, 1996, new S a a (RFR), “the mechanism used to communicate Competitive : services, or examining its S ~ current practices. regulations were promulgated S Procurement specifications and S which dramatically changed the S to request Responses or inter- The Handbook is a major S focus and execution of procure- a est from potential Bidders.” contribution to developing a ment-related activities. a This RFR replaces a variety of effective solicitation documents a S procurement instruments as it provides explanations and a 801 CMR 21.00, the new pro- S including RFP (Request For examples of the content, form a curement regulations, covers S Proposal), IFB (Initiation For and structure of the RFR. As a the acquisition of Commodities a Bid), ITB (Invitation To Bid), such, it can serve as a model a and Services through various a RFQ (Request For Quotation), for other jurisdictions. S methods including: outright S and others. purchase, fee for service, tax S The Handbook consists of two S exempt lease-purchase, lease- a The regulations were developed parts The Basics, and The - a purchase, rental, license, and a around nine principles devel- Details. In addition there are S otherauthorized methods. a oped by customers: extensive attachments com- S a posed of checklists, forms and S 211)1: Purpose. Application and Authority a A successful procurement is one which samples. S S • Is driven by results or outcomes, a ~l) Purpose The purpose of 801 CMI? a • Generates the best quality economic a The Commonwealth of Massachusetts a vaiue. a 2 1 00 is to provide all Departments With a PROCUREMENT POLICIES AND S • Is timely. a S PROCEDURES HANDBOOK uniform rules and standards governing the Procurement of Commodities or Services, or a a a Minimizes the burden on admrnistrative resources, : TABLE OF CONTENTS both, including Human and Social Services a • Expedrtes simple or routine purcnases. S INTRODUCTION a Allows flexibil;ty in developing alternative S for Clients, Procurements will be a a procurement and business relationships, considered in the best interests, or the Best a a a • Encourages competition, ~ PARTONE-THEBASICS Value, to a Department and the State a a a - Encourages the continuing parriciparron a when a Procurement supports and S cit quality Vendors. ana a S a 1 PROCUREMENT PRINCIPLES BEST balances the following Procurement Supoorts Commcinwealth ,:irid a S VALUE a Department procurement plans Principles’ the achievement of required II OPERATIONAL SERVICES DIVISION a S a (OSD) outcomes, generates the best quality S The initial version of the Poli- lii ROLE OF PROCUREMENT economic value, is performed timely, a S cies and Procedures Handbook MANAGEMENT TEAMS (PMT5) minimizes the burden on administrative a S lV ROLE DEPARTMENTS OF a was released at the same time S resources expedites simple am routine S a V PROCUREMENT SNAPSHOT S as the new Regulations, in April S purchases, allows flexibility in developing S a VI WHAT IS COVERED BY THE a 1996. (Since then, the Hand- S REGULATIONS alternative Procurement and business a a book has been revised.) This VII WHEN IS A COMPETItiVE relationships, encourages competition, a a PROCUREMENT REQUIRED? a Handbook consists of 124 encourages the continuing participation of a VIII COMM-PASS Commonwealth pages plus about 50 pages of Procurement Access and Solicitation a System lComm-PASSJ quality Contractors and supports State and a attachments. It provides a S S D partment Procurement planning and S thorough, reasoned, and con- S implementation a a PART TWO THE DETAILS a sistent explanation of policies a S a and procedures. This is a I HOW TO D~ A REOUEST FOR These regulations introduced a S a valuable resource for any public • RESPONSE (RFR) single solicitation concept called a a a S 8 S S
  9. 9. S Environmentally Preferable Products a : Request for Response (RFR} Section 3 - Program (EPP Program) II HOW TO DO A COMPETITiVE S • Identity Whether Single or Multiple a PROCUREMENT a Contracts are Required Procuring Department Responsibilities for S III. CONTRACT EXECUTION : Statewide Contracts S a EPP Purchasing Mandatory Department Purchasing and IV CONTRACt’ IRANSACJ’IONS AND : Qualified Contractor LIsts Open o Enrollment Qualified • a S RFR Specifications For Designated EPP Commodities and Services V CONTRACT MANAGEMENT Recommended Department Purchasing Contractor LIsts a VI. OUALIFS’ ASSURANCE a and RFR Specifications For Designated EPP : RFR Section 4 - IdentifyWhether Single or : S Products and Services a Recommended Methods for Promoting Use Multiple Departments May Use a RFR Section 5 - Identify the Anticipated a of EPP Products and Services REGULATIONS a Duration of Contract a Substituting or Adding EPP5 to an Existing ATTACHMENTS :: RFR Section 6 - Anticipated ~ for the Expected S a Contract Recycled Contract Purchasing S Requirements for State Departments a ~ RFR Section 7 - Performance and Contract Utilizing Federal Funds a Part Two of the Handbook Specifications S Evaluating Responses for EPP Requirements a Additional to RFR Specifications Potential a contamS 45 pages describIng • Additions Considerations and S Procurement File Record Keeping.’EPP S Efforts and Purchases the process for drafting an RFR. . What are Expected Contract Deliverables a EPP Technical Assistance Here are the topics it covers: Is Brand Name or Equal Involved? a a RFR Section B- Instructions for Submission S of Responses Year 2000 Compliance S The RFR Should identify any Response I HOW TO DRAFT A REQUEST FOR What are Performance Dates and Deadlines S S Format Requirements RESPONSE (RFR) a • What Will Performance Measurements - What Does a Request for Responses (RFRJ How are Perfon’rlance be Judged? a The RFR Must Instruct all Bidders Where Look Like? a S and How to Submit Their Responses • What Information Do You Want to Know a Mnimum Contents of a Request for • About A Bidder? Joint Response from Multiple Bidders a Response )RFR) S RFR Section 9 - Deadline for Responses and Sample Request for Responses )RFR) a Contract Project Managers S Procurement Calendar S • Identification of Subcontractors a Deadline for Submission of Responses Checklist and Sample RFR a Mnority Business Enterprise (MBE) a World Trade Organization )V ITO)I RFR Section 1 Description or Purpose of ParticipatiOn’r Affirmative Market Program 5 a Government Procurement’ Agreement Procurement S (GPA) RFR Section 2 - Identity Acquisition Method ~ a Financial Statements -Audited or Un- a a RFR Section 10- RFR Attachments Compensation Structure of Contracts • Anai~inga Financial Statement a S Required and Optional RFR Attachments Unit Based Compensation ~ Financial Statement Analysis Tips a S Commonwealth Terms and Conditions S Project-Based Compensation a Business References S “Rate Contract.S” vs “Maximum Obligation Contracts” : • Will Contractor Owned Materials Be Used During Performance? a a a W-9 (Massachusetts Substitute W-9 Format) Standard Contract Form Rate Contracts Identifying a i~MarketBasket” or “Catalog” of S Contractor Authorized Signature S Verification Form Maximum Obligation Contracts S Bidder Commodities and Services S Acquisition Methods : Identification of a More Cost Effective or Best Value Alternative S a S Consultant Contract Mandatory Submissions Form Fee-For-Service ~Service Contracts) • Additional Contract Requirements or S Affirmative Action Plan Form (Employers) S Acquisition Methods Commodities Considerations S Mnorily Business Enterprise (MBE a Prevailing Wages Requirements a Participation Form Acquisition of Durable Commodities a Business Reference Form • Consultant Contracts a Outright Pur hose Long Term Use Witli • a Certification of Tax Compliance Form Ownership • Contracts With Individuals S a Authorization for Electronic Payment Form Rentals Short Term Use Without Contractor Supervision of State Employees S Ownership Risk of Loss Insurance and Performance Term Lease Long Term use : Bonds S a a Environmentally Preferable Product (EPP) Sample RFR Language Attachment Licenses — Long Term Use Without Proof of Workers Compensation Payments S Request for Response (RFR) Basic Drafting Ownership and Employment Security Contributions S Tips S Tax Exempt Lease-Purchase S Record Keeping Requirements - Security a RFR Drafting Tip #1 - RFR Drafting Formula a When to Record Fixed Assets ~ Issues S RFR Drafting Tip #2 - Provide the Same a invoice and Payment Specifications. Prompt a Information and Opportunity tO All Bidders Other Acquisition Methods • Pay Discounts. EDI S a Contingency Fee Contracts Programmatic or Fiscal Reporting S a Requirements S

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