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Brown Bag February 6, 2008. The RFP Process. BOOT CAMP. Objectives. From this class the leaner will be able to: Identify appropriate situations for using the RFP Develop an RFP Advertise an RFP in accordance with Texas statues and other rules - PowerPoint PPT Presentation
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Brown Bag February 6, 2008Brown Bag February 6, 2008
ObjectivesObjectivesFrom this class the leaner will be able to:
Identify appropriate situations for using the RFP
Develop an RFP
Advertise an RFP in accordance with Texas statues and other rules
Conduct a pre-proposal conference
Evaluate and Score responses
Notify appropriate parties of contract award
Identify basic contract administration duties
What is an RFP?What is an RFP?
An RFP is a formal invitation for a vendor to submit a proposal to provide a good or service to
the State.
When is an RFP Used?When is an RFP Used?
Price is not the primary concern
Respondents are expected to provide the best solution
Respondents are evaluated on a variety of criteria
Specifications are not clearly defined
Basic structureBasic structure
Section I: General
Section II: Statement of Work
Section III: Proposal Information
Section IV: Contract Terms and Conditions
Exhibit A: HUB Subcontracting Plan
Exhibit B: Execution of Proposal
Exhibit C: Compensation and Fees
Writing and Organizing TipsWriting and Organizing Tips
Remember the FACCS:Flexible
The solicitation allows for innovative solutions.Accurate
The solicitation will result in an acquisition that meets the needs of the end user.
ClearAvoid jargon and confusing terms.
CompetitiveThe solicitation allows for multiple parties to respond. It is not
written with one provider in mind.Simple
Say only what you need to say. Avoid unneeded explanations or background information.
Sectional overview and Sectional overview and DescriptionDescription
Introduction and OverviewLegal Citations
The authorizing legislation can be found in the TGC2156.121-124; TAC Title 34, Part I, Ch. 20.37, and other statutes specific to the type of procurement/contract. (i.e. TGC2166.2533)
Project Description This section summarizes the reason for the
procurement.
Sectional overview and Sectional overview and Description Description
BackgroundOnly relevant information regarding the
procurement should be included. Examples of relevant information can be:State or Federal mandatesChanges to an existing department/program
A brief program description might be necessary
Sectional overview and Sectional overview and Description Description
Scope of Work In this section, first provide a summary of
the work that is to be done. Then, detail each item the contractor is
responsible for completing by describing the required services, deliverables, and delivery deadlines.
Sectional overview and Sectional overview and Description Description
Contract TermAmount of time covered by the initial
contract term (e.g., three years.)
Possible Extensions or Renewal PeriodsAs a general rule, the total contract term (initial
contract term plus renewals or extensions) should not exceed four (4) years if state funded, and five (5) years if federally funded.
Sectional overview and Sectional overview and Description Description
DefinitionsWords will retain their most common
meaning unless otherwise specifiedDefine acronyms that will be used
throughout the document.
Example:“CPA” means the Comptroller of Public Accounts. “AIS” means automated information system.
Statement of WorkStatement of Work
The statement of work is the written expression of
the end of a project before the work has
begun.
This section is the core of the RFP.
Statement of WorkStatement of Work
Agency DutiesIn short, it is the primary responsibility of
the agency to thoroughly define their expectations.This can be in terms of deliverables,
communication, invoicing, and any other relevant items.
Contractor Duties The contract is responsible for
demonstrating how they expect to fulfill the expectations expressed by the agency.
Proposal informationProposal information
Schedule of EventsIn this section, include all critical procurement
dates up to the contract start date. Also, provide a summary or outline of the project
timeline, beginning with the contract start date. Include due dates for all major contract milestones. It is often helpful to tie due dates to the contract start date
(e.g. “deliverable is due 90 days after contract execution”) instead of a set date (e.g. “September 1, 2006”) to account for possible project delays.
Proposal informationProposal information
Revision to the ScheduleOutlines the procedure for informing
parties of revisions to the schedule.
Pre-proposal conferenceThe date of the conference should be
listed in the schedule of events.This conference can be mandatory or
optional. Either case must be stated in the RFP.
Proposal informationProposal informationProposal Requirements/Content
Expand on the summary provided in the schedule of events. Define deliverables attached to the specified dates
Describe how the agency will measure and evaluate the contractor’s performance under the contract. Define expected levels of performance List industry standardsList remedies if standards aren’t met
Include a list of required documents that need to be submitted by the respondent in order to be considered responsive to the proposal.
Proposal informationProposal information
Proposal SubmissionRFP Opening Date and all compliance
requirements
Delivery of ProposalsInclude submission deadlines and valid
submission addresses, email addresses, and/or fax numbers.
Proposal Opening WhenWherePublic OpeningPublic Notice
Proposal requirementsProposal requirementsProposal Evaluation and Award
For a purchase made through competitive sealed proposals, agency making the purchase: (1) must specify in the RFP the known factors other
than price that the agency will consider in determining which proposal offers the best value for the state; and
(2) may concurrently inform each vendor that made a proposal on the contract of any additional factors the agency will consider in determining which proposal offers the best value for the state
if the agency determines after opening the proposals that additional factors not previously covered are relevant in determining which proposal offers the best value for the state.
Gov’t Code § 2155.075
Contract Terms and ConditionsContract Terms and Conditions
CustomizationEven though each agency might have
standard terms and conditions, it is important that they are reviewed every time they are to be included as part of the contracting document.
Contract Terms and ConditionsContract Terms and Conditions
Essential Contract Clauses
The State of Texas Contract Management Guide lists the following as essential contract clauses:Some of the clauses might be reflected in the RFP
Dispute Resolution Contractor Responsibilities Indemnification/Damage Claims Abandonment or Default Right to Audit Force Majeure Ownership/Intellectual Property
IntroductionScope of WorkTerm of ContractConsideration/PriceSpecificationsFunding Out ClauseAntitrust
Essential documentsEssential documents
HUB Subcontracting PlanAsses the project (if over $100,000.00) for
possible sub-contracting opportunitiesExamples might include painting or carpeting for a
construction project.
If an HSP is requested and not submitted, the respondent is to be considered non-responsive
Essential DocumentsEssential Documents
Execution of ProposalMakes the respondent legally responsible
for adhering to any contract formed as a result of the RFP
Renewal OptionsNo contract should be automatically
renewed unless otherwise stated. Outline a renewal procedure and the
length of any renewal or extension periods
Essential DocumentsEssential Documents
Compensation and FeesList fees that the state is not obligated to
pay.Taxes
List fees that should be non-recurring.Tooling
List a compensation schedule.Will compensation be tied to performanceLevel of EffortActual Deliverable
Solicitation Advertising Solicitation Advertising RequirementsRequirements
Centralized Master Bidder’s ListList of vendors who are interested in doing
business with the state of TexasIf you are issuing a competitive
solicitation, vendors on the list that provide commodity codes that apply to the project must be notified.
Solicitation Advertising Solicitation Advertising RequirementsRequirements
Electronic State Business DailyAn electronic platform where the State
announces new contracting opportunitiesProcurements over $25,000 must be
posted to the ESBD.Posting requirements vary depending on
the amount of information posted regarding the opportunity.
Solicitation Advertising Solicitation Advertising RequirementsRequirements
Notification Requirements for Major ContractsMajor Contract is defined as a contract
whose value exceeds $1 million dollars during the ORIGINAL term of the contractThis does not include any extension or renewal
periods.
Contract Advisory Team (CAT) Notification
Pre-Solicitation ConferencePre-Solicitation Conference
PurposeClarification
GuidelinesState of Texas Contract Management Guide
FormatOpeningIntroductionSolicitation Overview/ReviewClosing Summary
RFP OPENINGRFP OPENING
Opening DayThis is the day (as stated in the RFP) that
responses are no longer accepted.All that is read at the RFP opening is the
name of the respondents.
Evaluating ResponsesEvaluating ResponsesEvaluation Criteria
Proposals can only be evaluated against the criteria stated in the RFP
Criteria to Consider Company Information
Financial History Proposed Services
Technical Support, Training on new equipment Experience and Qualifications
Years in industry, Similar projects Compensation and Fees
Lifecycle costs, tooling, discounts References
Evaluating responsesEvaluating responsesAlthough price and conformance to specifications are
the most important best value considerations, Texas Government Code § 2155.074 lists other relevant factors that may be considered.
installation costs; life cycle costs; the quality and reliability of the goods and services; the delivery terms; indicators of probable vendor performance the cost of employee training associated with a
purchase; the effect of a purchase on agency productivity; the vendor's anticipated economic impact to the state
or a subdivision of the state
Evaluating ResponsesEvaluating Responses
The Evaluation ProcessResponsive
The respondent has responded to the RFP by the appropriate time with all requested information
HSPFinancial StatementsExecution of Offer
ResponsibleThe contractor is capable of performing the
demands of the RFP at the time requested.
Score TabulationScore Tabulation
Scoring Methodologies
Qualitative Comparing proposal elements against criteria and
assigning a non-numerical score
QuantitativeComparing proposal elements against criteria and
assigning a numerical score
Score tabulationScore tabulation
Interviews and Oral Presentations If oral presentations and interviews are
anticipated, information relevant to the process should be included.
If not anticipated, all respondents should be given an equal opportunity to participate.
Original proposals cannot be changed during oral presentations or interviews
Vendor Award and NotificationVendor Award and Notification
NegotiationsDefined as the process whereby multiple
parties with competing interest bargain for an advantage with the aim of coming to a mutual agreement.
A key advantage to using the RFP method of solicitation is the ability to negotiate .
Vendor Award and NotificationVendor Award and Notification
Best and Final Offer (BAFO)After negotiations, the evaluation team can
decide that they would like to receive a best and final offer from each respondent.
If one respondent is allowed to submit a BAFO, then all respondents must be afforded the same opportunity.
Vendor Award and NotificationVendor Award and Notification
NotificationElectronic State Business Daily
After an award determination has been made by the evaluation team and confirmed by executive management, and the vendor notified, it is then time to post notice of award on the ESBD.
Legislative Budget BoardThis body must be notified of certain contracts in
as little as 10 days after contract award has been made
Contract AdministrationContract Administration
Vendor Performance Tracking SystemReport vendor performance on
procurements over $25,000.00System is 100% input reliant, which means
it is depended upon timely and accurate feedback.
Reports can be made during the contract if the term is lengthy, or upon contract completion
Contract AdministrationContract Administration
Contract Extension and Renewal
Contracts can be renewed or extended if the terms are outlined in the RFP and/or contract.
Any options to renew or extend MUST be exercised before the termination date of the original agreement.
Contract AdministrationContract Administration
Contract CloseoutEnsure that all deliverables have been
received.Resolve all outstanding invoices.Provide contractor with letter stating that
the contract has ended.Collect all relevant documentation as part
of the contract file.Formally close the contract file.