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Department of Administrative Services EGS | Procurement Services Submitted By: Kim Wisdom
DPO Advisory Council Meeting
Meeting Date: January 22, 2019
Time: 1:30 – 3:30pm
Location: DPSST
4190 Aumsville HWY SE Salem, OR 97301
Attendees: Phillip Andrews (SOS), Adam Bergerson (DPSST), Ashley Buol (DOJ), Nicole Brazeal DAS), Melissa Canfield (ODOT), Cort Dokken (DAS) Melissa Esser (ODA), (OYA), Julie Hall (Treasury), Sabrina Hay (OPRD),Jay Jackson (DAS), Darwin Kumpula (DAS),Sean McCormick(Military), David McKay (ODOE), Kelly Mix (DAS), Mary Mynes (ODOT), Salem Opeifa (DLCD), Toni Payseno (DOC), Chris Patchell (DAS), Tom Riel (HECC), Kirk Rhoades( DHS), Melody Waight (ODFW), Kim Wisdom (DAS), Zaida Zuniga (ODF),
On the phone: Bill Beaty (OED), Amber Forester (OYA, Jessica Nelson (HCS), Johnathan Rivens (DEQ), Lisa Snyder (WRD), Gail Stevens (CFB)
ITEM DISCUSSION Welcome/Announcements – Toni Payseno
• Introductions made.
• December minutes approved.
DAS Updates – Kelly Mix
DAS Updates:
• DAS Training Program o Frances Wilkins is the first recipient of the Intermediate Procurement
Certification 3 layer Certification Program on Training Website Intermediate or advance certification Contact Kelly or training team with questions
• Small Procurement class launched
o 1st training to be in February 2020
o Course is designed for employees where procurement is not your primary role
Procurement/purchasing is part of your job like: SPOTS card holders, office supply orders, incidental goods and services ordering
• March Pilot Negotiations Course – on training calendar
o 1 ½ day course– Matching concepts and theories
• May Pilot RFP Course - no charge for the Pilot Class
o 4 day event
Department of Administrative Services EGS | Procurement Services Submitted By: Kim Wisdom
o Will be looking for SME’s
o RFP development and process Questions: Melissa Canfield asked if the Partners in Procurement and Publications nominations have been extended to the January 23rd. Yes it has been extended to the January 23rd and the following areas can be nominated.
Process Improvements Cost Savings Contribution to Mentoring CPO award for someone who provided innovation across the state
in the procurement field. • Partners in Public Procurement Conference
March 3rd-4th 1st one in 11 years 48 vendors registered $125.00 registration fee 14 certification points Trainings, seminars and various presentations 170 attendees registered
Oregon Buys Update – DAS (Chris Patchell and Nicole Brazeal)
Powerpoint
Oregon Buys Update:
• Current Project Status
o Supplier registration underway
o Finalizing project plans for State Gate 3 approval (notice to proceed)
o Increasing agency engagement
o Next forum Feb 13th
o Working through decisions (ORS 190s, grants, encumbering, etc.)
o Version 15 upgrade:
Small scope tweaks and enhancements,
SoS and Forestry are engaged in test planning along with R*STARS,
NEW AWS hosting environment.
• Core Team Kickoffs in Progress
o Establish basis for productive working relationship in preparation for ORPIN replacement
o Confirm and collect information on agency procurement methods, users, etc.
o Education core team on scope and timing of ORPIN replacement
Department of Administrative Services EGS | Procurement Services Submitted By: Kim Wisdom
o Collaborate on the best way to educate core team about OregonBuys
o Establish cadence of support services for agency preparation.
• Next Steps
o Stay tuned for agency enrollment communication
o Form core teams and record this info on our project website (large and medium agencies)
o SPOTS card program discussions underway with the public agencies
• DAS Legislative Session Update Jay Jackson
There are three Leg Concepts that will affect procurement in the February 2020 short session.
• LC198 System OEM will set up a certification program to certify emergency preparedness partners.
• LC222 electric vehicles – DCBS amend building codes as far as new construction applying to EV charging stations. Municipalities setup requirements that exceed the state code. Establish a goal of the State of to have 25% vehicles to be 0 emission vehicles by summer of 2020.
• LC228 Hydrofluorocarbons -Ban prohibits products that use hydrofluorocarbons from entering commerce in Oregon. DCBS make changes in building codes for restrictions on products containing hydrofluorocarbons.
As Leg Concepts turn into bills – they will be published late week of 2/3/20 LC73 Project Labor agreements – it will impact construction LC216 Sole proprietor is not required to carry workers’ comp. The LC will reverse this. Jay will update report each week and have LC conference every Weds morning. Question: Are there any carbon bills on LC? Answer: Yes Cap and Trade – one concept with greenhouse gas Question: Where did the hydrofluorocarbon bill originate? Who is pushing the bill? Answer: Jay is not sure at this time the specifics of this bill. Jay will know more once the bill is published. Any questions or you hear chatter, contact Jay Jackson. Once a lot of the bills drop, it will be easier to access through OLIS and Billtracker
Pay Equity Jay Jackson
Department of Administrative Services EGS | Procurement Services Submitted By: Kim Wisdom
PowerPoint
There are questions and confusion around the pay equity. A lot of this DPO meeting’s discussion was around determining the expectations of the agencies, DAS and vendors.
The discussion included the following:
• Gender pay equity – newer version to protected classes. 50 or more employees or the contract exceeds $500,000.00
• DAS provided an on line program for gender pay equity cert good for three years. This statute still exists.
• Effective in 2019 protected class pay equity came along. This did not make
any changes in procurement code. ORS652 prohibitions against discrimination – the prohibitions apply to all protected classes including gender. The prohibitions apply to any employer with 1 or more employees in the state of Oregon
• ORS279 talks about pay equity as far as gender, ORS652 bring in federal and civil rights laws. Does pay equity apply to that code even though our procurement code was not updated? As far as pay equity, purposes are we reviewing responsibilities and are we looking at looking at the cert for pay equity, and does the pay equity training include other classes?
• DAS created one training that creates one certificate to comply with both laws 279 and 652.
Question: Anyone having problems with suppliers providing the certificate? Discussion around the room varied and what agencies does what. Especially if they do not go through DAS for procurement. Is it in DAS policy to get this certificate? Answer: The statute doesn’t say the agency has to collect the certification. Based on the law, does the law mean the agency has to collect the certificate, or just check off the contractor said they do have a certificate? Concerns came up is this required or not? This needs to be made clearer on what the responsibilities are for the agency. All agencies need to do the same process. A discussion needs to happen more among the group. There is a statement in thecontract and RFP you will comply. In the contract the vendor advises yes they have complied. The decision needs to be made on what we need to exactly do on this.
• We need to be looking at the law which states 50 or more employees or $500.000.00. Statute 652 one or more employees must complete the training and supply the certificate is required by DAS. DAS chose to make one certificate for both certifications.
• Do agencies collect certificates?
Department of Administrative Services EGS | Procurement Services Submitted By: Kim Wisdom
• Price agreements – best value analysis - considered a bid? Is it the agency’s responsible to get this? No DAS has the price agreement and should not be pulled from the vendor. DAS to work on what the agencies responsibilities are and report back to the DPO group.
• Kelly Mix to ask iLearn about using personal names instead of contractor names when the contractors sign upon iLearn. Preference is to be contractor name and not personal names.
Price Agreements – Kelly Mann
• Office furniture installation, four vendors to choose for furniture. Mandatory for all state agencies.
• Amendment in with DOJ for some language • Price agreements cannot be used for public improvement work • Accurate, Office Furniture Services and Valley Installations – buyers guide
in ORPIN 9471, 9742, 9473, and 9474. • All DAS owned building must go through Process Analysis before reaching
out to vendors for best buy analysis. • One quote requested only from all vendors - no bidding wars • PO’s are exempt for legal efficiency. • $5000.00 or above order needs to go through ORPIN • Best Buy Analysis – determination form is available.
Question: Does it include layout? Answer: Yes it does – you are to advise where you want furniture to go.
• Must do work order for QRF’s instead of a PO. • Down arrow on ORPIN means you have to enter a work order. My
documents does not drop down. • Moving is separate from price agreements
Roundtable
Department of Administrative Services EGS | Procurement Services Submitted By: Kim Wisdom
• Any agencies interested in presenting at DPO let us know. • Any topics for guest speakers – let us know • Next meeting – group work. Challenges folks are having in agencies in
procurement. Brainstorming on challenges to resolve. Be thinking about this and what should our strategic plan be for what we are going to talk about this year, and resolution.
• Round table – phone – nothing • DPO council – 30% has ended on 12/31/19. Report anything for 2019.
DAS to share report on the outcome. We are finalizing the reverse auction document with the Governor’s office and will share in the near future once it is signed.
• New system furniture – Haywarth will be added to portfolio and the answer is no. Short term and long-term handling – what are other agencies doing to plan for transitioning into a different furniture vendor. It was brought to the attention DAS EAM warehouse has Haywarth system furniture in storage and could be an option.
• Question: DOJ turnaround times – any struggles. Yes, and they are having seasoned retirements, and asking for more positions this session.
• Anyone talking to DOJ about this and any resolutions suggested? Answer: Yes and No
• Exemption rule DOJ – any opportunities to improve. Wordsmithing and boiler plating their responses.
• DOJ templates needs to be reviewed, and then DOJ does not make any more changes, and on a set schedule, the changes get reviewed and made. The same for DAS contracts too.
• This should be something we talk about at one of our next DPO group meeting, and solutions we could offer.
Next Meeting: Date: February 25 , 2020 Time: 1:30 - 3:30 pm Location: ODOT 3930 Fairview Industrial Drive SE Ashland Conference Room
DPO Advisory Council AGENDA
Date: January 22, 2020 Time: 1:30p - 3:30p Place: DPSST 4190 Aumsville HWY SE First Floor Board Room – Room A145 PURPOSE of the Meeting Information sharing, problem identification, and issue resolution for all agency procurements.
TOPIC – activities/topics WHO DURATION
Welcome/Announcements • Approval of December Minutes Toni Payseno, Chair 1:30p - 1:35p
DAS Updates Kelly Mix 1:35p – 1:50p
Partners & Public Procurement Conference Kelly Mix 1: 50p – 2:05p
Oregon Buys Update Chris Patchell, Nicole Brazeal 2:05p - 2:20p
DAS – Legislative Session Update Jay Jackson 2:20p – 2:35p
Pay Equity Kelly Mix & Jay Jackson 2:35p – 2:50p
Price Agreements DAS Staff 2:50p - 3:05p
Roundtable/Close of Meeting All 3:05p - 3:30p
Conference Line | Call In Instructions: 877-336-1831 Access Code: 7874456 Please mute your phone.
NEXT MEETING: Wednesday, February 26, 2020 at ODOT 3930 Fairview Industrial Drive SE Ashland Conference Room DPO web page: https://www.oregon.gov/das/Procurement/Pages/DPOCouncil.aspx
OREGONBUYSDPO COUNCIL MEETING
JANUARY 22, 2020
CURRENT PROJECT STATUS
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• Supplier registration underway• Finalizing project plans for Stage Gate 3 approval (notice to proceed)• Increasing agency engagement• Next forum Feb 13th• Working through decisions (ORS 190s, grants, encumbering, etc.)• Version 15 upgradeSmall scope tweaks and enhancementsSoS and Forestry are engaged in test planning along with R*STARSNew AWS hosting environment
CORE TEAM KICKOFFS IN PROGRESS
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• Establish basis for productive working relationship in preparation for ORPIN replacement
• Confirm and collect information on agency procurement methods, users, etc.
• Educate core team on scope and timing of ORPIN replacement • Collaborate on the best way to educate core team about OregonBuys • Establish cadence of support services for agency preparation
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NEXT STEPS
• Stay tuned for agency enrollment communication
• Form core teams and record this info on our project website (large and medium agencies)
• SPOTs card program discussions underway
THANK YOU!
Legislative Update Presented By: Jay R. JacksonProcurement Policy OfficerOregon Department of Administrative Services (DAS)[email protected]: 503-378-4652
January 22, 2020
Pay Equity The Gender Pay Equity training certificate requirement applies as a responsibility determinant only to a “bidder or proposer” that must possess an unexpired certificate if the bidder or proposer: (i) employs 50 or more full-time employees; and (ii) submitted a bid or proposal for a procurement with an estimated contract price that exceeds $500,000; (iii) in response to an advertisement or solicitation from a state contracting agency. ORS 279B.110(2)(f); ORS 279C.375(3)(b)(I).
ORS 279B.110(2)(f) requires that a Bidder or Proposer provide this unexpired certificate prior to execution of a Contract or Price Agreement.
Effective January 1, 2019, new Protected Classes Pay Equity Compliance provisions are required due to amendments made to ORS 652.210 and ORS 652.220 by HB 2005 (Chapter 197, 2017 Laws). These requirements are made mandatory by ORS 279B.235 and 279C.520.
It is an unlawful employment practice under ORS chapter 659A for an employer to, in any manner, discriminate between employees on the basis of a protected class in the payment of wages or other compensation for work of comparable character. ORS 652.220.
“Employer” means any person employing one or more employees, including the State of Oregon or any political subdivision thereof or any county, city, district, authority, public corporation or entity and any of their instrumentalities organized and existing under law or charter. ORS 652.210(3)(a).
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The Protected Classes Pay Equity nondiscrimination compliance duties in ORS 652.220 directly apply to “employers” without regard to the size of their orkforces. Protected Classes Pay Equity applies whether or not there is any Bid or Proposal.
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Every public contract subject to ORS 279B.235 or ORS 279C.520 must provide that:(1) the contractor shall comply with the prohibition set forth in ORS 652.220, (2) that compliance is a material element of the contract, and (3) that a failure to comply is a breach that entitles the contracting agency to terminate the contract for cause.
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ORS 279A.167 provides:The Oregon Department of Administrative Services shall establish a program to certify that a person that intends to submit a bid or proposal for a public contract understands the prohibition set forth in ORS 652.220 and in other laws or rules that prohibit discrimination in compensation or wage payments. The program must include, but is not limited to, all of these elements:(a) A curriculum for training prospective bidders and proposers in complying with the prohibition described in this subsection. The curriculum must include hypothetical situations, case studies and other examples that show conduct that would violate the prohibition and other conduct that would constitute correct and best practices.
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(b) Criteria for assessing whether prospective bidders and proposers understand the prohibition and can successfully apply best practices to a hypothetical situation that involves discrimination in compensation or wage payments.(c) Standards for successful completion of the curriculum and assessment that will result in the department issuing the certificate.(2) The department may conduct the training and assessment for the program described in subsection (1) of this section or may enter into an interagency agreement with the Bureau of Labor and Industries or a contract with a private entity to conduct the training and assessment.(3) The department may by rule specify a period of time during which a certificate the department issues under this section is valid and may adopt other rules that are necessary to implement the provisions of this section. 8
ORS 279A.167 and ORS 652.220 imply that a certificate demonstrates compliance, but does not expressly require an “unexpired certificate” from the bidder or proposer. ORS 652.220 was amended. ORS 279A.167 was not changed.
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HB 2415 Retainage
Retainage is a portion of the agreed upon contract price deliberately withheld until the work is substantially complete to ensure the contractor will satisfy its obligations under the contract. Current statute requires the contracting agency for a public improvement contract to make monthly progress payments and allows the contracting agency to withhold up to five percent of the progress payment as retainage.
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Upon written request from the contractor and approval of the contractor's surety, the contracting agency may reduce or eliminate retainage on any monthly contract payments after 50 percent of the contracted work is completed. The agency may reduce or eliminate retainage at its own discretion after 97.5 percent of the contracted work is complete. Any retainage held by the contracting agency must be paid to the contractor as part of the final payment with interest of one and a half percent per month.
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For private contracts, an owner, contractor, or subcontractor may withhold up to five percent of the contract price as retainage. Any retainage must be paid to the contractor with the final payment with interest of one percent per month.HB 2415 (Chapter 486, 2019 Laws) requires the public or private contracting party to place retainage in an interest-bearing escrow account when the contract price exceeds $500,000.HB 2415 applies to public and private construction contracts entered into on or after the effective date of January 1, 2020.
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DOJ Model Rule OAR 137-049-0820 implements HB 2415 by requiring a contracting agency to place amounts deducted as retainage into an interest-bearing escrow account and for interest on the retainage amount to accrue from the date the payment request is approved until the date the retainage is paid to the contractor to which it is due, unless contractor provides an alternative retainage method in lieu of depositing the retainage in an interest bearing escrow account. DAS Rule 125-249-0820 points to and adopts DOJ Model Rule OAR 137-049-0820.
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HB 2769 QBSState and local governments use Qualifications-Based Selection (QBS) to procure architectural, engineering, land surveying, photogrammetric mapping, or transportation planning services. QBS requires contracting agencies to make selections on the basis of each consultant's qualifications for the type of professional service required. QBS allows a contracting agency to ask for or use pricing policies and proposals, or other pricing information, to determine consultant compensation only after a candidate is selected. If negotiations regarding compensation do not reach a level that is reasonable and fair to the contracting agency, the contracting agency can then select the second most qualified consultant, and request pricing information, and so on, one at a time, in descending order. Direct appointment is allowed if the estimated cost of services for the project does not exceed $100,000. 14
HB 2769 (Chapter 55, 2019 Laws) allows a local government contracting agency to select up to three of the most qualified firms that have responded to a request for qualifications and then request pricing policies and other pricing information from those firms prior to making a selection.
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HB 2769 modifies Qualifications-Based Selection (QBS) procurement process to allow local government contracting agencies to consider pricing proposals of three top-ranked consultants when soliciting architectural, engineering, land surveying, photogrammetric mapping, or transportation planning services. It requires the local contracting agency to state in solicitation documents what factors will be used to evaluate proposals, including pricing information. It limits weight given to price proposal to 15 percent. It establishes rights to protest a state or local contracting agency's use of Qualifications-Based Selection. It applies to contracts advertised on or after January 1, 2020.
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QUESTIONS?
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Thank You for Participating
If you have questions, please let me know.
Jay Jackson (503) [email protected]
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