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Public School Capital Outlay Council

Public School Capital Outlay Council. Construction Procurement & Contracting Public School Facilities Authority (PSFA – Formerly DC Unit) Spring Budget Workshop Presentation Dotty McKinney, CPPB Paul Garcia, Trainer Jeffrey Eaton, Controller April 8, 2005 http://www.nmschoolbuildings.org.

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Public School Capital Outlay Council

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  1. Public School Capital Outlay Council Construction Procurement & Contracting Public School Facilities Authority (PSFA – Formerly DC Unit) Spring Budget Workshop Presentation Dotty McKinney, CPPB Paul Garcia, Trainer Jeffrey Eaton, Controller April 8, 2005 http://www.nmschoolbuildings.org Public School Facilities Authority 2019 Galisteo, Suite B-1 Santa Fe, NM 87505 Phone: (505) 988-5989 Ext. 108 Fax: (505) 988-5933 E-mail: info@psfa.k12.nm.us

  2. Presentation Overview • Joint Powers Agreement (JPA) • Project Agreement/Memorandum of Understanding (PA/MOU) • PSFA Standard Contracts • Contracting Methods & the Procurement Code • Dollar Thresholds • Other Methods • Request for Proposals (RFP) • PTAB – Professional Technical Advisory Board • Invitation to Bid (ITB)/ Bid Award Procedures • BIDNET

  3. Joint Powers Agreement (JPA) • District and PSFA Deficiencies Correction Program (DCP) , formerly the Deficiencies Correction Unit (DCU) sign a JPA before PSFA (DCP) work begins in district. • District empowered to enter into contracts for construction & repair of school property. • District designates a District Representative (DR) as a single point of contact for the district and the PSFA (DCP). • PSFA (DCP) empowered to validate & oversee all aspects of contracts and provide oversight & management of construction correcting outstanding deficiencies and 2004/2005 PSCOC awarded projects. • District serves as “owner” and central purchasing agent for all PSFA (DCP) work. • PSFA (DCP) serves as “co-owner” and is responsible for approval and payment of all completed work.

  4. Joint Powers Agreement (JPA) • New Standards Based Capital Outlay Process to be set up using the DCP model • PSFA is the FISCAL agent for 2004/2005 Capital Outlay projects as well as DCP projects

  5. Project Agreement/Memorandum of Understanding (PA/MOU) PROJECT AGREEMENT (PA) • Outlines scope of work & schedules, collaboratively agreed to by PSFA (DCP) Regional Manager and District Representative. • Forms basis for formal Memorandum of Understanding to be presented to PSCOC for approval. MEMORANDUM OF UNDERSTANDING (MOU) • Valid MOU requires 3 signatures: DR, PSFA Director, PSCOC Chair. • Until received by PSFA, PSFA shall not enter into contracts or participate financially in any school construction project. The WHO, WHAT, WHERE, HOW & HOW MUCH

  6. The PSFA Process: New Contracts NEW CONTRACTS If any portion of the work is funded by PSFA (DCP), the district will use PSFA standard contracts. QUESTION: If the work is funded by sources other than PSFA (DCP) and/or 2004/2005 PSCOC awarded projects, will the District use PSFA contracts? ANSWER: No. – But we strongly encourage you to use PSFA standardized contracts. They are becoming widely accepted, they empower the owner and they require more responsibility of the design professional and contractor you may currently be using.

  7. New PSFA Contract Requirements • Currently working with Version 1.3 of Design Professional and Construction Contracts • Version 2.0 – Draft of Synopsis of changes to be released • Review of Design Professional Agreement and Attachments • Review of Construction Agreement and Attachments

  8. New PSFA Contract Requirements DESIGN PROFESSIONAL (DP) AGREEMENTS • PSFA transmittal letter • PSFA portion of work clearly defined • Scope of work/MACC (exclusive of GRT) • Contains language the PSFA portion of work will be paid directly by PSFA (optional) • Certificate of Insurance • Exhibits • If Approved by PSFA, Contract Approval letter and PO issued by PSFA No PSFA work is authorized without PSFA Contract Approval AND a PO issued by PSFA for the work.

  9. New PSFA Contracts Requirements CONSTRUCTION CONTRACTS • PSFA portion of work clearly defined • Contains language the PSFA portion of work will be paid directly by PSFA • REQUIRED DOCUMENTS: • PSFA transmittal letter • Certificates of Insurance • Bonds • Bid Abstract (Bid Tabulation, Low Bid & Bid Bond) • Schedule of Values • State W-9 form • Approved by PSFA (Contract Approval Letter) • Upon Approval, a Purchase Order (PO) is issued by PSFA No PSFA work is authorized without PSFA Contract Approval AND a PO issued by PSFA for the work.

  10. Contracting Methods & Procurement Code PUBLIC WORKS PROJECTS • Public Works Projects require RFP Selection Process for Design Professionals. DESIGN PROFESSIONAL SERVICES • Determined a public works project when design fees of $25,000 or greater for Architects and Engineers, and $5,000 for Landscape Architects, and Surveyors CONSTRUCTION AND MATERIALS PURCHASES • Per limits set in local public body’s Board Policy, pursuant to 13-1-99 NMSA 1978 of the Procurement Code. If no policy exists, then District must adhere to the limits set in 13-1-125 NMSA 1978 for Small Purchases and NMAC 1.4.1 Regulations. NOTE:Wage rates are required for work in excess of $20,000 ($60,000).

  11. Dollar Thresholds DP CONTRACT THRESHOLDS QUESTION: What about Design Professional contracts that are less than $25,000 in fees and reimbursables, if applicable, but exclusive of GRT? Do I need to go out to RFP? ANSWER: No. Because the Design Professional fees and any applicable reimbursables, but exclusive of GRT is less than $25,000, it is not a public works project and therefore the RFP process of procurement is not required.

  12. Dollar Thresholds DP CONTRACT THRESHOLDS QUESTION: If the contract is for $25,000 or less and doesn’t require a RFP, do I need the other documents? ANSWER: Yes. All new contracts for DP services for PSFA (DCP) or PSCOC work still require the following items: • DCP or PSCOC portion of work clearly defined • Certificate of Insurance • Contains language the DCP or PSCOC portion of work will be paid directly by PSFA (if required as part of future PSCOC award – certification training)

  13. Dollar Thresholds CONSTRUCTION CONTRACT THRESHOLDS QUESTION: What about construction or materials contracts that are for $5,000 ($10,000) or less? Do I need to go out to bid? ANSWER: If the work or materials is for more that $1,500 ($5,000), but less than $5,000 ($10,000) (or limits allowed by Board Policy) the district should obtain 3 quotes from 3 vendors. If the work or materials is less than $1,500, three quotes are not required. Depending on the type of work or materials sought, the other documents, (certificates of insurance, bonds, bid abstract & schedule of values) may still be required.

  14. Other Procurement Methods PRICE AGREEMENTS • Price Agreements are contracts entered into via an IFB or RFP Selection Process. • May be used for Services or Construction and Materials Purchases. • Advantages to using are set pricing and agreements may be transferred to other districts for use if vendor and district agree to such. CAUTION: DP SERVICES PRICE AGREEMENTS MUST HAVE VERY WELL DEFINED SCOPES OF WORK. THEREFORE, THEY GENERALLY ARE NOT TRANSFERABLE TO OTHER DISTRICTS FOR PURPOSES OF AVOIDING THE RFP PROCESS.

  15. Request for Proposals (RFP) DISTRICT REQUEST FOR PROPOSALS • Required for public works projects. • Procedural requirements for RFP’s outlined in State Procurement Code. QUESTION: The District is it’s own “Purchasing Agent”. Does the State Procurement Code apply to us? ANSWER: A local public body is exempt from the State Purchasing Division, but not the Procurement Code, despite some belief to the contrary. ALL DISTRICTS must comply with the requirements of the State Procurement Code when seeking work, materials or services on behalf of the school district. The only exception is the District’s ability, as a local public body, to write their own regulations for small purchases for tangible goods, services, and construction per 13-1-125 NMSA 1978. Limits set may be less than those defined in the Procurement Code, but cannot be more than the limits set in the Code.

  16. P T A B • Professional Technical Advisory Board • NMSA 13-117-2 – Required by Statute since 1979. • Purpose: To provide professional technical advisory services to local public bodies in the development of Scope of Work, RFP, ad the selection of professional services of architects, engineers, landscape architects and surveyor through the use of the “qualifications based selection process”.

  17. P T A B Professional Technical Advisory Board P. O. Box 3773 Albuquerque, NM 87190-3773 Phone: 505-881-1257 Fax: 505-830-1670 E-mail: ptab@acecnm.org

  18. Invitation to Bid (ITB) INVITATION TO BID & BID AWARD PROCEDURES QUESTION: The lowest bid received by the District exceeds the budgeted funds. Can the District negotiate with the low bidder? ANSWER: Yes. As long as the lowest responsible bid is within 10% of the budgeted funds. Negotiation can only occur in order to lower the overall price in order to avoid rejection of all bids. The scope of work or other conditions can NOT be changed.

  19. As if that weren’t enough! • PAYMENT/INVOICE PROCESS Construction - Invoice to be submitted by 25th of the month to DP - Must be forwarded to the RM by the 8th of the month - Payment will be made within 21 days

  20. Non-Competitive Procurements • DETERMINATION – Required! *Sole Source – NMSA 13-1-126 *Emergency – NMSA 13-1-127 *Request for Proposal – NMSA 13-1-111 OTHER TYPES OF PROCUREMENT *Existing Contracts – NMSA 13-1-129 *GSA/State Price Agreements *Local Public Bodies/CES

  21. PSFA Responsibilities • PSFA PROCUREMENT TRAINING PROGRAMS *Overview of the Procurement Code *Invitation to Bid Process & Specifications *Request for Proposal Process *Use of PSFA DP & Construction Contracts CERTIFICATE OF COMPLETION *On Line Instruction & Testing *District Participates in Oversight of Projects NMPPA New Mexico Public Procurement Association NIGP National Institute of Governmental Purchasers

  22. BIDNET • New Mexico E-Procurement System – • Formerly the Chavez County Purchasing System • E-Procurement System created in conjunction with a company called BIDNET • All Users & Vendors need to register with BIDNET • 48 Hrs to set up account, PSFA provides training • SAVE TIME AND MONEY – streamline the entire bidding process (free for district, PSFA and contractors)! • Provide Users/Vendors more bid information and bidding opportunities - obtain the best price!

  23. BIDNET • PSFA Design Professional Contract - Ver. 2.0 GENERAL CONDITIONS SECTION 2.5 - BIDDING PHASE 2.5.1 *DP shall assist Owner in obtaining bids & preparing contracts for construction *District responsible for costs related to legal notice & initial advertising of project to bid 2.5.2 *DP prepares Invitation to Bid – including bid date, location and time of bid opening *Cannot advertise project until PSFA Approval of School Construction is obtained!

  24. BIDNET 2.5.3 The Design Professional shall assist the Owner with local advertisement and shall concurrently load digitally, in accordance with para. 9.1 and 11.3 project description to the PSFA public bid advertisement website and construction documents into the PSFA Construction Information Management System (CIMS). PSFA will train & assist DP as appropriate to fulfull these requirements.

  25. BIDNET CONTACT – User Account Setup: Paul Garcia, Trainer pgarcia@psfa.k12.nm.us Phone: ABQ 843-6272 Fax: 843-9681

  26. Public School Facilities Authority Construction Procurement & Contracting Questions & Comments

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