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Opportunities for Success in eVA A Locality Choice. Debbie Field, CPPO, VCO Jerry Stokes, CPPB, C.P.M., VCO Procurement Management Account Executives Department of General Services/Division of Purchases & Supply . VIRGINIA PUBLIC PROCUREMENT ACT (VPPA) § 2.2-4300 thru 2.2-4377.

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opportunities for success in eva a locality choice
Opportunitiesfor Success in eVA A Locality Choice

Debbie Field, CPPO, VCO

Jerry Stokes, CPPB, C.P.M., VCO

Procurement Management Account Executives

Department of General Services/Division of Purchases & Supply

virginia public procurement act vppa 2 2 4300 thru 2 2 4377
VIRGINIA PUBLIC PROCUREMENT ACT (VPPA)§ 2.2-4300 thru 2.2-4377

Debbie

That public bodies obtain high quality goods and services at reasonable cost, that all procurement procedures be conducted in a fair and impartial manner, that competition be sought to the maximum feasible degree

That individual public bodies enjoy broad flexibility, that the rules be made clear in advance of the competition, and that specifications reflect the procurement needs of the purchasing body rather than being drawn to favor a particular vendor

what s new in the vppa
What’s New in the VPPA?

Debbie

  • Virginia Business Opportunity –VBO
    • Do localities have to advertise in the VBO?No strongly encouraged by Code of VA. May be required in the future.
what s new in the vppa1
What’s New in the VPPA?

Debbie

  • Virginia Business Opportunity –VBO
    • Do I have to advertise in newspapers if I advertise in Virginia Business Opportunity?Yes if your locality policy & procedures require. And all competitively negotiated solicitations (RFPs) are required to be published in newspaper.
what s new in the vppa2
What’s New in the VPPA?

Debbie

  • Virginia Business Opportunity –VBO
    • Can I target who I want to send notices out through VBO?No fair and open competition. Does not discriminate who will receive notification.
what s new in the vppa3
What’s New in the VPPA?

Debbie

  • Small purchase threshold increased to $100,000
    • What does this mean? Purchases may be made by unsealed procurement methods i.e. unsealed bids and proposals up to $100,000. eVA Quick Quote may be used.
what s new in the vppa4
What’s New in the VPPA?

Jerry

  • Small purchase threshold increased to $100,000
    • Can I now assume that my small purchase level has been increased?Not unless your policy and procedures have been updated and approved. You may be more restrictive than the VPPA.
what s new in the vppa5
What’s New in the VPPA?

Jerry

  • Small purchase threshold increased to $100,000
    • What competition is required?It depends upon your policy and procedures. The VPPA requires soliciting 4 bidders/offerors if purchase is valued over $30,000.
what s new in the vppa6
What’s New in the VPPA?

Jerry

  • Small purchase threshold increased to $100,000
    • What about professional services? VPPA requires formal procedures (sealed) for professional services that exceed $50,000
what s else is new
What’s else is new?

Jerry

  • Farm to School program
  • What is it?

The program is an initiative seeking to bring fresh foods to schools including K-12, colleges and universities

what s else is new1
What’s else is new?

Jerry

  • How does it involve purchasing?

The Farm to School Program encourages schools to purchase fresh foods

  • Can you just buy from local farms?

No, VPPA does not allow for a local or geographical preference (However specifications can be written to require fresh foods)

what s else is new2
What’s else is new?

Debbie

  • What is the 2008 Farm Bill?

The 2008 Farm Bill amended the National School Act to allow institutions receiving funds through the Child Nutrition Programs to apply a geographic preference when procuring unprocessed locally grown or locally raised agricultural products. Note: The VPPA does not allow for a geographic preference.

what have other localities asked
What have other localities asked?

Debbie

  • Can schools specify in the scope of a RFP/IFB that “locally grown” produce or agricultural products be supplied?  

No, “specifications must reflect the[ir] procurement needs . . . rather than being drawn to favor a particular vendor”

what have other localities asked1
What have other localities asked?

Debbie

  • Can schools specify in their solicitations that “Virginia products” be supplied i.e. Virginia produced apples or Southwestern Virginia beef?

No, “specifications must reflect the[ir] procurement needs . . . rather than being drawn to favor a particular vendor”

what have other localities asked2
What have other localities asked?

Debbie

  • Can a formal solicitation (IFB) require a geographic preference of locally grown produce in award ?

No, it is inconsistent with the policy of the VPPA to condition the award of a contract on factors that are unrelated to the goods or services being procured

what have other localities asked3
What have other localities asked?

Debbie

  • Can a public school require that mileage be an evaluation factor when competing contracts?

No, “specifications must reflect the[ir] procurement needs . . . rather than being drawn to favor a particular vendor”

what have other localities asked4
What have other localities asked?

Jerry

  • Can localities use “locally grown produce or beef” as an evaluation factor in awarding a competitively negotiated contract (RFP)?

No, it is inconsistent with the policy of the VPPA to condition the award of a contract on factors that are unrelated to the goods or services being procured

what have other localities asked5
What have other localities asked?

Jerry

  • Is it permissible in an IFB  for a public school to require that certain products be delivered within  ___ days of harvesting?

Yes, a delivery requirement in the specification is permissible since it ties to procurement needs and any vendor could compete.

what have other localities asked6
What have other localities asked?

Jerry

  • Is it permissible in a RFP to give more points for fresher products i.e., a product delivered within two days of harvesting would receive more points than products delivered within four days?

Yes, it is permissible to give more points for fresher products delivered within two days of harvesting since it ties to procurement needs and any vendor could compete

what have other localities asked7
What have other localities asked?

Jerry

  • Can public schools split up large purchases into smaller amounts and thereby fall under the small purchase threshold?

No, public schools cannot intentionally split purchases in order to fall below the small purchase threshold to circumvent procurement rules. However, there may be some instances in which a segment of the marketplace supports the need to separate products from the overall food procurement

what have other localities asked8
What have other localities asked?

Jerry

  • What are the single quote limits? Before I have to compete?
    • Single Quote up to your purchasing threshold
      • State agencies ($5,000)
      • Certain higher education institutions ($10,000)
      • Cannot exceed ($30,000)
    • One quote is required
    • You may solicit multiple quotes but you must award to the lowest responsive and responsible bidder
what have other localities asked9
What have other localities asked?

Debbie

  • What is open and free competition?

Open and free competition basically means that all suppliers are “playing on a level playing field” with the same opportunity to compete

  • Is the procurement file open to the public if the award is cancelled?

No if it is going to be rebid

what have other localities asked10
What have other localities asked?

Debbie

  • Do I have to compete if the vendor states that they will honor “state contract” pricing?

Yes, if it is over your single quote limit

what have other localities asked vppa
What have other localities asked? (VPPA)

Debbie

  • Does 10 day posting requirement refer to business or calendar days?

The 10 day posting requirement refers to 10 calendar days prior to the date for receipt of a formal solicitation

what have other localities asked vppa1
What have other localities asked? (VPPA)

Debbie

  • How do I handle tie bids?

The governing body of a county, city or town may, in the case of a tie bid, give preference to goods, services and construction produced in such locality or provided by persons, firms or corporations having principle places of business in the locality

what have other localities asked11
What have other localities asked?

Debbie

  • Can we use all of the state contracts?

Generally public bodies may use state contracts unless the contract is limited to certain agencies

  • Can I use cooperative contracts?

All public bodies may use cooperative contracts if there is a cooperative provision included in the contract

what have other localities asked eva
What have other localities asked?(eVA)
  • In Quick Quote, if the awarded vendor does not fulfill the contract, can we use the same Quick Quote to award to second place vendor?
  • How long is a Quick Quote good for (valid)?
  • Is shipping included when “Quick Quoting”?
what have other localities asked eva1
What have other localities asked?(eVA)
  • How do I help vendors use eVA? Specifically when they complain about not getting business or notices?
  • How long does the procurement records stay in eVA?
  • How can I see what I approved?
how can eva help you
How can eVA help you?
  • eVA….

Saves time through electronicprocessing

Saves money through leveraged buying

Increases competition with 50,070+ vendors

Provides transparency

  • Free e-Procurement tools for localities (575 entities)

eMall * Quick Quote * VBO electronic posting

  • Free Training available
determining available products
Determining available products
  • State Contracts
  • VBO & PPEA Posting/Advertising opportunities
  • Public Reports
  • eMall (Shop Now)
  • Quick Quote