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PSFA Contracts & New Initiatives in Construction Contracting

This presentation by the Public School Facilities Authority (PSFA) provides an overview of their responsibilities, the NM Procurement Code, different procurement methods, invitation to bid processes, and more. Find information on PSFA forms, building standards, and other resources.

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PSFA Contracts & New Initiatives in Construction Contracting

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  1. Public School Capital Outlay Council Public School Facilities Authority Presents: PSFA CONTRACTS & NEW INITIATIVES IN CONSTRUCTION CONTRACTING Public School Facilities Authority 2019 Galisteo, Suite B-1 Santa Fe, NM 87505 Phone: (505) 988-5989 Fax: (505) 988-5933 E-mail: info@psfa.k12.nm.us

  2. Public School Facilities Authority Presented by: CALVIN RHODES CENTRAL COORDINATOR & DOTTY McKINNEY CONTRACT SPECIALIST

  3. Presentation Overview • PSFA & District Responsibilities • The NM Procurement Code • Dollar Thresholds • Other Methods of Procurement • Invitation to Bid (ITB) & Bid Award Procedures • Request for Proposals (RFP) • P T A B Professional Technical Advisory Board • The PSFA Contracts • J O C = Job Order Contracting

  4. PSFA Easy Access Communications • www.nmschoolbuildings.org • General Information • Approved Projects • Centralized Bid & RFP Announcements • Building Standards and Specifications • Adequacy Standards and Guidelines • PSFA Forms and Documents • Other Website Links

  5. PSFA Responsibilities □ Develop Building Standards □ 5-Year Facilities Master Planning □ Facility Maintenance □ Create standardized contracts, documents & delivery processes -Assist with procurement of A/E services □ Project Oversight □ CIMS Const. Information Mgmt. System to track project expenditures/reports/warranties □ Applications for project funding □ Training

  6. District Responsibilities □District and PSFA enter into Joint Powers Agreement □Agreement empowers Districts/PSFA to enter into contracts for construction & repairs for PSCOC/PSFA/DCP funded projects □ A “District Representative” is designated as a single point of contact □ District serves as “owner” and central purchasing authority for all PSFA work □PSFA serves as “co-owner”, is empowered to validate & oversee all aspects of contracts, provide oversight & management of construction □PSFA responsible for approval and payment of all completed work funded by PSCOC/PSFA/DCP

  7. NM Procurement Code “Liberally construed and applied to promote its purposes and policies” PURPOSES: - Provide for fair and equitable treatment - Maximize purchasing value of public funds - Safeguards to maintain a system of quality and integrity 13-1-29 Rules of Construction; purposes.

  8. What is covered by the Procurement Code? The Code covers every expenditure not specifically “excluded or exempted” for - Tangible Personal Property - Services - Professional Services - Qualified Professional Services - Construction

  9. All Procurement for the State • All procurement for state agencies shall be performed by the State Purchasing Agent EXEMPTIONS 13-1-98 EXCLUSIONS 13-1-99 - Para. J, K, L Local public bodies, coops, charters - Professional Services - Small Purchases - Emergency Procurements

  10. Definitions – Important Words! • 13-1-80 Definition; regulation. “Means any rule, order or statement of policy, including amendments thereto and repeals thereof, issued by a state agency or a local public body to affect persons not members or employees of the issuer”. Regulations – 1.4.1. NMAC www\spd.state.nm.us - Clarify and amplify the Code – “this is how we do business” - Local public bodies may have different policies for small purchases than stated in the Code (13-1-125) • 13-1-52 Definition; determination. “means written documentation of a decision of a procurement officer including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains”’

  11. Determination – when required! • Determination found in 17 statutes in the Code • Letter of Determination must be issued by the central purchasing authority • Documentation is everything, and • Document everything!!!

  12. Small Purchases Thresholds 13-1-125 TANGIBLE GOODS, SERVICES & CONSTRUCTION • 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. Thresholds for local public bodies can be less than statute, but not more. QUESTION: What about procurements for goods, services, or construction that are less than $5,000? ANSWER: Purchases under $5,000 are “DIRECT” purchases and do not require quotes.

  13. Small Purchases Thresholds 13-1-125 TANGIBLE GOODS, SERVICES & CONSTRUCTION QUESTION: What about purchases for goods, services or construction that are more than $5,000 but less than $20,000? ANSWER: Per NMAC rules, three (3) written quotes are required. (“Did not return my phone call” or “did not respond” do not constitute a quote. Other sources to consider – catalogs and internet)

  14. Purchases Exceeding the $20,000 Threshold TANGIBLE GOODS, SERVICES & CONSTRUCTION QUESTION: What about purchases for goods, services or construction that are more than $20,000? ANSWER: Formal Invitation to Bid process is required

  15. Small Purchases Thresholds 13-1-125 PROFESSIONAL SERVICES – 13-1-76 • 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. QUESTION: What about procurements for professional services that are under $30,000? ANSWER: May enter into a contract up to $30,000 for professional services (Check SPD web site to see if there is a contract available you may use) without going through the formal “Request for Proposal” process

  16. Small Purchases Thresholds 13-1-125 QUESTION: What about procurements for PROFESSIONAL SERVICES over $30,000? ANSWER: Must acquire services through the formal “Request for Proposal” process

  17. Other Procurement Methods 13-1-129 Procurement under existing contracts PRICE AGREEMENTS • A contract entered into via an IFB or RFP Selection Process. • May be used for Services or Construction and Materials Purchases. • Advantages - set pricing. • Agreements may be transferred to other government entities (state agencies, cities, counties, universities, colleges) • SPD – State Purchasing Dept. Contracts www.spd.state.nm.us • GOLDEN RULE – MUST HAVE COPY OF IFB/RFP/CONTRACT ON FILE FOR AUDITING PURPOSES, AND TERMS & CONDITIONS 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.

  18. Other Procurement Methods 13-1-129 Procurement under existing contracts G S A • Federal government (General Services Administration) pricing • Advantages – eliminates having to develop specs & go through the bid process • Disadvantages – may not be the best price. May ask for “better than” list pricing • GOLDEN RULE: Must have current contract information on hand, must have letter from the manufacturer or supplier – not the salesman, extending terms & conditions and pricing!!!

  19. Other Procurement Methods 13-1-135 Cooperative Procurement authorized Any state agency/local public body may participate in, sponsor, or administer a cooperative procurement agreement for the procurement of any Services Construction Tangible Personal Property Requires approval of governing authority Authority limited to the central purchasing office administering the contract (COOPERATIVE EDUCATIONAL SERVICES)

  20. Invitation to Bid & Awards • Formal advertisement of Invitation to Bid (for procurement that exceeds $20,000) • Notice published 10 days before deadline (Bid opening date) • Receipt, Rejection of Bids • Late Bids, Identical Bids • Responsive Bids • Responsible Bidders 13-1-102 thru 13-1-110

  21. Invitation to Bid & Awards • 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.

  22. Request for Proposals (RFP) • Definition: 13-1-76 Professional services. Includes the services of architects, engineers, landscape architects and surveyors Procurement limits – set by definition of “local public works project” 13-1-66.1 • IF services are for a Public Works Project, where fees are for design work (drawings & specifications) exceeding $25,000 then formal RFP for Design Professional Services is required.

  23. 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? Does the District 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.

  24. RFP for Design Professional • Qualifications Based Procurement • Cost is not a factor • Criteria for evaluation – in the Code • Scope of Work • Open-end Contracts & Stateof NM • RFP template available on PSFA website 13-1-119 thru 13-1-124

  25. 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, surveyors, and construction managers, through the use of the “qualifications based selection process”.

  26. 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

  27. PSFA CONTRACTS NEW CONTRACTS If any portion of the work is funded by PSFA (DCP), the district shall use PSFA Version 2.0 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 widely accepted, they empower the owner and require more responsibility of the design professional and contractor.

  28. PSFA Design Professional Contract Ver. 2.0 Required Documents: • PSFA Transmittal Letter – ‘Check List’ for Abq. Office • Copy of District RFP for Design Professional Services • Letter of Award to DP/Board Minutes • PSFA Version 2.0 Contract (2 originals, signed & dated) • Project to be clearly defined • MACC (exclusive of GRT) • Certificate of Insurance • Exhibits • Additional Services and Work Orders • 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.

  29. PSFA Construction Contract Ver. 2.0 CONSTRUCTION CONTRACTS • PSFA Transmittal Letter – ‘Check List’ for Abq. Office • 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.

  30. J O C =Job Order Contracting • Question: What is J O C? ■Answer: Competitively bid, firm fixed price, indefinite quantity contract for small construction services and/or installation of finished products, materials, or merchandise and equipment which will become a permanent fixture of a structure

  31. J O C =Job Order Contracting ■ To construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, structure, facility, roadway, excavation – any part thereof ■ Perform work in connection with improvements to roofing systems, HVAC units, utility services lines, meters, etc. on an as-needed basis

  32. J O C =Job Order Contracting ■ Master contract is established ■ Local subcontractors and suppliers are utilized ■ Pricing based upon an adjustment factor applied to the unit price set forth in the “Construction Task Catalog” ■ Work may include, but not be limited to, design (with DP on district contract), installation, repair and alternation of a variety of buildings & facilities

  33. J O C =Job Order Contracting ■ JOC Contracts in place for: UNM, NM State University, Albuquerque Public Schools Los Alamos Public Schools ■CES currently has ITB out for JOC for southern regions NOTE: All procurement rules apply! Wage Rates, bonds, insurance, etc!

  34. J O C =Job Order Contracting • FINAL NOTE - CAUTION!! Job Order Contracting is designed to be cost-effective for small projects. Generally, project estimates of $400,000 or less can be executed efficiently. • Projects exceeding this threshold should be formally bid!!!

  35. Contractor Prequalifications ■ 13-1-134 - Prequalification of bidders. A business may be “prequalified” by a central purchasing office as a bidder or offeror for particular types of services, construction or items of tangible personal property. Mailing lists of potential bidders or offerors shall include but shall not be limited to such prequalified businesses.

  36. Contractor Prequalifications ■ Develop criteria to consider Licenses No. of years in business Types of projects previously executed Financial security of vendor Any prior or pending litigation Bonding/Insurance

  37. THANK YOU! QUESTIONS / COMMENTS Presented by: Calvin Rhodes, Central Coordinator Dotty McKinney, Contract Specialist

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