Learning Purchasing Basics A

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(No Transcript)
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Presenters Contact Information
Larry Klein Procurement Services
Group Office of General Services larry.klein_at_o
gs.state.ny.us [phone] OGS
Website www.ogs.state.ny.us
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Agenda

• Welcome and Introductions
• Course Overview
• Learning the Purchasing Basics Session A
• General Information
• Session Time
• Hush Sounds
• Ask Questions
• Listen, Learn, and Enjoy

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Resources

• Glossary of Terms
• Governing NYS Laws, Rules, Regulations and
  Other References and Resources
• Discretionary and Prior Approval Thresholds
• Procurement Requirements
• Procurement Guidelines
• Appendix A and B
• Agency Purchasing Flowchart

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The Procurement Process

• Determining your need
• Discretionary Purchasing Levels
• IFB or RFP

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The Agency Purchasing Flowchart

• Choices and decisions at each step
• Remember the Procurement Record

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Selecting a Procurement Method
Complete Needs Assessment Commodities, Services
and Technologies
Are needs met by Preferred Sources?
Yes
Preferred Sources
Are needs met by Centralized Contract?
Yes
Centralized Contract
Are needs met by Competitive Bid?
No
Yes
Competitive Bid
While more than one contractor could meet needs,
could agency provide substantial basis for
selecting a single contractor?
Yes
SINGLE SOURCE
Is price the sole criterion for selection,
provided contractors satisfy minimum
specifications?
No
RFP
No
Yes
Would only one contractor meet needs?
SOLE SOURCE
No
Best Value Acquisition Sharing Existing Contract
Resources Or Developing new P/S w/existing
Contractor
Yes
STRATEGIC PARTNERSHIP
Yes
IFB
No
Build It Yourself
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Process a Request for a Needed Commodity or
Service

• Determine
• Form, function, and utility determination
• Availability from preferred source
  offerings/Purchase from preferred source
• Check list of OGS Centralized
  Contracts/Purchase from OGS Centralized
  Contract
• Not available as needed from either?

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Discretionary Purchases

• Not subject to States competitive bidding
  requirements
• 15,000 50,000 for most State agencies
• 15,000 to 50,000 50,000 to 100,000 if
  purchased from NYS small business, M/WBE
  or recycled/remanufactured products
• Guidelines on website at
• www.ogs.state.ny.us/procurecounc/pdfdoc/
• Discretionarypurchasingguidelines8-17.pdf

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Discretionary Purchases

• Under 15,000 50,000
• Procurement record must support selection of
  vendor and reasonableness of price
• Must advertise quarterly in the Contract
  Reporter for anticipated purchases between
  5,000-15,000

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Discretionary Purchases

• 15,000 - 50,000
• Procurement record must support selection of
  vendor and reasonableness of price
• Must advertise in Contract Reporter

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Formal Competition

• Choosing a Method of Bidding
• IFB or RFP?
• Be sure you know what your agency really needs
• Write a specification that gets to what is
  needed but is not unduly restrictive

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IFB Essentials

• Responsive and responsible offerors
• Contract Reporter insertion
• Fully defined method of award
• Be prepared for tie bids and other glitches

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If a Low Bid Award is Not Feasible

• Use the RFP Process
• Define the project
• Explain general parameters that will
  determine best value
• Have OSC review the draft RFP

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Whether IFB or RFP
Level Playing Field
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What is the Contract Reporter?

• Online listing of bid opportunities worth
  15,000 or more
• Maintains a level playing field
• Official source of New York State government
  bid solicitations and
• Procurement resource for the business
  community.

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What Am I Responsible For?

• NYS agencies, public authorities, and public
  benefit corporations are required to publish
• Bid solicitations of 15,000 or more
• Quarterly anticipated procurements of 5,000 -
  15,000 (Agencies) and 10,000 - 20,000
  (SUNY/CUNY)
• Instructions of how to be placed on bid lists
  (with quarterly report) and
• Knowing and following applicable statute
• Article 4-C.

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Contact Information
Visit www.nyscr.org and click on NYS Finance Laws
-- See Article 4-C Procurement Opportunities
Newsletter.
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How Do I Submit a Bid Solicitation Online?

• Contact your agency administrator to
  establish a user profile for you.
• Go to www.nyscr.org.
• View the tutorials, user guide, FAQs.
• Become familiar with the site and submit a
  test ad (just delete it after successful
  submission).

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What if I Have an Exemption?

• Guidelines may be found at the NYS Contract
  Reporter website
• NYS Finance Laws, Article 4-C
• OSC Bulletin No. G-107B
• Procurement Opportunities Newsletter
• OSC approves/denies exemption and notifies
  the Contract Reporter.
• Bid info must still appear in the Contract
  Reporter (w/o proposal due date).

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How to Do a Search in the MWBE Directory

• Website Address
• www.empire.state.ny.us

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How to Do a Search in the MWBE Directory

• To access the webpage Click NY Loves Biz
  Doing Business in New York.
• Once in the New Attitudes New Opportunities New
  York page click on Small Growing Businesses
  on the left and select minority and women-owned
  business in the drop down list.
• Go to the second bullet (Minority and
  Women- Owned Business Certification) and select
  Search the Directory and you will be taken
  directly into the MWBE Automated Directory.

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State Agency Use Only
Please call DMWBD (Division of Minority and
Women Owned Business Development) at (518)
292-5250 to get your password
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Prevailing Wage Rates
What are they? Prevailing Wage Rates are the
wages and supplements to be paid and/or
provided to laborers, workers and mechanics
employed on a public work project.
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Prevailing Wage Rates
How are they determined? Prevailing rates are
based on collectively bargained
agreements. The Department of Labor utilizes
those agreements to determine the rate that
covers the type of work activity in question.
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Prevailing Wage Rates
When are they determined? The prevailing rate
of wages and supplements are determined
annually on July 1 of each year and are
effective through June 30, i.e. July 1, 2002
June 30, 2003. (Article 8, Section 220, subd.
5a)
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Prevailing Wage Rates
When should they be used? Prevailing Wage Rates
must be used on any public work project.
Generally, projects for construction,
reconstruction or maintenance done on behalf
of a public agency (entity) are public work.
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Prevailing Wage Rates
When should they be used? The Contracting Agency
must provide the prime contractor with a copy of
the appropriate prevailing wage schedule. Be
sure to list PRC in solicitation.
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Prevailing Wage Rates
When should they be used? State law requires
that these schedules be made part of all
contracts between a government entity and a
contractor. (Article 8, Section 220, Subdivision
3)
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Prevailing Wage Rates
Which Rates Apply? Work involving the employment
of laborers, workers or mechanics is subject to
Article 8. Building service workers, i.e.,
janitorial services, are covered under Article 9
of the New York State Labor Law.
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Prevailing Wage Rates

• Which Work Classification Applies?
• The Bureau of Public Work looks at all factors to
  determine classification, including
• Nature of the work
• Collective bargaining agreements
• Jurisdictional agreements
• Jurisdictional decisions
• Historical practice
• Past DOL recognition
• Case law precedents

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Where to Find Prevailing Wage Rate Information
The annual determination is available on the
Department of Labor website www.labor.state.ny.u
s
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Additional Information

• A copy of the current or past years Prevailing
  Wage Rates can be obtained on CD by e-mailing
  your request to
• nysdol_at_labor.state.ny.us
• Any questions, please contact
• NYSDOL Bureau of Public Work
• SOBC Building 12, Room 130
• Albany, NY 12210
• Phone [phone]
• Fax [phone]

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Questions and Answers
?
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Presenters Contact Information
Larry Klein Procurement Services
Group Office of General Services larry.klein_at_o
gs.state.ny.us [phone] OGS
Website www.ogs.state.ny.us