Agency Procurement and Surplus Property Manual (APSPM) Update Sandra Gill, CPPO, CPPB, VCO Procurement Management Account Executive, DGS/DPS

APSPM Update Procurement Information Memoranda (PIM) 27 issued July 8, 2010 The PIM and updated version of the Agency Procurement and Surplus Property Manual (APSPM) is posted on the eVA web page www.eva.virginia.gov, located under the buyer tab Also posted the updated Virginia Public Procurement Act (VPPA) and Vendors Manual

APSPM Chapter 2 2.1e. -Orders: Public bodies should submit orders directly to VDC through eVA, preferably via the VDC Punch-out Catalog. Those with special ordering needs may call the VDC Customer Service Team at 804 328 3232 ext. 0 for assistance. Additional information concerning goods and services available from VDC is contained in the VDC Dynamic Catalog (http://shopvdc.dgs.virginia.gov/catalog/). VDC catalog web address is updated

APSPM Chapter 3 3.10g(2) eVA Quick Quote upgrade now has a “Set-Aside” checkbox. Using the checkbox will automatically add properly formatted set-aside text to the beginning of the Quick Quote title.

APSPM Chapter 3 3.14c. Recycled Paper and Paper Products Preference. Reference to rescinded Executive Order 48 is removed. 3.14g. Appliances and Equipment. Reference is updated to Executive Order 19, dated July 1, 2010.

APSPM Chapter 3 3.14h. Biodiesel Fuel. Beginning on September 1, 2010, agencies and institutions shall procure only diesel fuel, taking into consideration availability and variability in cost of biodiesel fuel with respect to unblended diesel fuel, containing, at a minimum, two percent, by volume, biodiesel fuel or green diesel fuel, as defined in §45.1-394… This requirement shall only apply to procurements of diesel fuel for use in on-road internal combustion engines and #2 fuel burned in a boiler, furnace, or stove for heating, and shall not apply if supply is not readily available or the cost of such procurement exceeds the cost of unblended diesel fuel by 5 percent or more. (See § 2.2-1111.B.8 and EO 19, dated 7/1/10) The effective date updated and section is revised to reflect changes made by Executive Order 19, dated July 1, 2010.

APSPM Chapter 3 3.14i Deleted Prohibition on purchasing individual serving size plastic water bottles is deleted.

APSPM Chapter 3 3.18 Publicly Posted Notices. All solicitation, addenda and award actions (including emergency and sole source awards) for goods and non-professional services over $50,000 shall be posted on the DGS single electronic procurement web site (Code of Virginia, § 2.2-4301). Professional service procurements must be posted over$50,000. The designated web site is www.eva.virginia.gov. Notices shall be posted on the eVA web site under VBO Ads… Technical correction changes the threshold for public posting of solicitations for Professional Services to $50,000.

APSPM Chapter 3 3.22f. No state agency shall solicit or accept any donation, gift, grant, or contract without the written approval of the Governor except under written guidelines issued by the Governor which provide for the solicitation and acceptance of nongeneral funds (2010 Appropriation Act, §4-2.01.a.) Monetary or non-monetary sponsorships exceeding nominal value by vendors in support of conferences and other events are considered donations and must comply with the 2010 Appropriation Act, §4-2.01.a. Section is updated to reference the current Appropriation Act.

APSPM Chapter 3 3.22h. Political Contributions Prohibited During Procurement Process Pursuant to Code of Virginia § 2.2-3104.01, neither the Governor, his political action committee, or the Governor's Secretaries, if the Secretary is responsible to the Governor for an agency with jurisdiction over the matters at issue, shall knowingly solicit or accept a contribution, gift, or other item with a value greater than $50 from any bidder, offeror, or private entity, or from an officer or director of such bidder, offeror, or private entity, who has submitted a bid or proposal pursuant to the Virginia Public Procurement Act (Code of Virginia § 2.2-4300 et seq.) during the period between the submission of the bid/proposal and the award of the contract. Pursuant to Code of Virginia § 2.2-3104.01, the provisions of this section shall apply only where the stated or expected value of the contract is $5 million or more. The provisions of this section shall not apply to contracts awarded as the result of competitive sealed bidding as defined in Code of Virginia § 2.2-4301.

APSPM Chapter 3 3.22h. Political Contributions Prohibited During Procurement Process Pursuant to Code of Virginia § 2.2-4376.1, no bidder or offeror who has submitted a bid or proposal to a state agency for the award of a public contract pursuant to the Virginia Public Procurement Act (Code of Virginia § 2.2-4300 et seq.), and no individual who is an officer or director of such a bidder or offeror, shall knowingly provide a contribution, gift, or other item with a value greater than $50 or make an express or implied promise to make such a contribution or gift to the Governor, his political action committee, or the Governor's Secretaries, if the Secretary is responsible to the Governor for an agency with jurisdiction over the matters at issue, during the period between the submission of the bid and the award of the public contract pursuant to Virginia Public Procurement Act (Code of Virginia § 2.2-4300 et seq.) The provisions of this section shall apply only for public contracts where the stated or expected value of the contract is $5 million or more. The provisions of this section shall not apply to contracts awarded as the result of competitive sealed bidding.

APSPM Chapter 3 3.22h. Political Contributions Prohibited During Procurement Process   Pursuant to Code of Virginia § 2.2-3104.01 and § 2.2-4376.1 respectively, any person who violates the aforementioned code sections shall be subject to a civil penalty of $500 or up to two times the amount of the contribution or gift, whichever is greater. The attorney for the Commonwealth shall initiate civil proceedings to enforce the civil penalties. Any civil penalties collected shall be payable to the State Treasurer for deposit to the general fund. Agencies shall include the form contained in APSPM Annex 3-J, “Certification of Compliance with Prohibition of Political Contributions and Gifts During the Procurement Process” in solicitations/contracts where the stated or expected value of the contract is $5 million or more except those awarded as the result of competitive sealed bidding.

APSPM Chapter 3 3.28 Authorization to Transact Business in The Commonwealth  In accordance with the Code of Virginia § 2.2-4311.2, all public bodies shall include in every written contract a provision that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. General Term and Condition BB shall be included in all contracts to meet this requirement.

APSPM Chapter 3 3.28 Authorization to Transact Business in The Commonwealth  The Code of Virginia § 2.2-4311.2 subsection B requires that “Pursuant to competitive sealed bidding or competitive negotiation, all public bodies shall include in the solicitation a provision that requires a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 to include in its bid or proposal the identification number issued to it by the State Corporation Commission. Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law shall include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized.” Accordingly, Special Term and Condition 64: STATE CORPORATION COMMISSION IDENTIFICATION NUMBER shall be included in all Invitations for Bids or Requests for Proposals.

APSPM Chapter 3 3.28 Authorization to Transact Business in The Commonwealth  Any bidder or offeror described in Code of Virginia § 2.2-4311.2 subsection B that fails to provide the required information shall not receive an award unless a waiver is granted by the Director of the Department of General Services or his designee in accordance with Code of Virginia § 2.2-4311.2.

APSPM Chapter 4 4.16e. Conferences and meetings not held in state owned offices, buildings or facilities should be held at “Virginia Green” certified facilities if such use will meet the needs for the meeting, will not increase travel distances, and is not cost-prohibitive. (Executive Order 19, dated July 1, 2010) A list of “Virginia Green” certified facilities can be found on the Virginia Department of Environmental Quality website, www.deq.virginia.gov. Section is updated to reflect “Virginia Green” requirement changes contained in Executive Order 19, dated July 1, 2010. Adds reference to Department of Environmental Quality website

APSPM Chapter 8 8.2 - Guidance on sole source procurement above $50,000 for entertainment (speakers, lecturers, musicians and performing artists) is moved to end of section. Annex 8-C - Form is modified to clarify that DGS/DPS approval is not required for sole source procurements above $50,000 for entertainment (speakers, lecturers, musicians and performing artists).

APSPM Chapter 12 State and Federal Surplus Property, is replaced in its entirety. The DGS Office of Surplus Property Management has revised the chapter to make it more user-friendly.

APSPM Chapter 14 eVA Quick Quote upgrade now has a “Set-Aside” checkbox. Using the checkbox will automatically add properly formatted set-aside text to the beginning of the Quick Quote title.

APSPM General Terms and Conditions A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at www.eva.virginia.gov under “Vendors Manual” on the “Vendor” tab. Updated the web address 

APSPM General Terms and Conditions X. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION: …. The eVA transaction fee will be invoiced approximately 30 days after the corresponding purchase order is issued and payable 30 days after the invoice date. Any adjustments (increases/decreases) will be handled through purchase order changes.  Updated to include eVA fee invoicing and payment information above

APSPM General Terms and Conditions  BB. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section. New Term and Condition

APSPM Special Terms and Conditions 52. SECURITY LICENSE: In accordance with § 9.1-139 of the Code of Virginia (1950), the bidder/offeror shall be licensed by the Department of Criminal Justice Services for solicitations which include the following work: installation, service, maintenance, or design of security equipment; security officer service; and/or private investigator service. Licenses must be obtained prior to submitting a bid/offer. The bidder/offeror shall place their license number in the space provided below: Private Security Services Business License Number:______________________________ For assistance, bidders/offerors may contact the Department of Criminal Justice Services at 804-786-4700. Updates to reflect current DCJS phone number.

APSPM Special Terms and Conditions 64. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. * When used: In all Competitive Sealed Bidding or Competitive Negotiation solicitations (IFBs and RFPs). New Term and Condition

Vendors Manual Updates INTRODUCTION to reflect current web address for the manual. 1.1b Deletes reference to an alphabetical list of all state purchasing offices being available electronically. Adds the link to the website for agency information. 1.4 Deletes reference to an alphabetical list of all state purchasing offices being available electronically.

Vendors Manual 3.5 Adds a new section, Political Contributions Prohibited During Procurement Process. which prohibits the Governor, his political action committee, or the Governor's Secretaries from accepting contributions or gifts exceeding $50 from a bidder or offeror during the procurement process where the stated or expected value of the contract is $5 million or more. This also prohibits a bidder or offeror from making contributions or gifts exceeding $50 to the Governor, his political action committee, or the Governor's Secretaries during the procurement process where the stated or expected value of the contract is $5 million or more. 4.1 Corrects the website for VBO.

Vendors Manual 8.6d Changes wording to be consistent with the VPPA. Removes the requirement to use the Procurement Complaint Form to notify the supplier of the defect or impropriety in the invoice or goods and/or services received. Appendix B - Section I Revises item 16 in the list of TERMS AND CONDITIONS & INSTRUCTIONS TO VENDORS.

Vendors Manual Appendix B Section II, A. Updates General Term and Condition A. VENDORS MANUAL to reflect current web address for the manual. Updates General Term and Condition X. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION to include eVA fee invoicing and payment information. Adds General Term and Condition BB. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH to meet requirements of Code of Virginia § 2.2-4311.2 regarding businesses authorized to transact business in the Commonwealth.