Personal Service Contract Review Board

2 Director: Tess Funches Contract Analysts: Terri AshleyEric Davis Alicia ColemanSandra Edwards Administrative Assistant: Luetitia Moore Attorney: Sara DeLoach, Special Assistant Attorney General PSCRB Staff

Contract Workers

4 Contract workers which cumulatively exceed $100,000 are under PSCRB purview Agencies issue a new paper contract each year, but the SPAHRS entry is renewed The May 15 deadline for renewals does apply to contract workers The contract should support the requested spending authority

Independent Contractors

Purchasing Levels and Requirements

7 1.$50,000 or less PSCRB Regulations $50,000 - $100,000 PSCRB Regulations Cumulative value exceeds $100,000 Levels of Purchases for Personal Service Contracts

8 1.Complete procurement is required 2.Lowest responsible bidder or best proposal 3.Contract and procurement submitted for PSCRB approval prior to execution (emergency contracts are submitted executed) Service Contracts with a cumulative value over $100,000

Procurement

10 Traditional Methods of Procurement  Emergency  Sole source  Invitation for Bids (IFB)  Request for Proposals (RFP) New Option  Preapproved Vendor Lists

11 Emergency Procurements PSCRB Regulations – Section “ The Head of a Purchasing Agency, or a designee, may make or authorize others to make emergency procurements…provided that such emergency procurements shall be made with such competition as is practicable”.

12 1.Reasons to declare an emergency defined in section Contract must contain required clauses 3.Time-limited contract 4.If value exceeds $100,000, the executed contract shall be submitted to the PSCRB within 10 days of execution for PSCRB review Emergency Procurements (continued)

13 If it is not a verifiable emergency, it may result in individual liability Emergency Procurements (continued)

14 Sole Source Procurement PSCRB Regulation—Section  Sole-source procurement may only be used when the Agency Head (or designee) determines in writing that there is only one source for the required service and gives the basis for this determination.  The Agency will conduct negotiations as to price, delivery and terms with the sole- source vendor.

15 Invitation for Bid 1.Bids opened publicly 2.Unconditionally accepted 3.After bid opening, no changes shall be permitted 4.Discussions not allowed 5.Lowest responsible bidder 6.Section IFB and RFP Request for Proposals 1.Proposals opened privately 2.Shall include evaluation factors (only use factors in RFP) 3.Allows for negotiations and discussions 4.Discussions allowed/price adjustment 5.Award made to most advantageous proposal 6.Section 3-203

Procurement Timeline

17 The effective date of the contract is July 1. It should be approved prior to execution and the start date The June 2013 PSCRB meeting is scheduled for June 18. The PSCRB contract due date is 15 working days prior to the meeting date of June 18. The submission deadline is May 28. Usual evaluation time is at least one week (May 20 – 24).

18 The proposal due date should be May 20. PSCRB requirements are for 2 ads to be run – and the opening can be no sooner than the EIGHTH business day after the second ad run date. The due date is May 20. The last ad must have run May 8. The first ad run 7 DAYS prior – May 1.

19 Is advertising necessary if an agency wants to contract with an entity not under PSCRB purview? (eg. MSU, USM, Ole Miss) Point to Consider

Procurement Requirements

Required Clauses for Procurements

22 1.Applicable Law 2.Availability of Funds 3.Procurement Regulations 4.Compliance with Laws 5.Stop Work Order 6.Representation Regarding Contingent Fees 7.Representation Regarding Gratuities 8.Acknowledgment of Amendments 9.Certification of Independent Price Determination 10.PROSPECTIVE CONTRACTOR’S REP. REGARDING CONTINGENT FEES 11.E-Payment 12.E-Verify 13.Transparency 14.Paymode

23 Representation Regarding Contingent Fees: The Contactor represents that is has not retained a person to solicit or secure a State contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except as disclosed in the contractor’s bid or proposal. Prospective Contractor’s Representation Regarding Contingent Fees: The prospective contractor represents as a part of such contractor’s bid or proposal that such contractor has/has not retained any person or agency on a percentage, commission, or other contingent arrangement to secure this contract

24 1.Can we change the standard terms and conditions? 2.Can we allow the contractor’s exceptions to the terms and conditions over-rule the actual contract? Points to Consider

Evaluation Procedures

26 1.Bids are evaluated on price 2.The contract is awarded to the vendor who submits the lowest cost Evaluating Bids

27 PSCRB required evaluation factors for RFP’s: 1.The plan for performing the required services 2.Ability to perform the services as reflected by technical training and education, general experience, specific experience in providing the required services, and the qualifications and abilities of personnel proposed to be assigned to perform the services 3.The personnel, equipment, and facilities to perform the services currently available or demonstrated to be made available at the time of contracting 4.Record of past performance of similar work 5.Price

28 1.In my RFP, can I use more evaluation criteria than is listed in the PSCRB regulations? 2.Do I have to use a 100-point scale? 3.Regardless of the evaluation, can we award to any participating vendor? 4.How do I properly reject a vendor? A.Unacceptable B.Non-responsive C.Non-responsible Points to Consider

29 1.Can we renegotiate terms from the RFP/IFB with my selected contractor? 2.Can we change the scope of services from the RFP/IFB with my selected contractor? 3.Can price be negotiated? Points to Consider

CONTRACT INFORMATION

31 1.Applicable Law 2.Availability of Funds 3.Representation Regarding Contingent Fees 4.Representation Regarding Gratuities 5.Procurement Regulations 6.Compliance with Laws 7.Stop Work Order 8.E-Payment 9.E-Verify 10.Transparency 11.Paymode Required Clauses - Contract

Renewal versus Modification

33 A renewal is based on optional terms contained in the contract. The renewal will add additional time to the contract term. A modification is to change any other item in the contract (e.g. scope of services increase)

34 1.Renewal terms are OPTIONAL. 2.Contract must have “active” renewal terms. 3.Renewals must be exercised prior to the expiration of the contract 4.Agency issues the renewal as an amendment or modification to the contract – not a new contract 5.If your contract does not contain renewal terms, you cannot renew the contract Renewal Terms

35 1.Renewals are under same terms and conditions as original contract 2.Renewals need PSCRB approval (prior to contract expiration) 3.Renewals for the new fiscal year should be submitted by May 15 Renewal Terms ( continued )

36 1.Cannot modify to increase spending authority without a change in scope or an increase in the population served 2.If PSCRB approved the contract, all modifications must also be approved (even decreases) 3.Modifications are made through an amendment (not by issuing a new contract) Modifications

37 If insurance is required, a CURRENT certificate should be submitted (we suggest it be submitted with the vendor response but it must be submitted prior to work beginning) A suggestion is the Agency being a certificate holder Insurance

38 Cannot change (reduce/increase) coverage requirements because selected vendor does not have coverage If you will require insurance, this should be made clear in the procurement Insurance requirements between the procurement and the contract must be consistent Insurance (continued)

39 If funds will be paid for travel expenses, there should be information in the contract allowing payment Travel expenses paid should be based on state rates (this should be specified in the contract) Travel Expenses

40 If the agency terminates a contract, the PSCRB staff should be notified and the contract terminated in SPAHRS. A termination does require Board approval. After all outstanding invoices have been paid, the requested spending authority in SPAHRS should be reduced to the amount paid. AFTER PSCRB staff approves the reduction, the termination date should be entered into SPAHRS Termination of contracts

Submission Information

42 Due 15 business days prior to PSCRB meeting. PSCRB Submission Deadlines

43 Complete Contract Packet  Notice of Publication  Invitation for Bids or Request for Proposals  Selected vendor’s response  Documentation required by procurement/contract  Evaluation material, including all vendors’ pricing information  Contract unsigned, unless emergency contract  Protest memo  Other pertinent information

44 1.SPAHRS information (start date, end date, total requested spending authority, vendor name, etc.) must match the contract 2.The requested spending authority should be for the entire initial term Points to Consider

45 Contract Review Diagram E-Submit Review for Compliance Questions Answered Executive Summary Review for Legal Compliance PSCRB Approves Signed Contract Approved in SPAHRS E-System Archives Review of Procurement

46 PSCRB Meetings  The PSCRB meets the Tuesday before the third Thursday of each month at 9:00 AM.  The Chair will call additional meetings as necessary  Meeting Dates/times are posted on the MSPB website  Location for meetings:  210 East Capitol Street, Jackson, MS  Second Floor, Regions Plaza  Board agenda is prepared by the PSCRB staff.  Contracts are presented to the Board by PSCRB Consultants

47 Contract execution: Contracts are executed only after the Board approval If the Board approved a renewal, the renewal document must be executed, submitted and approved in SPAHRS prior to the expiration of the initial term The vendor should have reviewed the contract prior to it being submitted to the PSCRB. If the contractor requests changes after the Board approves the contract, it will have to go back before the Board

48 Questions and Answers

49 Contact Information

50 Tess Funches Alicia Coleman

51 Terri Ashley Eric Davis Sandra Edwards