CommonHealth for SWaMmers Ear Eugene Anderson Director of Policy, Consulting & Review (804)

2 Purpose Does the space from your left ear to your right ear feel full, unbalanced or inflamed at times? If so you could be suffering from SWaMmers ear This interactive session will test your knowledge of the Commonwealth's current SWaM program and provide tips and remedies for better pain management

3 Definition – SWaM Includes Small Businesses, Women-owned Businesses and Minority-owned Businesses

4 Definition - Small Business A business, independently owned or operated by one or more persons who are citizens of the U. S. or non-citizens who are in full compliance with United States immigration law, which, together with affiliates, has 250 or fewer employees, or average annual gross receipts of $10 million or less averaged over the previous three years

5 Definition - Women-owned Business At least 51% owned by one or more women who are citizens of the United States or non- citizens who are in full compliance with the United States immigration law Must control the management and daily business operations to qualify as a Women- owned Business

6 Definition - Minority-owned Business At least 51% owned by one or more minority individuals who are citizens of the United States or non-citizens who are in full compliance with the United States immigration law Must control the management and daily business operations to qualify as a Minority- owned Business.

7 SWaM Exam – 17 Statements Answer True or False to each Offer experiences and tips to your colleagues ???

8 1. Statement (True or False) All DMBE-certified Women- and Minority- owned Businesses are also considered to be Small Businesses

9 1. False (APSPM 3.10 b) DMBE-certified Women- and Minority-owned businesses shall also be considered Small Businesses when they have received DMBE Small Business certification

10 2. Statement (True or False) Methods of Procurement include: Small Business Purchase Procedures Competitive Sealed Bidding Competitive Negotiation Sole Source Emergency Reverse Auctioning

11 2. False (VPPA § ) Methods of Procurement include: Small Purchase Procedures Competitive Sealed Bidding Competitive Negotiation Sole Source Emergency Reverse Auctioning

12 3. Statement (True or False) It is mandatory that all purchases up to $50K be set-aside for DMBE-certified Small Businesses unless the price is not fair and reasonable

13 3. False (APSPM 3.10 g) Procurements up to $50K are exempted if: – Exempted from competitive requirements in 1.5 b, c, d and e; or in 14.9 b items 1-4, 6-16, and – Existing mandatory sources like VDC, VIB & VCE – Nonprofit sheltered workshops – Existing mandatory or optional statewide contracts

14 4. Statement (True or False) Revenue contracts (e.g., scrap, recycling or contracts with $0 payment made by the Commonwealth, e.g., contracted out Bookstore, Food Service operations) up to $50K are exempt from Small Business set- asides

15 4. True (APSPM 3.10 g) Revenue contracts are exempt from Small Business set-asides

16 5. Statement (True or False) Emergency purchases up to $50K are exempt from Small Business set-asides

17 5. False (APSPM 3.10 g) Emergency purchases up to $50K are not exempt from Small Business set-asides

18 6. Statement (True or False) Purchases from nonprofit sheltered workshops are exempt from the set-aside requirements because these workshops are considered to be DMBE-certified Small Businesses

19 6. False (APSPM 3.10 g) Purchases from nonprofit sheltered workshops are exempt from the set-aside requirements by DPS regulation These workshops are nonprofit entities and are not eligible for DMBE Small Business certification

20 7. Statement (True or False) Purchases reimbursed through petty cash are not exempt from Small Business set-asides up to $50K

21 7. True (APSPM 3.10 g) Petty cash may not be used to circumvent Small Business set-aside requirements or any other code or regulatory requirements such as: – Mandatory sources (e.g., VDC, OGC, VIB and VCE) – Unsealed competitive bidding (Quick Quote)

22 8. Statement (True or False) For Small Business set-aside procurements up to $5K If a Small Business is contacted but its prices do not appear to be fair and reasonable, the agency may award the contract to a large business after documenting the procurement file to that effect, including stating the basis for the determination

23 8. False (APSPM 3.10 g (1)) If prices do not appear to be fair and reasonable the agency shall document the procurement file to that effect, including stating the basis for the determination, and then additional quote(s) shall be obtained from at least one additional DMBE-certified Small Business, if available

24 9. Statement (True or False) Procurements over $5K and up to $50K shall be set-aside exclusively for DMBE-certified Small Businesses unless there is not a reasonable expectation that at least four competitive bids or offers will be received from DMBE-certified Small Businesses

25 9. False (APSPM 3.10 g (2)) Procurements over $5K and up to $50K shall be set-aside unless there is not a reasonable expectation that at least two competitive bids or offers will be received from DMBE-certified Small Businesses The agency must document the file that the procurement does not qualify for a set-aside Documentation may be on the requisition

Statement (True or False) If receiving only one acceptable bid or offer as a result of a set-aside procurement over $5K and up to $50K, the award should be made to that bidder or offeror if the bid or offer is fair and reasonable

True (APSPM 3.10 g (2)) Award if the one bid/offer is fair & reasonable If no acceptable bid/offer is received, withdraw set-aside requirement and re-solicit using competitive, non-set-aside, procedures Document file Tips from participants on determining price reasonableness

Statement (True or False) Procurements over $50K may be set-aside for DMBE-certified Small Businesses, in whole or in part, when there is a reasonable expectation that the agency will receive at least two competitive bids or offers from DMBE-certified Small Businesses

True (3.10 g (3)) Tips from participants on types of procurements over $50K that have been or could be set-aside for Small Businesses

Statement (True or False) Agencies are authorized to award contracts over $50K to a reasonably priced or reasonably ranked DMBE-certified Small Business that is other than the lowest priced bidder or highest ranking offeror

True (APSPM 3.10 f) Include Special Term and Condition 7.J. or 7.K.

Statement (True or False) IFBs and RFPs over $100K require a Small Business Subcontracting Plan from prime contractors unless the procurement was set- aside or the agency makes a written determination that no opportunities to subcontract exist and documents the file

True (APSPM 3.10 h) Also, prime contractors are required to state the names of the DMBE-certified Small Businesses that it plans to utilize and the dollar amounts

Statement (True or False) For IFBs and RFPs, prime contractors that fail to submit a Small Business Subcontracting Plan will be deemed nonresponsive and their bids/proposals will be rejected unless the prime contractor is a Small Business

False (APSPM Annexes 6.I and 7.G) IFBs are rejected For RFPs, prime contractors that fail to submit a plan will receive zero points

36 15.Statement (True or False) No vendor shall be considered a Small Business unless certified as such by DMBE by the contract award date

False (APSPM 3.10 b) No vendor shall be considered a Small Business unless certified by DMBE by the due date for receipt of bids or proposals

Statement (True or False) If an agency identifies no DMBE-certified Small Businesses capable of performing contract requirements, the agency shall consult with DMBE to seek to identify available Small Businesses unless contract timing issues require the agency to complete the contract process before DMBE input can be obtained

True (APSPM 3.10 d) Work collaboratively with DMBE

Statement (True or False) eVA Reports may be utilized to help manage the SWaM program

True Bidders List - available SWaM vendors by commodity code – Helpful to direct users to SWaM businesses – Allows for comparison between vendors on the list and other vendors being used by the agency – Shows vendors that need to be encouraged to certify with DMBE

Continued PROD 003 V6 - Vendors by SWaM Category and Service Area PROD-261-V2 - SWaM Spend by User - compares SWaM spend with total spend and provides the percentage PROD-261-X01 - the same report as above except on a BSO level

43 Tips and Remedies Understand the SWaM regulations Balance APSPM requirements & options Document, document, document Utilize eVA reports (contact assigned Account Executive if assistance is needed)

44 Conclusion This interactive session was designed to test your knowledge of the Commonwealth's current SWaM program and provide tips and remedies for better pain management Was your knowledge tested? Did you gain any tips and remedies?