1. State of Georgia Sole Source Webinar January 22, 2009

2. Page 2 Sole Source Webinar Agenda January 22, 2009  Welcome – Kelly Loll-Jones (Director, Knowledge Center)  Legal Overview of the Sole Source Process and GPM Changes – Mary Scruggs (DOAS Legal Counsel)  Sole Source Intent to Award Justification Form – Mary Zirock (Training Specialist)  GPR Posting of a Sole Source – Mary Zirock  Questions and Answers State Purchasing DivisionJanuary 09

3. Page 3 Sole Source Process: Policy Change Old Process  No definition of sole source  3 Business Day Posting Period  NOIA utilized for purchases of $100K or more  Unclear how vendors should respond to sole source notice  Unclear what filing period applied for complaints/protests New Process (1/20/09)  Definition of sole source  5 Business Day Posting Period  NO NOIA required regardless of $ value  Clear that vendors must file a complaint/protest to challenge a sole source  Clear Filing Period What has changed? State Purchasing DivisionJanuary 09

4. Page 4 Sole Source Process: Definition Note: The sole source process is only applicable to purchases of $5,000 or more. A sole source acquisition is a contract for the purchase of supplies and/or services that is entered into or proposed to be entered into by an agency after soliciting and negotiating with only one source. State Purchasing DivisionJanuary 09

5. Page 5 Sole Source Process: Definition Sole source acquisition does not include any of the following:  Purchases from existing agency or statewide contracts,  Approved “piggybacking” purchases,  Contracts with non-profit entities,  Intergovernmental agreements,  Purchases which, either through statute or other regulation, are exempt from the competitive solicitation process and/or the State Purchasing Act, and/or  Any contract resulting from a competitive solicitation conducted in accordance with the provisions of this manual even if only one responsive and responsible bid/proposal is received. State Purchasing DivisionJanuary 09

6. Page 6 Sole Source Process  To provide a reasonable period of time for vendors to review and, if necessary, challenge a sole source notice Why has the posting period changed to 5 business days? Why don’t the existing filing periods for competitive solicitations work for the sole source process?  The initial filing period for competitive solicitations (2 business days prior to the close of the RFx) is too short and also inapplicable.  The second filing period for competitive solicitations (within 10 calendar days of the NOIA or NOA) is too long and also redundant. State Purchasing DivisionJanuary 09

7. Page 7 Sole Source Process Post complaint/protest to Georgia Procurement Registry with the Sole Source Step 2 If desired, SPD can lend assistance to resolution of an informal complaint Step 3 Although the Agency has final ruling on informal complaint, notify SPD of decision prior to public release Step 4 Informal complaints and formal protests are public records and any individual may receive a copy via Open Records request If you receive a complaint/protest directly, forward immediately to DOAS Assistant Commissioner at protests@doas.ga.gov protests@doas.ga.gov Step 1 What happens if a challenge is filed? State Purchasing DivisionJanuary 09

8. Page 8 Distinguish Between Informal Complaints and Formal Protests Informal Complaint  Less than $100,000 Estimated Contract Award  Resolved by Agency Representative  No Formalized Appeal Process Formal Protest  $100,000+ Estimated Contract Award  Resolved by DOAS Assistant Commissioner  Appeal Process Administered by DOAS Commissioner Distinguishing Factor: Contract Award $$ State Purchasing DivisionJanuary 09

9. Page 9 Use your subject matter experts to address challenges to specifications Ask the challenger any necessary questions that would help you understand the issue Build solutions around accepted procurement practice as stated in the GVM and GPM Consult legal staff as appropriate Work Towards 21 Day Goal State Purchasing DivisionJanuary 09 Reviewing and Responding to Vendor Challenges

10. Page 10 Reviewing and Responding to Vendor Challenges Internal Review Participants  Informal Complaint – in accordance agency’s policy for review  Formal Protest – SPD/Legal provides recommendation Written Response  Informal Complaint – agency representative issues written decision  Formal Protest – DOAS Assistant Commissioner issues written decision  Post Decision to GPR with solicitation Review Vendor’s Challenges Decision Issued by Appropriate Person State Purchasing DivisionJanuary 09

11. Page 11 Other Recent Changes to the GPM  Provided definition of NOIA and NOA  Informal Complaint:  Added filing period for specs  Provided that filing period for challenges to awards will begin once the NOIA is posted if Agency elects to utilize NOIA  Formal Protests:  GSFIC will handle certain challenges  Request for Formal Review:  DOAS reserves the right to charge the cost of the court reporter to the challenger requesting the oral presentation  The appeal stage is open to certain other vendors (in addition to the original protestor) State Purchasing DivisionJanuary 09

12. Documentation Forms and File Documentation

13. Page 13 Sole Source- Justification Process Step 1: Conduct Market Research  Thomas Register  Industry organizations  Internet searches  Consultants  Requests for Information (RFI)  Buyers Laboratory  Advertisements  Industrial publications. Once you learn the request requires a sole-source acquisition, you must determine the appropriateness of the request. Consequently, research must be conducted to determine if other products or service providers exist and can satisfy procurement requirements. Available research resources include: State Purchasing DivisionJanuary 09

14. Page 14 Once the APO/UCPO determines the needed good or service should be procured as a sole source acquisition, the purchasing agent must enter the information to the Sole Source Justification Form. You post this form with your solicitation. The top of the form contains the following information.  Date of Request  Entity Information  Requester’s Information  Name  Title  eMail Address  Phone Sole Source- Justification Process Step 2: Prepare Justification Form State Purchasing DivisionJanuary 09

15. Page 15 Sole Source - Justification Process Step 2: Prepare Justification Form Enter all information which supports and justifies the Sole Source solicitation in the Request Details section.  Identify Market Research source  Identify Supplier Information  Name  Contact  OEM Letter, indicate if attached  Enter Scope of Work  Provide detailed description of source’s capabilities State Purchasing DivisionJanuary 09

16. Page 16 Sole Source- Justification Procedures Step 3: Post Public Advertisement w/in DPA State Entity’s must publish all intended sole-source acquisitions with a value of $5,000.00 or greater to the Georgia Procurement Registry (GPR). When posting a sole-source acquisition, you must post the solicitation and attach Justification Form.  Post a Minimum of 5 Calendar days  Select appropriate NIGP Codes  Evaluate at closing  Award  Attach Notice of Award (NOA) State Purchasing DivisionJanuary 09

17. Page 17 Sole Source- Justification Procedures Step 3: Post Public Advertisement exceeds DPA If the Sole Source solicitation exceeds the Entity’s DPA, the APO/UCPO submits the One Time Request to Exceed DPA form to SPD.  Post Sole Source to the Georgia Procurement Registry  APO/UCPO completes SPD- OP002  eMail to CCMRouting@doas.ga.gov CCMRouting@doas.ga.gov  SPD review of Request and posted Solicitation documentation State Purchasing DivisionJanuary 09 The process for SPD authorization of a One Time Request to Exceed DPA remains the same.

18. Page 18 Sole Source- Justification Procedures Step 3: Bid File Documentation Once the posting is completed, provide all information to the Agency Records Checklist and include to your Bid file. This form has 3 sections:  Over DPA  Indicate Category Type  Goods/Services/IT/ Infrastructure  Enter Bid number  Within DPA  Provide Posting Date  Outcome/Protest Information  Number of Protests received  Awarded  Issued PO  No award State Purchasing DivisionJanuary 09

19. Georgia Procurement Registry (GPR) Posting the Sole Source

20. Page 20 Georgia Procurement Registry Posting the Sole Source Once you have logged on to the GPR. Click on Bid Processing then click on Post a Sole Source Bid. State Purchasing DivisionJanuary 09

21. Page 21 Georgia Procurement Registry Posting the Sole Source Enter all required information and indicate in the Bid Title the following:  Bid Title Format:  Sole Source-name of solicitation  Bid Description  Enter Sole Source announcement State Purchasing DivisionJanuary 09

22. Page 22 Georgia Procurement Registry Posting the Sole Source [Insert Agency Name] is providing public notice of its intent to award a contract to [Insert Name of Sole Source] to provide [Insert Description of Goods and/or Services.][Insert Name of Sole Source] has been identified as the sole source for this purchase for the reasons stated in the attached Sole Source Justification Form. Any supplier capable of providing the identified goods/services may challenge this sole source determination by filing a written complaint/protest with the Assistant Commissioner of State Purchasing in accordance with Section 3.8 of the Georgia Vendor Manual. The complaint/protest must be received prior to the closing date identified herein. Enter the suggested Sole Source announcement in the Bid Description field. Copy the suggested wording from the GPM and paste it in the Bid Description box. State Purchasing DivisionJanuary 09

23. Page 23 Georgia Procurement Registry Example-Suggested Wording State Purchasing DivisionJanuary 09

24. Page 24 Georgia Procurement Registry Posting the Sole Source After selecting the NIGP codes and posting the bid, the following screen prompts you to upload the Sole-Source Justification Form. To upload the form, click Browse. Then,  Locate the Justification form  Name the Document  Click Process First, click Browse to search for the form Last, after uploading the form, click Process State Purchasing DivisionJanuary 09

25. Page 25 Georgia Procurement Registry Posting the Sole Source After you upload the justification form, you can view the document to ensure you uploaded the correct document. Then, click Complete Bid Posting. Click here to view the document and ensure it is the correct form Click here to complete posting your bid State Purchasing DivisionJanuary 09

26. Page 26 Georgia Procurement Registry Posting the Sole Source State Purchasing DivisionJanuary 09 This screen displays to confirm that your solicitation is now posted.

27. Page 27 Georgia Procurement Registry Posting the Sole Source You can view the public side of the GPR to be sure that the document uploaded correctly. State Purchasing DivisionJanuary 09

28. Page 28 Georgia Procurement Registry Posting the Sole Source Once the posting process has been completed, the system will send an eMail notification to those suppliers registered with the selected NIGP code(s). Hyperlink to the Sole Source solicitation.

29. Page 29 Justification Process Posting Procedures Policy Changes Forms Course summary Definition and Protest Process State Purchasing DivisionJanuary 09

30. Page 30 For more CoursesForms  Fundamentals of State Purchasing  Basic Specification Writing (Available FY04) To access the Sole Source Justification forms and to learn more about this and other subjects: How to locate the form State Purchasing DivisionJanuary 09 1.Access the SPD Website at statepurchasing@doas.ga.gov statepurchasing@doas.ga.gov 2.Click on Resources 3.Click on SPD Official Forms 4.Click on Stage 1 (NI) 5.Click on SPD-N1004

31. Page 31 Questions?