1. 7/29/2009 1 Schedule 70 GSA Contracts Tim Hay, DAS SPO Julie Penry, DOJ

2. 2 7/29/2009 Today’s Discussion Public Contracting Code DAS Rules GSA Advantages and Disadvantages Time Differences between Competitive Solicitations and GSA Schedule 70 GSA Process Overview

3. 3 7/29/2009 ORS 279A.180 Purchases through Federal Programs Alternative to competitive sealed bidding, competitive sealed proposals or other competition required under ORS 279B.050 to 279B.085, provided that: (1) Agency follows applicable procurement rules; and (2) The procurement is made under the 2002 E-Government Act

4. 4 7/29/2009 E-Government Act 40 USC 502 Authorizes state and local Governments to acquire IT goods and services off the GSA schedules GSA Schedule 70 contains these IT goods and services IT goods and services on the GSA Consolidated Schedule are also available

5. 5 7/29/2009 OAR 125-246-0360 DAS GSA Procurement Rule Agencies are exempt from using competitive processes (ITBs and RFPs) Federal Authorization must exist in order to purchase from GSA Schedule Acquisition must meet Agency needs; price and terms must be advantageous to the State Agency must check to see if a Statewide Price Agreement exists; if one does, then Agency must use it

6. 6 7/29/2009 Items Currently under Statewide Price Agreements Software: large volume and shrink-wrap Personal Computers: desktop, laptops and mobile Servers: small, mid-range Hardware: storage solutions for small LANS Printers: individual or small shared, & multifunctional--print, copy, scan, fax Instructional Bundles for white board, laptop and digital projectors Limited Peripherals to support desktop computing

7. 7 7/29/2009 OAR 125-246-0360 Agency must consider impact on local businesses by:  Posting notice on ORPIN if the acquisition exceeds $5,000 Notice must include the Agency need, reason and intent to procure through GSA  Providing a reasonable time period to allow for response (usually 7 days)  Considering and responding to all responses submitted before proceeding

8. 8 7/29/2009 OAR 125-246-0360 State and local preference programs are not exempt and must be considered first  Inmate Work Program  Qualified Rehabilitation Programs (QRF)  OMWESB Agency must have legal sufficiency review per normal thresholds The Agency understands the federal procurement process:

9. 9 7/29/2009 OAR 125-246-0360 Voluntary and Direct contact between Agency and Contractor GSA Industrial Funding Fee Contract between Agency and Contractor May negotiate additional terms and conditions as required by State law just so long as they do not conflict with Federal Law GSA allows negotiation of:  Prompt payment  Commercial Terms  Conflict Resolution

10. 10 7/29/2009 GSA Contract Format GSA Schedule 70 terms and conditions: non-negotiable but most are high level Vendor GSA terms and conditions: non-negotiable & important to review State terms and conditions: can add so long as they do not conflict with the prior two sets of terms and conditions

11. 11 7/29/2009 GSA Advantages and Disadvantages Advantages  Shortened time frame to procure  Can avoid competitive process  Can still negotiate prices Disadvantages  At the mercy of pre-negotiated terms and conditions  Less control over responsiveness when negotiating

12. 12 7/29/2009 Time Differences: Competitive Solicitations and GSA Formal RFPs – 4 months to one year, depending on complexity of solicitation Formal ITBs – 60 to 120 days GSA – 30 to 90 days, depending on negotiations with contractor

13. 13 7/29/2009 Oregon GSA Process Overview Identify need for IT goods or services Verify there is no existing price agreement or preference program Verify the goods or services are available from GSA Schedule 70 Seek DAS assistance, if purchase exceeds DAS delegation threshold Seek DOJ legal sufficiency review, if applicable ORPIN Notice of Intent to conduct a GSA procurement Issue an RFQ to GSA vendors Evaluate responses Negotiate contract with selected vendor

14. 14 7/29/2009 GSA Contract Key Points GSA is not a price agreement Contractors are learning this process, too Contract negotiation timelines are vendor dependent GSA pricing is a ceiling, not a floor Feds are not a party to the resulting contract Take advantage of training on GSA website Coordinate the work group

15. 15 7/29/2009 Contact Information Julie Penry julie.s.penry@doj.state.or.us julie.s.penry@doj.state.or.us Tim Hay tim.hay@state.or.us