Procurement Code Changes Highlights 2017

Transcription

1 Procurement Code Changes Highlights 2017

2 Purpose of Chapter (Utah Procurement Code) Utah Code 63G-6a-102 (1) To ensure transparency in the public procurement process; (2) To ensure the fair and equitable treatment of all persons who participate in the public procurement process; (3) To provide increased economy in procurement activities; and (4) To foster effective broad-based competition within the free enterprise system.

3 Public Notice Utah Code 63G-6a-112 (7)(a) It is the responsibility of a person seeking information provided by a public notice under this section to seek out, find, and respond to a public notice issued by a procurement unit. (b) As a courtesy and in order to promote competition, a procurement unit may provide, but is not required to provide, individual notice.

4 Responsive Clarify Use of Responsive Throughout Code Responsive means conforming in all material respects to the requirements of a solicitation. Bids, Proposals, Responses to Solicitations = Responsive

5 Contracts Awarded by RFP Utah Code 63G-6a-702 (2)(a) The request for proposals process is appropriate for a procurement unit to use in selecting the proposal that provides the best value or is the most advantageous to the procurement unit, including when: (i) the procurement involves a contract whose terms and conditions are to be negotiated in order to achieve the result that is the most advantageous to the procurement unit; (ii) cost is not the most important factor to be considered in making the selection that is most advantageous to the procurement unit; or (iii) factors, apart from or in addition to cost, are highly significant in making the selection that is most advantageous to the procurement unit.

6 Best and Final Offers (BAFO) Utah Code 63G-6a (1) May only be used in the RFP or RFP for an Approved Vendor List (2) May only be used if: (a) No single proposal adequately addresses all the specification stated in the RFP; (b) All proposals are unclear or deficient in one or more respects; (c) All cost proposals exceed the identified budget or the procurement unit s available funding; or (d) Two or more proposals receive an identical evaluation score that is the highest score.

7 Appeal of Protest Decision Utah Code 63G-6a-1702(4)(b) A procurement unit may not appeal a protest decision or other determination made by the procurement unit s protest officer.

8 Multiple Award Contracts Select State Contract Process Changes Some State contracts have been awarded to multiple vendors Many of the contracts allow for end users to select the contract provider that they determine to be the best value Select State multiple award contracts now require a user to get quotes from the awarded vendors Check State contracts you commonly use to see if there is a competitive requirement at:

9 Select State Contract Process Changes Approved Vendor List (AVL) contracts This contract award process is relatively new Vendors are qualified for a scope of work (example: Marketing and Advertising Services) Qualified vendors may be on the list for up to 18 months The AVL may be open or closed Open means other vendors can submit a response to be considered during the AVL process. Closed means other vendors cannot submit a response until the contract is re-issued. The contract requires that bids be obtained from a designated minimum number of approved vendors. The purchase is to be awarded to the low bid.

10 Government Employees Reimbursement State Code 53B Amendments An officer or employee may not use public funds for a personal use expenditure Incur indebtedness or liability on behalf of, or payable by, an institution of higher education or for a personal use expenditure Determination is made that it was an intentional personal use expenditure Requires full repayment into the fund from which the expenditure was disbursed Requires the office or employee to remit an administrative penalty of 50% of the expenditure An appeal process is to be established

11

12 End