01-31-17 presentation - how to do business with region one esc€¦ · overview education service...

How To Do Business with Region One ESC

©2016 Region One Education Service Center

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OVERVIEWEducation Service Centers Created in 1965 by the 59th Texas Legislature to assist school

districts 20 ESC’s Statewide Three main objectives as stipulated in the TEC §8.002: assist school districts improve student performance assist school districts to operate efficiently and economically carry out the mandates of the Texas Education Agency and the

Texas Legislature

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REGION ONE ESC Service area: 7 counties:

• Cameron County• Hidalgo County• Jim Hogg County• Starr County• Webb County• Willacy County• Zapata County

37 school districts and 10 charter school systems

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OBJECTIVEAssist school districts to operate efficiently and economically Accomplished through Region One ESC purchasing cooperatives

Region One Purchasing CooperativeChild Nutrition Program-South Texas Cooperative Library Purchasing Cooperative Texas Energy Center

Districts may participate in any or all of the Region One ESC purchasing cooperatives

Districts may also participate in other purchasing cooperatives

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ABOUT US Assist purchasing cooperative members

Compliance with Federal and State procurement statutes Lower costs for quality goods and services Reduced administrative burden and costs Source goods and services that address local needs

Organize, advertise, tabulate, review, award, and administer the bids and act as a coordinating center for all bids

Authority for such services is granted by section 8.053 of the Texas Education Code

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WHY DISTRICTS SHOULD JOIN? Provides schools and government agencies opportunities for greater efficiency

and economy in acquiring goods and services Takes advantage of current procedures to insure the most competitive contracts Provides competitive price solicitation and bulk purchasing for multiple agencies

that yield economic benefits unobtainable by the individual entity Provides quick and efficient delivery of goods and services by contracting with

best value vendors Equalizes purchasing power for smaller agencies that are unable to command

the best contracts due to size limitations Assists school districts and government agencies in maintaining the essential

controls for budget and accounting purposes Maintains credibility and confidence in business procedures by maintaining open

competition for purchases and by complying with purchasing laws and ethical business practices

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COST REDUCTION AND REVENUE MAXIMIZATION

Funding remains tight and limited for the 2016-17 school year, challenging school districts to be smart and efficient while following school board policies and the government code that dictate how to legally spend public funds.

Districts spend about 80 percent on salaries, the remainder of the budget has to be maximized, making the purchasing function critically important.

Implement just-in-time delivery of goods and supplies, eliminating the need for a warehouse and associated personnel, maintenance, and utility costs.

Participation in purchasing cooperatives to streamline the purchasing function, provide access to a greater variety of goods and services, and obtain competitive pricing and purchasing terms.

Automate the requisition process to ensure the use of purchase orders and reduce purchase order processing time.

Develop, implement, and train staff on purchasing policies and procedures to include a system of internal controls.

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CURRENT MEMBERS INCLUDE:

Currently serving 110 members Public and charter schools Colleges and universities Other government entities: cities, counties, non-profit agencies, and

political subdivisionsOnly members with an Interlocal Agreement and Board Resolution are authorized to use the contractsLink to webpage and information: www.esc1.net/purchasing

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WHY SHOULD VENDORS PARTICIPATE IN COOPERATIVE CONTRACTS?

Reduced paperwork Time savings One contract Increased visibility Built-in trust Target audience New customers

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A PURCHASING TOOL

With procurement best practices, school districts and government agencies can avert common problems in the purchasing office. One of the best tools is cooperative purchasing.

Districts using cooperative purchasing contracts may save money and time. Using a cooperative purchasing contract can help districts get things done quickly.

Purchasing looks at the quality of the contracts and the quality of the product or service. Sometimes people assume if you bought it on competitive bid basis, you bought an inferior product. Region One contracts are based on the “best value”.

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PURCHASING LEVELS AND REQUIRMENTS

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SAMPLE PURCHASING LEVELS AND REQUIREMENTS Purchase Commitment

Amount Support Required Additional Forms RFP/RFQ Board Approval* Advertising

For purchases up to $3,500.00 ‐ Micro Purchase

1 QUOTE EDGAR

PO COMPLIANCE FORM NOT REQUIRED NOT REQUIRED

*Is required in the aggregate at $50K NOT REQUIRED

For purchases of $3,500.01 to $49,999.99*

3 WRITTEN QUOTES PO COMPLIANCE FORM

QUOTE FORM NOT REQUIRED

NOTREQUIRED*Is required in the aggregate at $50K

NOT REQUIRED

For purchases $50,000.00 and over

FORMAL BIDS (Education Code 44.031)

PO COMPLIANCE FORM

REQUIRED

AGENDA ITEM REQUIRED

REQUIRED 2 consecutive weeks

For purchases over $150,000.00

FORMAL BIDS (Education Code 44.031)

EDGAR

PO COMPLIANCE FORM COST/PRICE ANALYSIS

REQUIRED

AGENDA ITEM REQUIRED

REQUIRED 2 consecutive weeks

PURCHASING COOPERATIVE 3 QUOTES

if not line item bid PO COMPLIANCE FORM

QUOTE FORM REQUIRED OF THE COOPERATIVE

REQUIRED OF THE COOPERATIVE

REQUIRED OF THE COOPERATIVE

SOLE SOURCE PURCHASE 1 QUOTE PO COMPLIANCE FORM SOLE SOURCE AFFIDAVIT

NOT REQUIRED NOT REQUIRED NOT REQUIRED

* Subject to school district's local procurement policy

BEST VALUE METHOD

Governmental agencies seek to make purchases that offer the best value to the agencyEmphasizes value over priceBest value might not be the lowest costGenerally achieved through the Request for Proposal (RFP) or

Competitive Sealed Proposal methods

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PUBLISHED CRITERIA AND RELATIVE WEIGHTS

Region One ESC publishes in the request for bids, proposals, or qualifications the criteria that will be used to evaluate the submittals and the relative weights given to the criteria

This is the basis for how a submittal will be evaluated and ranked. Highest ranked vendor earns the right to negotiate the final contract

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EVALUATION CRITERIA 14

(1) The cost to Region One ESC members;(2) The reputation of the vendor and of the vendor's goods or services;(3) The quality of the vendor's goods or services;(4) The extent to which the goods or services meet Region One ESC needs;(5) The vendor's past relationship with Region One ESC, if any;(6) The impact on Region One ESCs ability to comply with laws and rules relating to

historically underutilized businesses;(7) The total long-term cost to Region One ESC to acquire the vendor's goods or services;(8) For a contract for goods and services, other than goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the vendor's ultimate parent company or majority owner:

(a) has its principal place of business in this State; or(b) employs at least 500 persons in this State; and

(9) Any other relevant factor specifically listed in the request for bids or proposals Region One ESC would consider in selecting a vendor.


SUBMISSIONSFailure to adequately respond to items in the solicitation that address the published criteria will result in loss of points and possibly disqualification Submit information on the forms provided (if applicable) Follow all instructions Respond with the agencyʼs forms that are included in the package

Submit specific information if requested, such as a schedule, even if marked “tentative” or “draft”

Answer all questions asked Submit all information requested Full resume Financial Statements which may be marked “Confidential” if information is

proprietary/confidential

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SUBMISSIONSSolicitations may contain a questionnaire – answer all questions

appropriately and completely If the question asks for a list of your past projects of similar scope and

size, provide a list of projects of “similar scope and size” If the question asks for past experience with the agency, list the

projects If itʼs not in the submittal, it canʼt be considered If it is being requested, ensure it is in your submission!

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FORMS, FORMS, FORMS Form W-9

Certificate of Residency

HUB Certification

Antitrust Certification

Compliance with Texas Family Code

Violation or Breach of Contract Terms

Termination for Cause or Convenience

Equal Employment Opportunity

Davis-Bacon Act

Contract Workhours and Safety Standards

Rights to Inventions

Clean Air Act and Federal Water Pollution Control

Debarment and Suspension

Byrd Anti-Lobbying

Procurement of Recovered Materials

Profit as a Separate Element of Price

Employment Verification

Record Retention Requirements

Compliance with EPA Regulations

Compliance with the Energy Policy and Conservation Act

Compliance with Buy American Provision

Non-Collusion Statement

Felony Conviction Notice

Conflict of Interest Questionnaire (CIQ)

Certificate of Interested Parties (Form 1295)

Deviation and Exceptions

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FORMS, FORMS, FORMSForm CIQ - Conflict of Interest Questionnaire For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th legislature,

Regular Session, 2007, and the Texas Ethics Commission August 7, 2015 meeting to adopt updated Form CIQ as required by H.B. 23, 84th Leg., Regular Session, 2015, which became effective September 1, 2015

The questionnaire is filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a)

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006, (a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor

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FORMS, FORMS, FORMSForm 1295 – Certificate of Interested Parties Effective January 1, 2016, revised June 22, 2016 The law applies only to a contract of a governmental entity or State agency that

either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million

As a “business entity,” all vendors must electronically complete, print, sign, notarize and submit Form 1295 with their proposal even if no interested parties exist

Proposers must file Certificate of Interested Parties – Form 1295 electronically with the Texas Ethics Commission using the following online filing application: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

Interested Party is a person who:a) has controlling interest in a business entity with whom Region One ESC and/or its

cooperative members contracts; orb) actively participates in facilitating the contract or negotiating the terms of the

contract, including a broker, intermediary, adviser, or attorney for the entity

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REQUIREMENTSRegion One ESC posts information to ensure districts are accessing quality, valid, legal contracts when using a purchasing cooperative All contracts procured under current Local, State and/or Federal law. Proof that the proposals were evaluated; the evaluation tabulation is available upon

request. Accepting contracts offering a quality, best value product or service not low bid of a low-

quality item. Interlocal agreement according to Texas Government Code 791. Contract awarded by a governmental entity as required by Texas Government Code 791. Facilities services contracts for such things as maintenance, renovations or repair contracts

procured through Job Order Contracting as required by Texas Government Code 2269. Added value – the purchasing cooperative audits the contracts for compliance. Consider HUB or MWBE contracts – evaluations include weights for HUB or MWBE status. HUB

contracts may be clearly designated. Use of its own contracts.

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PRE-BID CONFERENCE

Most pre-bid conferences are not mandatory, but it is still a good practice to attend. Be sure to read the requirement carefully as some may be mandatoryAble to ask questions about the specificationsProvide feedback to the agencyWalk the siteAsk questions

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RESEARCH

Most agencies post bid tabulations on the web or through their online procurement system

Request open records of submittals on past or similar proposals. Familiarize yourself with local policies. Ask questions.

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ADDENDA

An addendum may be issued to:Answer questions from biddersProvide additional informationProvide changes in specificationsProvide new forms to be utilized

Before submitting your proposal, always check to make sure you have received/read all addenda.

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©2016Region One Education Service Center

BONDSYou may be asked to submit a Bid Bond with your proposal – failure to submit will result in disqualification of submission Bid Bond is forfeited if bid is withdrawn after the RFP/CSP opening, or

Contract Documents are not executed.Before submitting a bid, make sure you have the bonding capacity to meet the requirements if awarded a public works contract, Government Code, Sec. 2253.001(4) – a contract for constructing, altering, or repairing a public building or carrying out or completing any public work For public works contract over $25,000, you will be required to submit a

Payment Bond For public works contract over $100,000 you will be required to submit a

Performance Bond

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INSURANCE REQUIREMENTS

You may be asked to provide proof of insurance for some of the following coverages:

Workers Compensation (required by law for public works projects)General LiabilityCommercial AutoBuilders RiskOwners Protective LiabilityProfessional Liability

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INSURANCE

If awarded the contract, you may be asked to submit a certificate of insurance containing special endorsements that may include:The agency as an additional insured (except for Workersʼ

Compensation)Waiver of subrogation in favor of the agency under the Workersʼ

Compensation and Employersʼ Liability policiesA statement that a notice shall be given to agency thirty (30) days

prior to cancellation or upon any materials change in coverageBe aware that there is a cost to your business to provide this, so bid accordingly

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SYSTEM FOR AWARD MANAGEMENT – SAM

The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of Central Contractor Registry (CCR)/Federal Agency Registration (FedReg), Online Representations and Certifications Application (ORCA), and Excluded Parties List System (EPLS). Register/Update Entity at: https://www.sam.gov/portal/SAM Ineligible (Proceedings Pending) – Preliminary ineligible based upon adequate evidence of conduct indicating a lack of business

honesty or integrity, or a lack of business integrity, or regulation, statute, executive order or other legal authority, pending completion of an investigation and/or legal proceedings; or based upon initiation of proceedings to determine final ineligibility based upon regulation, statute, executive order or other legal authority or a lack of business integrity or a preponderance of the evidence of any other cause of a serious and compelling nature that it affects present responsibility..

Ineligible (Proceedings Completed) – Determined ineligible upon completion of administrative proceedings establishing by preponderance of the evidence of a cause of a serious and compelling nature that it affects present responsibility; or determined ineligible based on other regulation, statute, executive order or other legal authority.

Prohibition/Restriction – May be subject to sanctions pursuant to the conditions imposed by the U.S. Department of the Treasury (Treasury) Office of Foreign Assets Control (OFAC), or subject to a sanction, restriction or partial denial pursuant to the conditions imposed by the U.S. Department of State (STATE) or Federal agency of the U.S. Government.

Voluntary Exclusion – Accepted an agreement to be excluded under the terms of a settlement between the person and one or more agencies.

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CONTRACT AWARD

Submittals for contract awards will be evaluated by a committee. Upon completing the evaluation process an award recommendation will be submitted for review and possible approval.All Region One Purchasing Cooperatives’ contracts are submitted to the Region One Board of Directors for approval at regularly scheduled meetings. If approved, awarded vendors will be notified by Region One ESC via eBuyOne, our online procurement system. The award letter and information can be accessed in eBuyOne (old contracts are current accessible on the website).

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CRIMINAL BACKGROUND CHECK

Senate Bill 9 – 80th Texas Legislature, 2007 Texas Education Code Section 22.0834 Through DPS criminal history clearinghouse (Fingerprint-

based Applicant Clearinghouse of Texas – FACT). Employees with felony conviction or crimes of moral turpitude not

allowed to work near or around children

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CRIMINAL BACKGROUND CHECK

In order for contractors to receive the information through FACT, they must first establish an account with the DPS for FACT clearinghouse access The Company owner must sign a user agreement with the DPS. To obtain the user agreement and more information contact:

Access and Dissemination BureauTexas Department of Public SafetyCrime Records ServicePO Box 149322Austin, Texas 78714-9322Email: [email protected]: (512) 424-2365

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PURCHASING INFORMATIONVisit our website at http://www.esc1.net/purchasingYou can find: eBuyOne Vendor Registration – your business will receive email

notifications of bid opportunities based on NIGP codes selected Bid Solicitations – accessed via eBuyOne Notice of Award Information – Board Agendas and Bid Tabulation

documents

Look for our Bid Notices in The Monitor, The Valley Morning Star, The Laredo Times, and The Corpus Christi Caller-Times primarily on Wednesdays and occasionally on Sundays

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PURCHASING INFORMATION

BuyBoard: www.buyboard.com

DIR: www.dir.texas.gov/ict/contracts/Pages/ProductsServices.aspx

Choice Partners - HCDE: www.choicepartners.org

TCI: www.tci.tdcj.state.tx.us

Goodbuy Program - Region 2: http://purchase.esc2.net/

TIBH: www.tibh.org

National Joint Powers Alliance: http://www.njacoop.org

TXMAS: portal.cpa.state.tx.us/txmas

PACE - Region 13 & 20: www.pacecoop.org

TPASS: www.cpa.state.tx.us/txsmartbuy

TCPN - Region 4: http://www.tcpn.org/Pages/default.aspx

TIPS - Region 8: www.tips-usa.com

U.S. Communities: www.uscommunities.org

1Government Purchasing Alliance: http://www.1gpa.org/index.php

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Region One participates in the following Purchasing Cooperatives:

CATEGORIES – REGION ONE PURCHASING COOPERATIVE Audio Visual (Photography) Contract Services

Automotive and Bus Parts, Tires, Tubes, Supplies, Equipment, and Repair

Copy Paper, Envelopes, Tabs, Labels, Binding, Printing –Equipment and Supplies

Decor Merchandise & Services

Efficiency Services

Fire, Law Enforcement, Public Safety and Security – Equipment, Supplies, Systems and Repairs

Fundraising Services

General Merchandise and School Related Products

Grant Evaluator and Other Consultants

HVAC – Equipment, Supplies, Installation and Repair

Integrated Pest Management (IPM) Services

Maintenance Department – Building Material, Hardware, Supplies, Equipment and Repairs

Meal Catering Services

Performing Arts – Equipment, Supplies & Repair

Promotional Bottled Water

Promotional Merchandise and Services

Special Needs-Assistive Technology – Equipment, Supplies & Literacy Materials

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CATEGORIES – INTERNAL ESC Audio/Video and Video Conferencing Equipment and Installation

Architectural Services

Bank Depository Services

Building Maintenance Services

Energy Consulting Services

GEAR UP Evaluation Services

Grounds Maintenance and Upkeep

Group and Voluntary Insurance Products

Independent Auditor Services

Janitorial Services

Property and Casualty Insurance

Property Search for Adult Learning Program Classroom and Office Space

Third Party Administrator Services for Cafeteria Benefit Plan (IRC125) Administration

Web and Mobile Device Application Development Service

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CATEGORIES – SCHOOL FOOD SERVICE

Bread & Tortilla Products

Cafeteria Dining Decor

Dairy & Juice Products

Discounted Warehouse Proposal

Dispensed Products

Equipment & Small Kitchen Wares

Facility, Linen & Uniform Services

Food Service Full Line Items

Frozen Dessert Products – COMING SOON!

Janitorial Supplies & Paper/Plastic Products

Processing of USDA Foods

Removal of Grease from Traps & Barrels

Uniforms & Marketing Items

Wireless Temperature Monitoring Systems

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CATEGORIES – TEXAS ENERGY CENTER

Energy procurement and aggregation Energy supply and related services

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CATEGORIES – LIBRARY PURCHASING COOPERATIVE

Consultants Instructional Software and Applications Library Books Library Furniture Library Supplies Magazine Subscriptions Multi-Media Equipment Additional Library Resources and/or Services Online Reference Databases and/or Services Digital Video Services Other Online Instructional Resources

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COST OF SERVICE

Goal: To assist Region One members other school districts, charter schools, and governmental entities throughout the State operate more efficiently and economically (TEC §8.002)

Region One ESC does not have a tax base

Annual budget $40 million

State provides $258,000, or 0.645%

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FEES

1% service fee paid quarterly Net total invoice amounts Provide copies of POs received directly from Cooperative members The Texas Education Agency requires the following information:

o Total Sale Amount for each School District/Charter School (September 1 -August 31)

o Total Savings in Dollar Amount for each School District/Charter School

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CONTACT INFORMATION – PTACThe University of Texas RGV Rio South Texas Regional Procurement Technical Assistance Center (PTAC) provides technical services through trainings and one-on-one counseling to persons interested in obtaining contracts with local, State, and Federal governmental entities. PTAC helps businesses obtain State and Federal certifications and understand the contracting process. The Procurement Technical Assistance Program (PTAP) was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the government marketplace. The UTRGV PTAC has been in existence since 2009 and have helped vendors in obtaining over $15 million in contracts!

UTRGV CESS Building, 1407 E. Freddy Gonzalez Dr., Suite 1.200, Edinburg, TX 78539 Hector Landez Orlando Castaneda Rey SotoPTAC Program Manager Special Projects Coordinator Business Advisor(956) 665-7564 (956) 665-7557 (956) [email protected] [email protected] [email protected]


Transforming procurement Increased efficiency and improved productivity

through automation and streamlining procurement processes: Supplier/vendor management Procurement solicitation Award process Contract management and record keeping

Supplier/vendor managementVendors self register and select applicable NIGP

codesVendors self-maintain certificates, licenses, proof

of insurance, W9 Forms, etc.Ability to access, and respond to procurement

solicitations

Procurement solicitation document creation and standardization

Accommodates formal and informal and various methods of procurement solicitations

Allows for vendor Q&As and addendums Supplier/vendor responses are time stamped,

encrypted and locked

Award process System allows for: Clarification questions to suppliers/vendors Evaluation criteria Best and final offers Bid tabulations Awarding of single or multiple vendors and/or items

Contract management and record keepingAwarded contracts are maintained in the systemAwarded vendors and products are easily searchable within

the system Standard and ad hoc reporting features

Built to benefit all districtsMulti-organization design Each org can implement their own business practices Financial integration capabilities Currently working with TCC to integrate with iTCCS and TEXiS

What does

mean for you?

Centralized vendor info in one place!• W-9 Forms, insurance, and more

No more Excel spreadsheets! Quick search features to find what you need! Ability to track product and services bought

and sold!

New vendor registration portal:www.esc1.net/eBuyOne

Vendor resources:Vendor Registration GuideVendor Maintenance GuideNIGP Codes – searchable list

CONTACT INFORMATION

Lori A. Ramos

Purchasing Coordinator

Phone (956) 984-6123

[email protected]

Kristina Carrizales

Purchasing Cooperative Specialist

(956) 984-6012

[email protected]

Marc David García

Purchasing Specialist

Phone (956) 984-6178

[email protected]

America Retana

Purchasing Technician

(956) 984-6217

[email protected]

Dr. Laura Sheneman

Coordinator for Library Services and Instructional Resources

Phone (956) 984-6055

[email protected]

Fabiola Fuentes

LSIR Program Assistant

(956) 984-6072

[email protected]

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QUESTIONS AND ANSWERS 50
