richmond public schools · richmond public schools vendor’s manual rev. 05/17. 1. i....
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RICHMOND PUBLIC
SCHOOLS
VENDOR’S
MANUAL
Division of Purchasing
2395 Hermitage Rd., Vatex Bldg.
Richmond, VA 23220
Richmond Public Schools Vendor’s Manual Rev. 05/17
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TABLE OF CONTENTS
I. Introduction ......................................................................................................1
Department of Purchasing..................................................................................1
II. Mission ..............................................................................................................1
III. Method of Procurement/Solicitation
1. Small Purchases ..........................................................................................2
2. Competitive Sealed Bidding .......................................................................2
3. Competitive Negotiations ...........................................................................2
a. Professional Services ...................................................................2
b. Other than Professional Services .................................................2
4. Sole Source .................................................................................................3
5. Emergency Purchases .................................................................................3
IV. Vendor Relations
1. Fundamental Purchasing Principles ............................................................3
2. Ethics...........................................................................................................4
3. Conflict of Interest ......................................................................................4
4. Employment Discrimination Prohibited .....................................................4
5. Office Hours................................................................................................4
6. Unscheduled Closure ..................................................................................4
V. General Requirements of Vendor
1. Vendor Relations .........................................................................................4
2. Visits ............................................................................................................5
3. Vendor Assistance to Richmond Public Schools .........................................5
VI. Solicitation
1. Selecting Vendors for Bidding Participation ...............................................6
2. Pre-Bid or Proposal Conference ..................................................................6
3. Receipt of Sealed Bids or Proposals ............................................................7
4. Mistakes in Bids .....................................................................................7 – 8
5. Withdrawal of Bids ................................................................................8 – 9
6. Late Bids or Proposals .................................................................................9
7. Bonds ...................................................................................................9 – 10
8. Insurance ....................................................................................................10
9. Brand Names or Approved Equal ..............................................................10
10. Specifications, Questions and Comments ...................................................11
11. Contractors Registration (License) .............................................................11
12. Bidders List .................................................................................................11
13. Posting Bid Notices...............................................................................11–12
14. Removal from Bidders List ...................................................................12–13
15. Vendor Performance Files ..........................................................................13
16. Procurement Complaint Form ……………………………………………13
17. Notice of Cure ……………………………………………………………14
18. Termination for Default ………………………………………………….14
19. Re-procurement Cost/Repayment ……………………………………….14
20. Debarment and Reinstatement …………………………………………..14
VII. Solicitation and Responses
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1. Vendor Name and Addresses .....................................................................15
2. Signature on Bid or Proposal .....................................................................15
3. Pricing and Discounts ................................................................................15
4. Alternate Bids ............................................................................................16
5. Taxes ..........................................................................................................16
6. Time of Performance .................................................................................16
VIII. Evaluation and Award
1. Contract Award ..........................................................................................17
2. Notification of Successful Vendor .............................................................17
IX. Performance
1. Delivery......................................................................................................17
2. Packing Slips/Delivery Tickets ..................................................................17
3. Loss or Damage in Transit .........................................................................18
4. Cancellation of Purchase Orders and Contracts .........................................18
5. Purchase Order Changes ............................................................................18
6. Termination for Default .............................................................................19
7. Termination for Convenience of Richmond Public Schools ……………19
X. Payments, Disputes, Claims, Appeals and Protest
1. Payments ....................................................................................................20
2. Disputes/Claims ………………………………………………………....20
3. Appeal ........................................................................................................20
4. Protest ....................................................................................................... 21
XI. Charges and Collection
1. Billing and Invoices ...................................................................................22
XII. Ethics ...............................................................................................................22
XIII. Terms and Conditions ...................................................................................22
XIV. Equal Opportunity and Minority Business Participation ..........................23
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I. INTRODUCTION
The purpose of this handbook is to assist vendors in understanding the
procurement polices and procedures of Richmond Public Schools.
The RPS Purchasing Department acts as a liaison between vendors and all RPS
schools and departments. The goal of the Purchasing Department is to provide
goods and services necessary to support the education of children, in the proper
quantity and quality, at the lowest possible cost to all RPS schools and
departments. Procurement activities are performed in accordance with applicable
RPS policies and Federal and State laws and regulations to ensure all vendors
have access to compete for RPS business.
PURCHASING DEPARTMENT
The following Purchasing Department staff and contact information is provided to
assist vendors in conducting business with RPS:
Staff Members Charles T. Ward, MBA, C.P.M. VCA,
Director of Purchasing and Property Management Phone:(804) 780-6090
Email: [email protected]
Melinda A. Williams, CPPM, CPPB, CPP, VCO
Sr. Purchasing Officer
Phone: (804) 780-6185
Email: [email protected]
Davonia Holland, MBA,VCA
Purchasing Officer
Phone: (804) 780-6163
Email: [email protected]
S. Nicole Henderson, MAML, CPHT, BSC
Purchasing Officer
Phone: (804) 780-6162
Email: [email protected]
Alma Bell
Purchasing Officer
Phone: (804) 780-6161
Email: [email protected]
II. MISSION
Purchasing’s mission is to guide and direct RPS in the procurement of high
quality goods and services at reasonable costs in support of the education of the
children in the school division, while promoting maximum feasible competition
and fairness, complying with legal and budgetary requirements, and maximizing
the value of taxpayer dollars.
Richmond Public Schools
Division of Purchasing 2395 Hermitage Rd, Vatex Building
Richmond, VA 23220
Phone: (804) 780-6110
Fax: (804) 780-6151
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III. METHODS OF PROCUREMENT/SOLICITATION
RPS uses five (5) primary methods of procurement when soliciting competition
for goods and services, as follows:
1. Small purchases, for the procurement of goods and services less than
$50,000 as set forth in the School Board Policies and Procedures, and the
Purchasing Manual.
2. Competitive sealed bidding, a formal process, used for the procurement
of goods or services with a dollar value of $50,000 or more [Virginia
Public Procurement Act § 2.2-4301]. Formal sealed bids are solicited
using a written Invitation For Bid.
3. Competitive negotiations, also a formal process, used for the
procurement of goods/services or insurance [Virginia Public
Procurement Act § 2.2-4301].
Services procured through competitive negotiations fall into two
categories [Virginia Public Procurement Act § 2.2-4303]:
a. Professional Services
All professional services will be procured through competitive
negotiations. Professional services include work performed by an
independent contractor within the scope of the practice of accounting,
actuarial services, architecture, land surveying, landscape architecture,
law, medicine, optometry, pharmacy or professional engineering.
b. Other than Professional Services
Solicitations for other than professional services expected not to
exceed $50,000 are issued using an Informal Request for proposal
(RFP). The Informal RFP process is the same process used for
Competitive Negotiations except the Informal RFP will not
require:
o Notice published in a newspaper of general circulation
o Notice posed for at least ten (10) calendar days prior to
closing
o Issuance of a “Notice of Intent to Award”
Competitive negotiations for other than professional services
expected to exceed $50,000 are solicited by a formal Request for
Proposal (RFP) upon written determination by Purchasing that
competitive sealed bidding is neither practicable nor fiscally
advantageous.
Formal RFP’s (competitive Negotiations) are posted in the Purchasing
Department, and published in a newspaper of general circulation at
least ten (10) days prior to the closing date.
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4. Sole source, used when “upon determination in writing that there is only
one source practicably available for that which is to be procured, a
contract may be negotiated and awarded to that source without
competitive sealed bidding”.
5. Emergency Purchases used in an emergency situation in which the
immediate public health safety, or welfare is involved, or the purchase is
required to protect or preserve public properties without delay.
IV. VENDOR RELATIONS
1. Fundamental Purchasing Principles
The intent of the Virginia General Assembly and the purpose of the
Virginia Public Procurement Act (VPPA), Code of Virginia, 1950 as
amended, is set forth in § 2.2-4300©. This section states:
To the end:
That public bodies in the Commonwealth obtain high quality
goods and services at reasonable cost,
That all procurement procedures be conducted in a fair and
impartial manner with avoidance of any impropriety or appearance
of impropriety,
That all qualified vendors have access to public business, and
That no offeror be arbitrarily or capriciously excluded.
It is the intent of the General Assembly:
That competition be sought to the maximum feasible degree,
That procurement procedures involve openness and administrative
efficiency,
That individual public bodies enjoy broad flexibility in fashioning
details of such competition,
That the rules governing contract awards be made clear in advance
of the competition,
That specifications reflect the procurement needs of the purchasing
body rather than being drawn to favor a particular vendor, and
That the purchaser and vendor freely exchange information
concerning what is sought to be procured and what is offered.
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2. Ethics
The ethical responsibilities of RPS employees and agents of RPS having responsibility for a procurement transaction are set out in Article 6 of the Virginia Public Procurement Act, Ethics in Public Contracting, §2.2-4367 through §2.2-4377. It will be the responsibility of the Purchasing Agent to assure that all procurement practices and transactions are within the framework and guidelines set forth by the School Board Policies and Procedures, Purchasing Authority and Procedures.
3. Conflict of Interest
Each bidder or offeror shall certify, upon signing a contract, that to the best of his or her knowledge no RPS official or employee having official responsibility for the procurement transaction, or a member of the bidder or offeror’s immediate family, has received or will receive any financial benefit of more than nominal or minimal value relating to the award of a contract. If such a benefit has been received or will be received, this fact shall be disclosed with the bid or proposal. Failure to disclose the information prescribed above may result in suspension or debarment, or rescission of the contract made, or could affect payment pursuant to the terms of the contract.
4. Employment Discrimination Prohibited
Virginia Public Procurement Act §2.2-4311 prohibits employment discrimination by contractors hired by RPS and requires that every RPS contract over ten thousand dollars ($10,000) include language to this effect.
5. Office Hours
RPS business hours are from 7:30 A.M. to 4:00 P.M., Monday through Friday, excluding RPS holidays. A listing of RPS holidays is available on the RPS website at www.rvaschools.net Summer hours as approved by the Board and Administration are June-August from 7:00 A.M. to 5:00
P.M.
6. Unscheduled Closure
In the event RPS declares administrative or liberal leave on a day of a scheduled bid opening or receipt of proposals, the bid opening or receipt of proposals deadline will be extended to the next business day.
V. GENERAL REQUIREMENTS OF VENDORS
1. Vendor Relations
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No vendor, agent, or sales representative may enter the schools to
advertise or sell goods or services to employees or students unless
otherwise provided herein. Any person/persons found soliciting goods or
services to students and employees in the schools or on school property
during school hours shall be subject to legal action.
Vendors are not permitted to make appointments with individual school
board employees without the permission of the principal and/or the
superintendent or his/her designee. No vendor will be permitted to
arrange demonstrations of products or services, take orders for goods or
services to be used for a trial period, take orders to be billed to the school
or the school division without prior authorization from the Superintendent
or his/her designee.
This does not prevent authorized representatives of firms regularly
supplying goods and services to the school division from having access to
the schools in the course of their regular routine business duties.
2. Visits
Sales representatives are a valuable resource for obtaining specifications
and information on product advancements. RPS values their visits, and
staff is available to discuss their ideas and concerns. However, the
Division of Purchasing recommends that sales representatives call for an
appointment to ensure the RPS buyer familiar with their product category
is available. Appointments with RPS staff may be scheduled Monday
through Friday on official business days from 8:00 a.m. to 3:30 p.m.
(804) 780-6110
3. Vendor Assistance to Richmond Public Schools
Vendor sales efforts of a consultative or advisory nature are encouraged.
They assist in keeping current with the latest state of the art technology
and materials and are a valuable source of information. The furnishing of
products or service information by a vendor is considered to be normal
sales effort and does not entitle the vendor to preferential treatment in the
awarding of contracts.
A vendor may offer, without compensation, assistance to RPS personnel in
developing specifications for a requirement and compete on that
requirement. The purchasing office may provide the specifications to
competing vendors for comment before issuing the solicitation.
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VI. SOLICITATIONS
1. Selecting Vendors for Bidding Participation
The Purchasing Department will access Excluded Parties List Systems'
(EPLS) website to obtain certification to ensure that a vendor has not been
debarred by the Federal Government. The Division of Purchasing
maintains an indexed, computerized Bidders’ Mailing List (see CIMS
menu option PUR.301L), from which a group of vendors is selected to
participate in the bidding process. A vendor may be placed on the mailing
list by completing an application form (see Exhibit VI-1). Purchasing
reserves the right to remove a vendor from the Bidders List for factors
listed under "Removal from Bidders List." If removed, the vendor will be
notified in writing.
The Bidder’s Mailing List Application contains sufficient classification
breakdowns to ensure that bidders who complete the application will
receive bids. It is the vendor's responsibility to notify Purchasing of an
address change or any goods/services classification. The Division of
Purchasing encourages maximum participation from minority-owned
businesses by sending all appropriate bids to these vendors and to agencies
that are associated with promoting such firms.
Vendors should ensure that specific solicitation instructions are strictly
followed. Any questions or need for clarification should be forwarded to
the RPS Purchasing Office promptly. When a solicitation contains a
specification stating no substitutes, no deviation from the specification
will be permitted and the bidder will be required to furnish articles that
prove/substantiate their conformity with that specification.
2. Pre-Bid or –Proposal Conference
Pre-bid or pre-proposal conference provide an opportunity for bidders/
offerors to emphasize and clarify critical aspects of solicitations, eliminate
ambiguities or misunderstandings, and permit vendor input. Attendance at
conferences or site visits may be optional or mandatory. When mandatory
attendance is stipulated, only bids or proposals from those vendors
represented will be accepted. After the conference, an addendum shall be
issued if a modification to the solicitation is required as a result of the
conference. For mandatory conference/site visits, vendors are cautioned
that RPS is authorized to establish a cut-off time for late arrival, after
which no one will be permitted access to the conference.
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3. Receipt of Sealed Bids or Proposals
Solicitations will state when sealed bids or proposals are to be received.
Bid or proposal receipt deadlines and public openings scheduled during a
period of suspended business operations (e.g., snow day that closes
schools and all school operations) will be rescheduled for processing at the
appropriate times on the next regular business day. It is imperative that
the bid or offer be returned with the information listed on the template or
information provided. Bids or proposals may be hand delivered to the
designated location in the office issuing the solicitation. No other
correspondence or other bids or proposals should be placed in the
envelope.
Bidders/Offerors should be careful when electing to use private courier
services to deliver their bids. It is solely the responsibility of the
bidders/offerors to ensure that bids/proposals reach the designated address
including Room # by the specified date and time as shown on the bid.
Bids/proposals received after the date and hour designated are
automatically disqualified and will not be considered. The official time
used in the receipt of responses is that time on the automatic time stamp
machine located in the Department of Purchasing.
4. Mistakes in Bids
a. Mistakes Discovered Before Opening
A bidder may correct mistakes discovered before the time and date
set for receipt of bids by withdrawing and replacing or by
correcting the bid.
b. Mistakes Discovered After Opening but Before Award
i. Informality. An informality is a minor defect or
variation of a bid or proposal from the exact
requirements of the invitation for bids, or the
request for proposals, which does not affect the
price, quality, quantity or delivery schedule for the
goods, services or construction being purchased.
RPS may, in its sole discretion, waive such
informalities or permit the vendor to correct them,
whichever procedure is in the best interest of the
school division. Examples include the failure of a
vendor to:
1) Return the number of signed bids or
proposals required by the solicitation.
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2) Sign the face of the bid or proposal in the
space provided.
3) Acknowledge receipt of an addendum to the
solicitation
ii. Judgment Errors. RPS may allow a vendor to
withdraw a bid prior to award upon written request.
Approval to withdraw a bid shall not be
unreasonably withheld. However, if approval is
given, RPS shall make no award to the vendor
which withdrew its bid for a period of sixty
calendar days. The vendor may not submit a
replacement bid. The above statement does not
apply to construction bids.
iii. Non-Judgmental Error. If the mistake and the
intended correct bid are clearly evident on the face
of the bid document, the bid shall be corrected to
the intended correct bid and may not be withdrawn.
Examples of mistakes that may be clearly evident
on the face of the bid document are typographical
errors, errors in extending unit prices, transposition
errors, and arithmetical errors.
5. Withdrawal of Bids
A Bidder for a contract may request withdrawal of his or her bid under the
following circumstances: a. A bidder may withdraw his bid from consideration if the
price bid was substantially lower than the other bids duesolely to a mistake in the bid, provided the bid wassubmitted in good faith, and the mistake was a clericalmistake as opposed to judgment mistake, and was actuallydue to an unintentional arithmetic error or an unintentionalomission of a quantity of work, labor or material madedirectly in the compilation of a bid, which unintentionalarithmetic error or unintentional omission can be clearlyshown by objective evidence drawn from inspection oforiginal work papers, documents and materials used in thepreparation of the bid sought to be withdrawn.
b. If a bid contains both clerical and judgment mistakes, abidder may withdraw his bid from consideration if the bidprice would have been substantially lower than the otherbids due solely to the clerical mistake, that was anunintentional arithmetic error or an unintentional omissionof a quantity of work, labor or material made directly inthe compilation of a bid that shall be clearly shown byobjective evidence drawn from inspection of original workpapers, documents and materials used in the preparation ofthe bid sought to be withdrawn.
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c. Requests for withdrawal of bids prior to opening of suchbids shall be transmitted to the RPS Purchasing Agent inwriting.
d. Requests for withdrawal of bids after opening of such bidsbut prior to award shall be transmitted to the RPSPurchasing Agent, in writing, accompanied by fulldocumentation supporting the request. The bidder shallgive notice in writing of his claim of right to withdraw hisbid within two (2) business days after the conclusion of thebid opening procedure and shall submit original workpapers with such notice. If bid bonds were tendered withthe bid, RPS reserves its right to exercise collection.
e. No bid may be withdrawn under this section when theresult would be the awarding of the contract on anotherbid of the same bidder or of another bidder in whichthe ownership of the withdrawing bidder is more thanfive percent. If a bid is withdrawn under the authorityof this paragraph, the lowest remaining bid shall bedeemed to be the low bid. No bidder who is permittedto withdraw a bid shall, for compensation, supply anymaterial or labor to or perform any subcontract or otherwork agreement for the person or firm to whom thecontract is awarded or otherwise benefit, directly orindirectly, from the performance of the project forwhich the withdrawn bid was submitted.
The above statement does not pertain to construction bids and withdrawal of construction bids are addressed in Section III of the Purchasing Manual.
6. Late Bids or Proposals
To be considered, all bids or proposals must be received at the specific office location stipulated by the Purchasing Department on or before the due date and hour designated on the solicitation. Vendors are responsible for the delivery of the bid or proposal and if using U.S. Mail or a delivery service should ensure that the bid or proposal is addressed properly. RPS is not responsible if the bid or proposal does not reach the specific destination by the appointed time. Bids or proposals received after the date and hour designated are automatically disqualified and will not be considered. The official time used in the receipt of responses is the time on the clock or automatic time stamp machine in the procuring office.
7. Bonds
A bid bond may be required in a solicitation and must accompany the bid. When required, a bid bond shall not exceed 5% of the amount
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bid [Virginia Public Procurement Act (Code of Virginia, § 2.2-4336)]. Performance bonds and payment bonds, if requested, must be in an amount at least equal to 100% of the accepted bid or proposal [Virginia Public Procurement Act (Code of Virginia § 2.2-4337)] and must be filed by the vendor within ten (10) days after receipt of the purchase order or notice of award, unless a written determination is made that it is in the best interest of RPS to grant an extension. A certified check or cash escrow may be accepted in lieu of a payment, or performance bond. If approved by RPS, a bidder may furnish a personal bond, property bond, or bank or savings and loan association’s letter of credit on certain designated funds in the face amount required for the bid, payment or performance bond. Approval shall be granted only upon a determination that the alternative form of security offered affords protection to the School Division equivalent to a corporate surety bond.
If a performance bond requirement is not stated in the solicitation and RPS later determines that a bond should be provided prior to the award of a contract, the contractor to whom the award will be made shall provide a performance bond, and RPS will pay the cost of the bond.
8. Insurance
Whenever work is to be performed at RPS facilities, the contractor is
required to have insurance required by law and the School Division’s
regulations to perform the type of work required. This includes Workers’
Compensation, Employer’s Liability, Commercial General Liability and
Automobile Liability, and in certain types of programs professional
Liability/Errors and Omissions insurance coverage. In addition, for
construction contracts, if any subcontractors are involved, subcontractors
will also be required to have Workers’ Compensation Insurance in
accordance with Sections 2.2-4332 of the Virginia Public Procurement
Act and 65.2-800 et seq. of the Code of Virginia. Stipulated insurance
must be obtained prior to contract award and be maintained during the
entire term of the contract. RPS Purchasing Division may require the
contractor to provide the certificate of insurance prior to the provision of
any goods and services or the commencement of any work.
9. Brand Names or Approved Equivalent
Unless otherwise provided in the solicitation, the name of a certain brand,
make or manufacturer does not restrict bidders to the specific brand, make
or manufacturer named; it conveys the general style, type, character, and
quality of the article desired, and any article which RPS in its sole
discretion determines to be the equivalent of that specified, considering
quality, workmanship, economy of operation, and suitability for the
purpose intended, will be accepted.
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10. Specifications, Questions, and Comments
It is the intent of RPS to use specifications that encourage competition.
Vendors are requested to inform the Division of Purchasing whenever they
have comments or questions concerning specifications or solicitation
requirements. Suggestions concerning new products or improvements to
specifications are encouraged and will be considered. This information
should be provided to the Division of Purchasing as early as possible but
at least five (5) working days prior to bid or proposal due date to provide
time to amend or cancel the solicitation before the scheduled receipt date.
11. Contractor Registration (License)
State statutes and regulatory agencies require that some contractors be
properly registered and licensed, or hold a permit prior to performing
specific types of services. It is the vendor’s responsibility to comply with
the rules and regulations issued by State regulatory agencies. An
unlicensed vendor submitting a bid or proposal where such license is
required is non-responsive and is in violation of state law. Prior to
contract awards, the purchasing officer will access the State Corporation
Commission (SCC) website to verify vendor registration.
12. Bidder’s List
To be placed on the bidders’ list, vendors may visit our website at
http://www.rvaschools.net/Page/1345 and print the necessary forms or
contact the Division of Purchasing at (804) 780-6110 to request that forms
be mailed to them. Documents must be completed and sent to the
Division of Purchasing.
It is the responsibility of each vendor to keep its business profile current
by notifying the Division of Purchasing when changes occur regarding the
products or services offered, address and other contact information,
ownership, or status as a bidder. Registration on the bidder’s list will
generate notification to the vendor when an RPS Request for Quotation
(RFQ), Invitation For Bid (IFB), or Request For Proposal (RFP) is being
solicited. RPS also posts IFBs and RFPs on the Purchasing Department
Bid Board located just outside the department entrance in the RPS
Division of Purchasing, 2395 Hermitage Road, Vatex Building,
Richmond, VA 23220 and Purchasing Website under Current Bids/RFPs. It is the vendor’s responsibility to check these notices posted by
the Purchasing Division.
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13. Posting Bid Notices
The Division of Purchasing seeks maximum feasible competition. In achieving this goal, RPS publicizes IFBs as follows:
• Post on the Bid Board as specified above
• Post on Division of Purchasing Website
http://www.rvaschools.net/Page/1159• Advertise if for formal bids, Request for Proposals and
Request for Qualifications are printed in the Legal Notices/
Section in the Richmond Times Dispatch and other local
newspapers
• Post on eVA, as needed
In addition to direct mail solicitation, all formal bids are posted in the
department's public reception and bid deposit area on the bulletin board
designated for public notices. If the value of the anticipated procurement
exceeds $50,000, notice is also published in a local newspaper of general
circulation. This serves as public notice to all those who are not presently
on the mailing list. If such a firm requests a copy of the Invitation for
Bids, it will be given to the firm provided no factors exist (such as those
listed previously under "Removal from Bidders List") that otherwise
would not entitle the firm to receive an Invitation for Bids. Newspaper
advertising is also used in vendor solicitation, especially with regard to
construction contracts, and requests for proposals, or any other solicitation
expected to exceed $50,000 in value. At the discretion of the Purchasing
Agent, however, newspaper advertising may be used for purchases under
$50,000.00.
14. Removal from Bidders List
A vendor may be removed (debarred) from the Bidders List for any of the
following reasons: Debarment does not relieve the vendor of
responsibility for existing obligations.
1. Failure to respond to three consecutive bids.
2. Default or poor performance on any contractual obligation.
Examples would include, but are not limited to, over-
shipments, under-shipments, early shipments, late
shipments, damaged or defective goods, failure to meet
specification requirements, unauthorized substitutions,
billing errors, and service deficiencies.
3. Offering any gift of more than nominal value, gratuity,
favor, or advantage -- present or future -- to any employee
of Richmond Public Schools who exercises any
procurement responsibility. It is not necessary that the
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offer be accepted by the employee or that the offer be made
with intent to influence the employee in an official act.
Extending to any Richmond Public Schools employee
exercising procurement responsibility any discount or
privilege not available to all Richmond Public Schools
employees is considered to be offering an advantage.
(Section 2.2-4371 of the Virginia Public Procurement Act)
4. Failing to disclose a condition constituting a conflict of
interest by an officer, director, owner, or partner of the
vendor in a contract or purchase order awarded by
Richmond Public Schools. It is not necessary that there be
a judicial determination that a violation of the Virginia
Conflicts of Interest Act has occurred.
5. Conviction of any criminal offense involving public
contracting. Examples would include, but are not limited
to, bribery (Code of Virginia § 18.2-447) and sale of
materials for governmental buildings by the architect or
engineer in charge, and knowingly making a false
statement in regard to collusion on an Invitation for Bid
(Code of Virginia § 18.2-498.4). Conviction for any of the
above by any officer, director, owner, partner, or agent of a
vendor shall constitute grounds for removal of the vendor.
6. Court judgment finding a violation of either federal or state
anti-trust laws.
7. Violation of any provision of this manual.
8. Request or consent of the vendor.
9. Statement of Debarment from vendor.
15. Vendor Performance Files
The Purchasing Officer maintains and reviews a document to determine if
a vendor's overall history of compliance with terms, conditions, and
specifications of contract awards has been satisfactory. A record of
unsatisfactory performance will be cause for removal from the mailing list
as described in item VI-12.2 of "Removal from Bidders List."
16. Procurement Complaint Form
Vendors may issue a procurement complaint form to the Department of
Purchasing when there are issues related to a purchase order or contract.
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The vendor must complete, sign and return the Procurement Complaint
Form by email to [email protected] or fax to 804/780-6151.
The Purchasing Department will resolve the issue by responding in
writing, within ten (10) days. (See Exhibit I-Procurement Complaint
Form) The Procurement Complaint Form is the official method to notify
a vendor of non-compliant issues. Failure by the vendor to respond in ten
(10) calendar days may result in removal from the vendors list.
This form may be used by the vendor/enduser.
17. Notice of Cure
The notice of cure is the next official method of giving the vendor a
stated date to solve the non-compliance issue(s) and place the vendor
on notice that they are in breach of contract and will be placed in
default with re-procurement costs. A cure letter can be sent in
conjunction with the Procurement Complaint Form or separately. The
Notice of Cure can be given orally or in writing. If given orally,
written notification will follow.
18. Termination for Default
This is the next official step in the procedure for non-compliance
when the vendor does not respond with an acceptable cure. The
Purchasing Department will send a "Termination for Default" letter to
the vendor. This letter can include re-procurement costs if those
costs are known.
19. Re-procurement Costs/Repayment
When re-procurement costs are known, the Purchasing Department
will submit an official letter stating the costs, date to when those costs
must be paid and whom the check must be made out to.
• If payment is not received by due date, the purchasing department
will take the appropriate action.
20. Debarment and Reinstatement
After the purchasing department recommends debarment and gathers all correspondence, a request to debar is sent to the Director of Purchasing and Property Management. A vendor can be reinstated after their period of
debarment is over with payment made and a letter to the Director of
Purchasing and Property Management requesting reinstatement.
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• The Purchasing Department will immediately notify the
Department of Finance to place the vendor on hold in CIMS until
issue is resolved.
• The Purchasing Officer cannot accept any new bids from this vendor.
Results of Default
• Contractor could be liable for re-solicitation costs.
• Vendor could lose performance or payment bond.
• Contractor could be put on debarred list.
Prohibited Listing – This list includes vendors who have not paid their Sales
Tax. It is the vendor's responsibility to notify the Department of Purchasing
when this debt has been paid. RPS Schools/Departments are prohibited from
doing business with vendors on this list except in an emergency.
The Debarment & Prohibited Listing can be found on www.epls.gov
VII. SOLICITATION RESPONSES
1. Vendor Name and Address
Purchase orders or contracts will be issued only to the firm's nameappearing on the bid or proposal form which shall be as declared on thevendor's W-9 federal tax identification form. If orders or payments are tobe mailed to an address or addresses other than that shown on the face ofthe form, the bidder or offeror must so indicate and list the post office box,or street name and number, city, state, and zip code for the addressee.
2. Signature on Bid or ProposalAll bids and proposals, and addenda returned by bidder or offeror must besigned in ink. The person signing the bid or proposal must be a personauthorized by the bidder or offeror to sign bids or proposals. Typewrittensignatures are not acceptable. The person signing must include his or hertitle, and if requested, must verify his or her authority to bind his or hercompany in contract. Failure to sign the face of the bid/proposal in thespace provided will result in rejection of the bid/proposal except if theunsigned bid/proposal is accompanied by other signed documentsindicating the bidder's/offeror's intent to be bound.
3. Pricing and DiscountsSolicitations normally request net price FOB Destination. The net price isthe list price less trade or volume discounts offered. Unit prices, extensions,and/or gross total must be shown as requested in the pricing schedule.Prompt payment discounts offered must be clearly shown in the space
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provided and may be taken if payment is made within the specified time frame, e.g. 2% 20 days. Such discounts normally may not be a factor in award unless specified in the solicitation. Correct pricing is extremely important and price should be double-checked before submitting a bid or proposal. In the case of errors in the extension prices, the unit price shall govern.
4. Alternate BidsAn alternate bid may be submitted in knowing variance from thespecifications and must be clearly distinguished as an alternate by thebidder. Frequently, alternate bids incorporate the latest technology andcan result in substantial savings, not only in monetary terms but also insystem-wide operational efficiencies.
5. Taxes
Sales and Use Tax - Virginia's Sales and Use tax does not apply to sales of
tangible personal property to RPS, for their use or consumption, if the
purchases are pursuant to required official purchase orders to be paid for
out of public funds. The tax applies when such sales are made without the
required purchase orders and are not paid for out of public funds. No
exemption is provided for state or local government employee purchases
of meals or lodging whether purchases are pursuant to required official
purchase orders or not.
6. Time of Performance
A specific date or number of calendar days required for delivery or
performance after receipt of order may be stated in the terms and
conditions of a solicitation. Otherwise, the date or number of days must be
entered by the bidder/offeror in the space provided on the solicitation.
VIII. EVALUATION AND AWARD
For small purchases, award shall generally be made to the responsible and
responsive business offering the lowest acceptable quotation. Small purchases
can be awarded to other than the lowest responsive and responsible bidder when
best value criteria (definition below) is justified and approved by the Manager of
Procurement and Control. For competitive sealed bidding or negotiations, best
value concepts may be considered when procuring goods and nonprofessional
services, but not construction or professional services, except as allowed by the
VPPA.
When the terms and conditions of multiple awards are so provided, awards may
be made to more than one bidder/offeror. In procurement for professional
services, award shall be made to the offeror who submits the more meritorious
proposal with a price that is considered fair and reasonable.
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Best Value - is defined as the overall combination of quality, price and various
elements of required services that in total are optimal relative to RPS' s needs.
The best value criteria, factors, basis for consideration, and process for
consideration shall be stated in the solicitation.
1. Contract Award Invitation For Bid:
Will be awarded to the lowest responsive and responsible bidder. Aresponsive bidder is defined as one who has submitted a bid whichconforms in all material respects to the Invitation For Bid. Aresponsible bidder is defined as one who has the capability, in allrespects, to perform fully the contract requirements, and the moral andbusiness integrity and reliability which will ensure good-faithperformance. (The Purchasing Officer reserves the right to award bidson the overall low total or the split low total, whichever is deemed tobe in the best interest of RPS) .
Request For Proposal (Competitive Negotiation)Professional Services and Non-Professional Services contracts will beawarded to the Offeror that is fully qualified and has made the bestproposal. Offerors will be selected for negotiations based on theevaluation criteria specified in the Request for Proposal. A "Notice ofIntent to Award" will be issued to the successful offeror no less than10 days prior to contract award.
2. Notification of Successful VendorSuccessful vendors are notified by receipt of a signed purchaseorder or by any other properly authorized contractual agreementindicating award.
IX. PERFORMANCE
1. Delivery
Delivery must be made by the date or period specified in the purchase
order or contract. If a contractor cannot make delivery as specified under
an existing purchase order or contract, the contractor must immediately
notify the ordering location. The contractor may offer a new delivery date;
however, if it is not acceptable to the location and delivery cannot be
made as originally specified, the contractor may be considered in default.
2. Packing Slips/Delivery Tickets
Vendor shall include a packing slip/delivery ticket with each delivery to
RPS. The packing slip/delivery ticket shall contain, at a minimum, the
following information for each item delivered:
a. Purchase Order number
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b. Name of the item and stock number (Supplier’s)
c. Quantity ordered
d. Quantity shipped
e. Quantity back ordered
f. Name of the vendor.
Vendors are cautioned that failure to comply with these conditions shall be
considered sufficient reason for refusal to accept the goods.
3. Loss or Damage in Transit
Delivery by a contractor to a common carrier does not constitute delivery
to RPS. Any claim for loss or damage incurred during delivery shall be
between the contractor and the carrier. RPS accepts title only when goods
are received regardless of the F.O.B. point. The receiving
school/department will note all apparent damages in transit on the freight
bill and notify the contractor. Discovery of concealed damage or loss will
be reported by the receiving school/department to the carrier and the
contractor within seven days of receipt and prior to removal from the point
of delivery if possible. The contractor shall make immediate replacement
of the damaged or lost merchandise or be in default of the contract. It
shall be the contractor’s responsibility to file a claim against the carrier. If
damage is to a small quantity, with the approval of the agency, the
contractor may deduct the amount of damage or loss from the invoice to
RPS, in lieu of replacement.
4. Cancellation of Purchase Orders and Contracts
Cancellation of purchase orders will be made in writing by the RPS
purchasing office. Orders or contracts may be canceled without a
vendor’s consent as provided in Termination for Default and Termination
for the Convenience of RPS. A vendor may request cancellation, and RPS
will grant relief if the vendor is prevented from specific performance,
including timely delivery, by an act of war, order of legal authority, act of
God, or other unavoidable causes not attributed to the vendor’s fault or
negligence. Failure of a vendor’s source to deliver is generally not
considered to be an unavoidable cause. The burden of proof for need of
such relief rests with the vendor.
RPS reserved the right to cancel all contracts with any vendor who fails to
perform for any contract.
5. Purchase Order Changes
A Purchase order change is used to correct errors, to add or delete
quantities, or to make adjustments to the original order. It may also be
used to cancel an order. A vendor who deviates from the requirements of
a purchase order or contract prior to receipt of an authorized change order,
does so at his own risk.
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6. Termination for DefaultIn case of default by a contractor for failure to deliver or perform inaccordance with the contract specifications or terms and conditions, RPSmay procure the articles or services from other sources and hold thedefaulting contractor responsible for any resulting additional purchaseand administrative costs.
RPS will normally repurchase from the next low bidder or purchase
competitively by re-solicitation. If the repurchase results in increased costs
to RPS, a letter will be sent to the defaulted contractor requiring payment
for additional costs. When repayment is requested, the contractor will be
suspended/debarred until repayment has occurred.
7. Termination for Convenience of Richmond Public Schools
A purchase order or contract may be terminated for the convenience of
RPS by delivering to the contractor a notice of termination specifying the
extent to which performance under the purchase order or contract is
terminated, and the date of termination. After receipt of a notice of
termination, the contractor must stop all work or deliveries under the
purchase order or contract on the date and to the extent specified. If the
purchase order or contract is for commercial items sold in substantial
quantities to the general public and no specific identifiable inventories
were maintained exclusively for RPS use, no claims will be accepted by
RPS. Payment will be made for items shipped or services provided prior
to receipt of the termination notice, unless otherwise specified in the
contract.
If the purchase order or contract is for items being produced exclusively
for the use of RPS, and raw materials or services must be secured by the
contractor from other sources, the contractor shall order no additional
materials or services except as may be necessary for completion of any
portion of the work which was not terminated. RPS may direct the
delivery of the fabricated or non-fabricated parts, work in process,
completed work, supplies, and other material produced as a part of, or
acquired in connection with the performance of the work, or direct the
contractor to sell the same, subject to RPS approval as to price.
The contractor may, with the approval of RPS retain the same, and apply a
credit to the claim. The contractor must complete performance on any part
of the purchase order or contract not terminated.
The contractor must submit any termination claim within 120 days after
receipt of the notice of termination, or such longer period as RPS for good
cause may allow. This claim will be in a form and with certifications
prescribed by the RPS Purchasing Office. Termination for convenience
claims will be considered for only actual expenses incurred up to the time
of termination.
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X. PAYMENTS, DISPUTES, CLAIMS, APPEALS AND PROTEST
1. Payment
Payment will be made by RPS after satisfactory performance of the
contract, in accordance with all of the provisions thereof, and upon receipt
of a property completed invoice. RPS reserves the right to withhold any
or all payments or portions thereof for vendor’s failure to perform in
accordance with the provisions of the contract or any modifications
thereto.
Richmond Public Schools will take prompt payment discounts when
offered by the vendor. The prompt payment discount will show on the
printed purchase order.
RPS does not issue pre-payment for any purchase.
2. Disputes/Claims
Contractual claims, whether for money or other relief, shall be submitted in writing no later than thirty (30) days after final payment; however, written notice of the contractor's intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing in this section shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of amounts agreed due in the final payment. Written claims and unresolved disputes must be submitted to the Director of Purchasing and Property Management.
A contractor may not institute legal action prior to receipt of the Director of
Purchasing and Property Management decision on the claim unless that
office fails to render such decision within thirty (30) days. The decision of
the Director of Purchasing and Property Management shall be final and
conclusive unless the contractor, within six months of the date of the final
decision on the claim, institutes legal action as provided in the Virginia
Public Procurement Act, § 2.2-4364.
3. Appeal
A decision denying withdrawal of bid shall be final and conclusive unless
the bidder appeals the decision within 10 days after receipt of the decision
by invoking administrative procedures meeting the standards of the
Virginia Public Procurement Act, Section 2.2-4365, if available, or in the
alternative by instituting legal action as provided in the Virginia Public
Procurement Act, Section 2.2-4364 and any procedures established by
RPS.
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If no bid bond was posted and a bidder is refused withdrawal of a bid prior
to appealing, he shall deliver to the institution a certified check or cash
bond in the amount of the difference between the bid sought to be
withdrawn and the next low bid. Such security shall be released only upon
a final determination that the bidder was entitled to withdraw the bid.
If, upon appeal, it is determined that the decision refusing withdrawal of
the bid was not an honest exercise of discretion, but rather was arbitrary or
capricious or not in accordance with the Constitution of Virginia,
applicable state law or regulation, or the terms or conditions of the
Invitation for Bid, the sole relief shall be withdrawal of the bid.
4. Protest
Any bidder or offeror who desires to protest the award or decision to award
a contract shall submit such protest in writing to the Director of Purchasing and Property Management, no later than 10 days after public notice of the award or the announcement of the decision to award, whichever occurs first. Public notice of the award or announcement of the decision to award shall be given by the public body in the manner prescribed in the terms or conditions of the Invitation to Bid or Request for Proposal. Any potential bidder or offeror on a contract negotiated on a sole source or emergency basis who desires to protest the award or decision to award such contract shall submit such protest in the same manner no later than 10 days after posting or publication of the notice of such contract as provided in the Virginia Public Procurement Act, Section 2.2-4303. However, if the protest of any actual or potential bidder or offeror depends in whole or in part upon information contained in public records pertaining to the procurement transaction which are subject to inspection under the Virginia Public Procurement Act, Section 2.2-4342, then the time within which the protest must be submitted shall expire 10 days after those records are available for inspection by such bidder or offeror under the Virginia Public
Procurement Act, Section 2.2-4342, or at such later time as provided in
this section. No protest shall lie for a claim that the selected bidder or
offeror is not a responsible bidder or offeror.
The written protest shall include the basis for the protest and the relief
sought. The Director of Purchasing and Property Management shall issue a
decision in writing within 10 days stating the reasons for the action taken.
This decision shall be final unless the bidder or offeror appeals within 10
days of receipt of the written decision by invoking administrative
procedures meeting the standards of the Virginia Public Procurement Act
Code of Virginia, Section 2.2-4365, if available, or in the alternative by
instituting legal action as provided in the Virginia Public Procurement Act,
Section 2.2-4364.
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XI. CHARGES AND COLLECTION
1. Billing and Invoices
Invoices must be submitted to RPS to the address cited on the purchase
order/contract. Prompt payment discounts may be taken if offered and
payment is made within the prescribed time-frame. Invoices shall
reference the purchase order or contract number and be in accordance with
PO/contract payment terms. Partial Payments may be paid when portions
of the goods or services have been received and accepted and have been
properly invoiced by the vendor, and partial payment is authorized by the
governing contract.
XII. ETHICS
Due to the extraordinary trust and responsibility exercised by public officials
conducting procurement transactions and because of the legitimate expectations
by the public that this trust and responsibility be exercised properly, laws of the
Commonwealth dictate a higher standard of conduct for procurement officials
than for public employees generally. Procurement officials and contractors must
be cognizant of these laws which include the Virginia Public Procurement Act,
the State and Local Government Conflict of Interests Act, and the Virginia
Governmental Frauds Act. No public employee having official responsibility for
procurement transactions:
(1) shall solicit, demand, accept, or agree to accept from a bidder,
offeror, contractor or subcontractor any payment, loan,
subscription, advance, deposit of money, services or anything of
more than nominal or minimal value present or promised, unless
consideration of substantially equal or greater value is exchanged
(Virginia Public Procurement Act, Section 2.2-4371); or
(2) shall accept employment from any bidder, offeror or vendor with
whom the employee dealt in an official capacity concerning
procurement transactions for a period of one year from the
cessation of employment by the State unless the employee or
former employee provides written notification to the president of
the institution prior to commencement of employment by that
bidder, offeror or vendor (Virginia Public Procurement Act,
Section 2.2-4370).
XIII. TERMS AND CONDITIONS
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Specified on Purchase Order Form and on Contracts/Agreements in accordance
with the Virginia Public Procurement Act.
XIV. EQUAL OPPORTUNITY AND MINORITY BUSINESS
PARTICIPATION
It is RPS’s policy to encourage the participation of women and minorities in the
School Board’s procurement activities. Toward that end, the School Board
encourages firms owned by women and minorities to compete and encourages
non-minority firms to provide for the participation of small businesses and
businesses owned by women and minorities through partnerships, joint ventures,
subcontracts, and other contractual opportunities.
Exhibit I
PROCUREMENT AND PROPERTY MANAGEMENT
Division of Purchasing
PROCUREMENT COMPLAINT FORM
INSTRUCTIONS FOR COMPLETING THE PROCUREMENT COMPLAINT FORM:
Form Preparation Instructions
Heading: VendorIEnduser information and distribution instructions.
1. Insert the full name and address of the vendor/enduser.
2. Name the person that is to be contacted.
3. Any responsible person's signature is acceptable (Authorized Vendor/Enduser Signature).
4. Insert phone number of contact person.
Closure: Buyer/Contract Administrator and Order Entry Information
1. Insert the full name and address of the enduser/vendor against which this report is filed.
2. Insert the enduser/buyer/vendor you last contacted, including the phone number and extension.
3. Insert buyer/contract administrator/vendor representative signature.
4. Insert date this form was initiated.
5. Insert the bid number if not an enduser order.
6. Insert the purchase order number
7. Insert the purchase order date.
8. Insert the contract number if using RPS Contract List or Cooperative Contract w/City or State Agency.
9. Insert generic commodity name of the item. Example: chair, etc.
10. Insert location number.
Nature of Complaint: Insert (X) for principle reason (s) for complaint. Attach additional information and
documentation.
NOTE:
1. Additional documentation can be attached to e-mail or faxed.
2. Transmit Copy by e-mail, fax or postal delivery.
3. Send via Email to: [email protected], fax (804) 780-6151 or mail to 2395 Hermitage Road, Vatex
Building, Richmond, V A 23220.
4. Enduser/Vendor must print or save a copy for their files.
5. This form may be used by both Enduser and Vendor for complaint issues concerning contracts.
INVOICE/PAYMENT
DELIVERY
SPECIFICATIONS/AGREEMENTS
OTHER
NON-PAYMENT DELIVERY REFUSED SPECS DELAYED AGENCY DELAYS
LATE PAYMENT SHIPPED TO WRONG
LOCATION MODIFICATION (NO CHANGE ORDER)
UNAUTHORIZED CANCELLATION
INCORRECT
PAYMENT PARTIAL DELIVERY BID SAMPLE PROBLEMS UNAUTHORIZEDPURCHASE
FROM NON-CONTRACT VENDOR
REFUSED LATE
CHARGES
TIME OF DELIVERY INAPPROPRIATE
POOR CUSTOMER SERVICE
INVOICE
PRICE INCORRECT IMPROPER METHOD OF DELIVERY DELIVERY
UNAUTHORIZED
SUBSTITUTION SHORT/OVER
WEIGHT OR COUNT
INCORRECT
QUANTITY DAMAGED SHIPMENT DAMAGED PRODUCT UNSATISFACTORY
INSTALLATION
ITEMS DID NOT SHIP
LATE/NO DELIVERY
LACKS INSPECTION REPORT
FAILURE TO IDENTIFY SHIPMENT PER CONTRACT
TERMS
OTHER OR FURTHER EXPLANATION:
Exhibit I
PROCUREMENT AND PROPERTY MANAGEMENT Division of Purchasing
PROCUREMENT COMPLAINT FORM
TO: Name of Vendor I Enduser &. Location Code:
Address:
City: State:: Zip Code::
File Date: Status: File No: Action/Date:
Contact Name: Title::
Signature:
Phone No:
Note: VENDOR/ENDUSER MUST SUBMIT THEIR WRITTEN REPLY BELOW WITHIN TEN (10) DAYS OF RECEIPT
OF THIS REPORT. INDICATE YOUR COUNTERMEASURE/CORRECTIVE ACTION BELOW AND MAIL A COPY
TO THE ORIGINATING ENDUSER AND A COPY TO THE DIVISION OF PURCHASING, 2395 Hermitage Road, Vatex
Building, RICHMOND, VA 23220. ATTACH ADDITIONAL SHEETS FOR YOUR RESPONSE IF REQUIRED.
FROM.: Enduser/Vendor Name:
Address:
City: State: Zip Code:
Enduser/Vendor Contact :
Phone No:
Enduser/Vendor Signature:
Date: Location Code/ Vendor: Contract No: P.O. No: P.O. Date: Description:
NATURE OF COMPLAINT
DID NOT MEET SPEC.
FOR
OFF
ICE
USE
ON
LY
PROCUREMENT AND PROPERTY MANAGEMENT
Division of Purchasing
PROCUREMENT COMPLAINT FORM
COUNTER MEASURES: (Enduser/Vendor: Be accurate, complete and factual. Indicate manner in which you suggest complaint be settled.)
File No.:
Action/Date:
Resolved__________________________________________
Removed from Bidder List___________________________
Debarment_______________________________________
Purchasing Officer
FO
R O
FFIC
E U
SE O
NLY