Request for Proposal (RFP) and Competitive Contracting
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50th Annual Rutgers Public Purchasing Educational Form Request for Proposal (RFP) and Competitive Contracting May 2019 Mr. James Shoop School Business Administrator (Ret.) [email protected] Request for Proposal (RFP) Competitive Contracting Training Guidance James Shoop SHOOP SBA, LLC 2 | P a g e INTRODUCTION Request for Proposal RFP Competitive Contracting 3 | P a g e Request for Proposal—RFP 1. What is an RFP? The request for proposal (RFP) is a legally recognized procurement method that permits contracting agencies to award a contract to a vendor or respondent based upon the proposal that is most advantageous to the contracting agency, price and other factors considered, and not solely based upon the lowest price. 2. Services procured through an RFP (Simple RFP compared to Competitive Contracting RFP) The RFP method is the most preferred method for awarding contracts for the following services: Professional Services Academic/Operational Services (Contracts less than $40,000) Auditing; Accounting Instructional Services Legal Educational Services Engineering, Architectural Professional Development Services Medical Special Education Related Services (as so designated by the board attorney) 3. What is the basis for an award of contract procured through the RFP process? Award of Contract—RFP Evaluative Criteria The RFP method is designed to award the contract to the vendor or respondent based upon a model evaluation criteria (TMC) which may be found in N.J.A.C. 5:34-4.2 and also as recommended by the NJ State Comptroller’s Office with the publication: Best Practices in Awarding Service Contracts (2010) Technical Criteria Submission of narrative how firm will provide services; planned approach; measurable results Understanding how services will be provided Management Criteria Business organization; staffing Experience; and Knowledge of district Cost Criteria Fee proposal submission; cost analysis The award for an RFP contract does not; I repeat does not have to be given to the respondent who submits the lowest price. The evaluative process is designed to award the contract to the respondent whose response is most advantageous, price and other factors considered and who will provide the highest quality service at a fair and competitive price. 4 | P a g e Final Note: Advertising an RFP—Not Required! There is no legal requirement to advertise a request for proposal that is not part of the Competitive Contracting process. Districts are encouraged to “publicize” each RFP by putting it the district’s website in PDF format. RFP’s shall be publicized when the district uses Federal Funds. When using the RFP process as part of the Competitive Contracting procurement process the district has to advertise pursuant to N.J.S.A. 18A:18A-4.5 (a). Competitive Contracting Procurement Method (Certain Contracts over $40,000) 1. What is the Competitive Contracting procurement method? The competitive contracting method of procurement is a legally recognized process that permits the contracting agency to procure specialized goods and services, the price which exceeds the bid threshold. Competitive contracting may only be used in lieu of bidding for the specialized goods and services enumerated in N.J.S.A. 18A:18A-4.1 (a-k) and those noted in Local Finance Notice 2010-3. 2. Goods and services procured through the Competitive Contracting process Some of the examples of goods and services that are permitted are: Proprietary Computer Software for Board Use Student Information Systems Business Office; Human Resources Student Transportation Professional Development Services Educational Consultant Services Instructional Improvement Services Goods and services that are exceptions to bidding—N.J.S.A. 18A:18A-5 Other goods and services as approved by the New Jersey Division of Local Government Services 3. What is the basis for an award of contract procured through the Competitive Contracting process? (RFP Required!) The contracting agency is mandated pursuant to N.J.S.A. 18A:18A-4.4, to use the RFP process when procuring goods and services through competitive contracting. The award of contract is similar to the RFP award—an evaluative criteria which includes, price and other factors considered. Reference Citations 2CFR 200.320 (d)—Uniform Grant Guidance N.J.S.A. 18A:18A-4.4—RFP shall be used with Competitive Contracting N.J.A.C. 6A:23A-5.2 (a) (5)—Procurement of professional services contracts N.J.A.C. 6A:23A9.3 (c) (11)—Procurement of professional services contracts N.J.A.C. 5:34-4.2—Model evaluation of RFP proposals NJ State Comptroller Publication-- Best Practices in Awarding Service Contracts 5 | P a g e REQUEST FOR PROPOSAL Purpose and Use 6 | P a g e Request for Proposal Purpose and Use Request for Proposal (RFP)—Purpose of RFP The Request for Proposal (RFP) procurement method is used to procure contracts for services based upon an evaluative criteria selection process. The district uses the evaluative selection process that is recommended by the State Comptroller of New Jersey and pursuant to N.J.A.C. 5:34-4.2. This evaluative technical, management and cost criteria selection process permits the board of education to award a contract for services to the respondent whose response is most advantageous, price and other factors considered and who will provide the highest quality service at fair and competitive prices. The Competitive Contracting process as outlined in N.J.S.A. 18A:18A-4 et seq. and N.J.A.C. 5:34- 4.1 et seq., permits school districts to procure specialized services in lieu of bidding. The RFP method shall be the basis of all Competitive Contracting procurements. (18A:18A-4.4) Examples of When to Use the Request for Proposal (RFP) and Competitive Contracting Process Activity Amount Procurement Method Academic Services (Local/State Funds)* $6,000-$39,999 RFP or Quotation $40,000 or more Competitive Contracting Instructional Improvement Educational Consultant Professional Development *Contracts with NJ state colleges, school districts, and government agencies (when using local state funds) do not require RFP procurement. A written proposal from the school or agency will suffice, yet competition through the RFP is preferred. Activity Amount Procurement Method Academic Services (Federal Funds) ** $3,500-$39,999 RFP or Quotation $40,000 or more Competitive Contracting Instructional Improvement Educational Consultant Professional Development **When using Federal Funds, contracts with NJ State Colleges, School Districts and Government Agencies do require a competitive RFP process for contracts less than $39,999 and the use of the Competitive Contracting model for contracts $40,000 or more. Activity Amount Procurement Method Professional Services (Federal Funds ) $3,500-$39,999 RFP or Quotation Professional Services $6,000 or more RFP or Quotation Professional Services (Federal Funds) $40,000 or more Competitive Contracting Professional Services $40,000 or more RFP or Competitive Contracting 7 | P a g e Professional Services The following services are typical “safe” examples of professional services** Legal SPED Related Services (Board Attorney Guidance) Auditing; Accounting Medical evaluations Architectural; Engineering Physician; nursing; medical When using federal funds for the procurement of professional services, it is recommended to use the Competitive Contracting model pursuant to N.J.S.A. 18A:18A-4.1-et seq., when the amount exceeds the bid threshold of $40,000. Other Services—when using state and local funds. Please refer to Academic Services—Federal Funds amounts when using federal funds. Amount Procurement Method Recreational/Social Services $6,000-$39,999 RFP or Quotation $40,000 or more Competitive Contracting Computer Software (Proprietary) $6,000-$39,999 RFP or Quotation Non-academic/Board of Ed use $40,000 or more Competitive Contracting Bid The purchase of the proprietary software is for board of education purposes, not academic purposes. A good example of this would be student information systems, Business Office financial systems. Starting the Request for Proposal (RFP) Process—Appointment—School Business Administrator It is recommended that administrators who need to procure services through the RFP or Competitive Contracting process are to contact the School Business Administrator/Board Secretary for an appointment. The SBA will review the process so that the administrator has a firm understanding of the process. Preparation of the RFP It is recommended that administrators will prepare, with guidance from the School Business Administrator, the technical specifications of the RFP. The following pages describe the requirements and timelines of an RFP. 8 | P a g e Procurement Thresholds Federal, State and Local Funds 9 | P a g e Methods of Procurement State and Local Funds $40,000 QPA Bid Threshold Description of Goods/Services Amount Procurement Method Goods and Services Less than $6,000 Sound Business Practice Goods and Services $6,000-$39,999 Quotation, Bid or RFP Goods and Services $40,000 or more Bid or Competitive Contracting* Professional Services Less than $6,000 Proposal; Cost Analysis Professional Services $6,000-$39,999 Request for Proposals (RFP); Quote Professional Services $40,000 or more Bid or Competitive Contracting Prof. Development/Consultant Services Less than $6,000 Proposal; Cost Analysis Prof. Development/Consultant Services $6,000 - $39,999 Request for Proposals (RFP); Quote Prof. Development/Consultant Services $40,000 or more Bid or Competitive Contracting Sole Source (Proprietary)