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58 A P P E N D I X C Technology Procurement Plan Templates This project-based procurement management plan template is created from an existing source (Project Management Docs 2021). Project-Based Procurement Management Introduction [The purpose of the Procurement Management Plan is to define the procurement requirements for the project and how it will be managed from developing procurement documentation through contract closure.] [The Procurement Management Plan defines the following: ⢠Items to be procured with justification statements and timelines ⢠Type of contract to be used ⢠Risks associated with procurement management ⢠How procurement risks will be mitigated through contract performance metrics, insurance, or other means ⢠Determining costs and if or how they are used as evaluation criteria ⢠Any standardized procurement templates or documents to be used ⢠How multiple suppliers will be managed if applicable ⢠Contract approval process ⢠Decision criteria ⢠Establishing contract deliverables and deadlines ⢠How procurement and contracts are coordinated with project scope, budget, and schedule ⢠Any constraints pertaining to procurement ⢠Direction to sellers on baseline requirements such as contract schedules and work breakdown structures ⢠Vendor management ⢠Identification of any prequalified sellers if applicable ⢠Performance metrics for procurement activities] Procurement Management Approach [The Procurement Management Plan should be defined enough to clearly identify the necessary steps and responsibilities for procurement from the beginning to the end of a project. The project manager must ensure that the plan facilitates the successful completion of the project and does
Technology Procurement Plan Templates 59 definition section should list and justify the items to be procured and should also set the conditions under which those procurements should happen. Any important technical information should also be included. Individuals with authority to approve purchases may also be listed, in addition to or in the absence of the project manager.] Item/Service Justification Needed By Item A Item B Item C Type of Contract [The purpose of this section is to describe the type of contract to be used so the contracts and purchasing department can proceed accordingly. There are many different types of contracts, including firm-fixed price, time and materials (T&M), cost reimbursable, and others. Different procurement items may also require different contract types. A well-defined product may be a firm-fixed price, while a product that will require a research and development effort may need to be a T&M contract.] Procurement Risks [The purpose of this section is to identify any potential risks associated with procurement for the project. Depending on the contract type, items or services being purchased, vendor history, or uncertainties in the projectâs scope, schedule, or budget, potential risks may require more detailed planning and mitigation strategies. For instance, if an organization has a close relationship to a particular vendor but there is a chance that the vendor will no longer to be able to provide the goods or services needed, it would pose a significant risk to the projectâs procurement activitiesâ one that would need to be managed.] Procurement Risk Management [The purpose of this section is to describe how risks related specifically to procurement activities will be managed. All projects should have an independent and thorough risk management plan. Much as there are risks that pertain only to procurement, there are also risk management considerations that may also be unique to procurement. These may include involvement of specific personnel in managing procurement risks or obtaining approval on mitigation steps from a particular management level within the organization.] not become an overwhelming task to manage in itself. The project manager will work with the project team, contracts and purchasing departments, and other key players to manage the procurement activities.] Procurement Definition [The purpose of a procurement definition is to describe, in specific terms, what items will be procured and under what conditions. Sometimes items that must be procured for a project can be made internally by an organization. Additionally, procurement deadlines are usually affected by the project schedule and are needed to ensure timely project completion. The procurement
60 Airport Software Solutions and Services Sourcing Standardized Procurement Documentation [The purpose of this section is to describe what standard procurement documentation will be used as part of the procurement. For large complex projects, standardization makes work across all project process areas easier to manage. When organizations utilize standard forms, templates, and formats, there is commonality across different projects as well as different groups within the organization.] Procurement Constraints [The purpose of this section is to describe any constraints that must be considered as part of the projectâs procurement management process. These constraints may be related to schedule, cost, scope, resources, technology, or buyerâseller relationships. As constraints are identified, they must be considered each step of the way as procurement activities are planned and conducted. Every effort must be made to identify all constraints prior to any project or procurement planning; constraints identified later in the project lifecycle can have a significant impact on the projectâs likelihood of success.] Contract Approval Process [The purpose of this section is to define the process through which contracts must be approved.] This process may vary greatly from company to company, but it is important to define the process within an organization and who is involved in the decision-making. Typically, large purchases follow an established bidding process and follow a formal selection and approval process. Smaller purchases can be less formal and can be approved by the project or program manager. This section should clearly identify the rules for all procurements within the organization. Decision Criteria [The purpose of this section is to define the criteria used by the contract review board to decide on what contract(s) to award.] These criteria may vary between organizations but must be defined as part of the Procurement Management Plan. Vendor Management [The purpose of this section is to describe the roles and actions the project team and purchasing and contracts department will take to ensure that the selected vendors provide all of the products and services agreed upon and that the appropriate levels of quality are maintained.] Cost Determination [The purpose of this section is to describe how costs will be determined and if and how they will be used as part of the selection criteria. For procurements seeking goods or services from an outside vendor, costs are usually provided in response to a Request for Quote, Request for Proposal, or a Request for Bid. Vendors submit quotes, proposals, or bids that describe the costs of the goods or services in detail in order to aid the customer in their decision-making. Costs are almost always used as part of the procurement decision criteria but may be prioritized differently depending on the organization.]
Technology Procurement Plan Templates 61 Vendor Product Quality On-time Delivery Documentation Quality Development Costs Development Time Cost Per Unit Transactional Efficiency Vendor #1 Vendor #2 1 â Unsatisfactory 2 â Acceptable 3 â Exceptional Sponsor Acceptance [The undersigned acknowledge they have reviewed and approve the procurement management plan for the Sample Project. Changes to this procurement management plan will be coordinated with and approved by the undersigned or their designated representatives.] Signature: Date: Print Name: Title: Role: Signature: Date: Print Name: Title: Role: procurement activities. They may also be used to compile data on the performance of various vendors in order to assist with future procurement activitiesâ vendor selection criteria.] While the purchasing and contracts department may have its own internal metrics for procurement, the following metrics are established for vendor performance for a particular projectâs procurement activities. Each metric is rated on a 1â3 scale as indicated in the sample below: Performance Metrics for Procurement Activities [This section describes the metrics to be used for procurement activities associated with the project. These metrics may be used to ensure that the project stays on schedule with regard to
62 Airport Software Solutions and Services Sourcing Sample Procurement Policy â Quasi-Governmental Entity This sample procurement policy is included with permission from the MinneapolisâSaint Paul Metropolitan Airports Commission. Purpose To comply with federal, state, and local law and regulations and establish [AIRPORT] requirements for the procurement of certain services and products through purchase or rental. Scope All [AIRPORT] Purchases, including the procurement (through Purchase or rental) of supplies, materials, equipment, and the construction, alteration, repair, or maintenance of real or personal property must comply with this Policy. In addition, [AIRPORT] Purchases for the procurement of certain Services must comply with this Policy. Purchases of Software, software data services, software licenses, software license renewals, software as a service (SaaS), software maintenance, and Purchases in which software related Purchase makes up a great than [XX]% portion of the total Purchase, are covered only by PROCEDURES E. Software of this Policy, and no other parts of this Policy shall apply to these software related Purchases. The scope of this Policy does not include the following: consultants, leasing of real property, or Concessions, construction work awarded to a general contractor, and any other expenditures in the annual budget. Objective Provide a foundation for effective, consistent, and complete consideration of all aspects of purchasing including: ⢠Ensure the fair and equitable treatment of all suppliers and persons who deal with the procurement system of [AIRPORT] ⢠Foster public confidence in the procurement procedures followed by [AIRPORT] ⢠Ensure compliance with applicable state, federal, and local laws, and regulations ⢠Secure the advantages and economies derived from a centralized and standardized purchasing system ⢠Promote the use of modern, professional, and ethical business methods when using public funds under this Policy Policy Purchases should meet the requirements of federal, state, and local law, and additional [AIRPORT] requirements set forth in this Policy, including the requirement for board approval of procurement that is over $[XXXX] (total Contract amount inclusive of taxes and delivery fees). Definitions Bid â A response to a Request for Bids. Best Value Request for Proposals (Best Value RFP) â A Request for Proposal that can be used for selecting a vendor to perform repairs or maintenance work on real or personal property. This
Technology Procurement Plan Templates 63 type of RFP must consider price and performance criteria, and the award must be to the vendor offering the best value, applying the weighted selection criteria. Blanket Order â A method of filing repetitive needs for supplies and/or services with qualified sources of supply. An arrangement under which a supplier agrees in advance to provide goods and/or services, when ordered, over a period with established prices, terms, and conditions; no quantities or dollar amounts are guaranteed. There is no Contract under a Blanket Order until a Purchase is made. Blanket Orders are designed to reduce administrative acquisition costs. Capital Equipment â Equipment expenditure over $[XXXX]. Concession â Concessions are defined by federal regulation, as set forth in 49 CFR Part 26. Typically, this includes businesses that sell consumer goods or services to the public, such as restaurants, retail stores, advertising agreements, auto rentals, and also includes parking management Contracts. Contract â An agreement entered into for the sale or purchase of supplies, materials, equipment, or the rental thereof, or the construction, alteration, repair, or maintenance of real or personal property, or for the purchase of service or the purchase or license of software. Contract Amendment â An agreed addition to, deletion from, correction or modification of a Contract. Emergency Purchase â Purchases made in accordance with PROCEDURE C.7 of this Policy. Proposal â A response to a Request for Proposals. Purchase â Procurement of goods or services that are: (1) covered under law, including procurement (through purchase, rental, or leasing) of supplies, materials, equipment, and the construction, alteration, repair, or maintenance of real or personal property, (2) Service Contracts such as: porter service, janitorial service, queue management, shuttle services, security services and other similar services that are not Concessions or consultant services, and (3) Software. Purchase Order (PO) â The primary written communication tool between [AIRPORT] and its suppliers. POs may: (1) convey offers to suppliers, (2) accept offers from suppliers, (3) confirm already-existing verbal Contracts, and (4) finalize a Purchase transaction with a supplier. Quotation â A response to a Request for Quotations. Request for Bids (RFB) â A formal, sealed, advertised Solicitation. Request for Proposals (RFP) â A Solicitation method that includes multiple evaluation criteria in addition to price. Request for Quotations (RFQ) â An informal Solicitation without formal advertising or sealed Bids; however, price competition is desired. Services â Service Contracts that can include porter service, janitorial service, queue management, shuttle services, loading dock distribution services, security services, and other similar services that are not Concessions or consulting services. Solicitation â The process of requesting Bids or Proposals for a Purchase.
64 Airport Software Solutions and Services Sourcing Software â Software data services, software licenses, software license renewals, software as a service (SaaS), software maintenance, and Purchases in which software related Purchase makes up a greater than [XX]% portion of the total Purchase. Targeted Group Business (TGB) â Small businesses that are majority-owned and operated by minority, women, or physically disadvantaged persons. Procedures Purchasing Department Responsibilities Guideline Adherence â Ensuring that all [AIRPORT] employees follow these purchasing guidelines. Delegation of Authority â Training personnel and monitoring purchasing activities of departments, which may lead to rescinding purchasing authority if statutes and policies are violated. Training/Assistance Services â Providing consulting services to assist departments both in (a) understanding and (b) executing the purchasing process. This may include training staff on how Purchase Requisitions work, helping develop specifications/statement of work for a Request for Bid or Request for Proposals, etc. Distribution Services â Providing advertising and Bid distribution services. Certain sealed Solicitations estimated to exceed $[XXXX] require advertising by public notice (reference [APPROPRIATE STATUTE], or as amended). Examples: State Register online solicitation page, newspapers, or trade journals. Solicitation Response Review â Reviewing responses for compliance with terms and conditions, as well as technical specifications. This is especially important when suppliers offer material deviations. Professional Standards â Maintaining and enhancing the [AIRPORT]âs professional image while conducting purchasing activities; includes observance of proper professional standards addressing conflicts of interest. Supplier Issues â Contacting suppliers for issues that require remedies, such as protests, Purchase Order improprieties, performance, and legal situations. Final Supply Source â Determining the final source of supply, after review and consultation with the originating department. Supplier Relationships â Initiating and maintaining effective and professional relationships with current and potential suppliers. Management Reporting â Reporting to [AIRPORT] management any significant economic condition or change to the [AIRPORT]âs purchasing interests.
Technology Procurement Plan Templates 65 Supplier Evaluation â Maintaining primary focus on supplier performance, including punctual, complete, and satisfactory delivery of goods and services. Cooperative Contracting â Contracting for the Purchase of supplies, materials and/or equipment without regard for further competitive bidding, if the Purchase is through a national municipal associationâs purchasing alliance, or a cooperative created by a joint powers agreement where competitive Bids or quotes were solicited. ([APPROPRIATE STATUTE]) [STATE] State Contracting â Contracting for any Purchase available through the State of [STATE] cooperative purchasing venture without regard for further competitive bidding. Recycled Materials â Supporting and promoting the Purchase of recycled material when appropriate, working with the [AIRPORT] Environment Department. Responsibilities of Other Departments Ensuring that each Purchase Requisition-RSS has the funding available, proper account code, appropriate approvals authorizing the expenditure, and that backup text and scanned documents are attached. Contact the Purchasing Manager for RSS routing or approval changes. Contact the Finance Department for Capital Equipment Purchases over $[XXXX]. Ensuring that each Purchase Requisition-RSS follows Exhibit C prior to the purchase order being generated. Maintaining and enhancing the [AIRPORT]âs professional image while conducting any purchasing activity. Employees are to observe proper professional standards addressing conflicts of interest. Notifying the supplier regarding issues of dispute. Thereafter, if requested, Purchasing Department staff will be available to assist departments. Ensuring that all information technology related Purchases receive prior approval from the IT Department before issuing an RFB, RFP or Purchase Order request. Approving invoices with requisitioner and supervisor/manager signatures, account code, and Purchase Order number (same person cannot sign for receipt of goods/services and payment approval â each invoice requires two signatures). Sending approved invoices to Accounts Payable. Standard Purchasing Processes (Excluding Software) The standard purchasing process is divided into six categories. Purchases made from Blanket Orders. The Purchasing Department is the only department that may issue and oversee the Blanket Order process. This source selection may involve Solicitations, and/or direct negotiation. Generally, there is no need for additional Solicitations, Purchase Requisitions or Purchases when using a Blanket Order. Contact the Purchasing Department for restrictions that may apply.
66 Airport Software Solutions and Services Sourcing Purchases $[XXXX] or less. If the amount of the Purchase is estimated to be $25,000 or less, the Purchase may be made either upon Quotation or in the open market, in the discretion of the MAC. MAC encourages departments to use Targeted Group Business (TGB) suppliers. [AIRPORT] encourages departments to use an [AIRPORT] Commercial Card for Purchases of $[XXXX] or less. MN State Contracting or Cooperative Contracting may be used. If a Purchase Requisition is required see PROCEDURES, B. 1. Purchases over $[XXXX] and up to $[XXXX]. CONTACT THE PURCHASING DEPARTMENT â If the amount of the Purchase is estimated to exceed $[XXXX] but not $[XXXX] it shall be based, when possible, on at least two Quotations, which shall be kept on file for a period of at least one year or longer in accordance with [AIRPORT] retention policies. Advertising by public notice is not required. Alternatively, [STATE CONTRACTING DEPARTMENT] or Cooperative Contracting may be used. For supplies, materials, or equipment, [STATE CONTRACTING DEPARTMENT] must be considered. Purchases over $[XXXX] CONTACT THE PURCHASING DEPARTMENT â If the Purchase is estimated to exceed $[XXXX] Commission approval is required prior to entering into the contract. In addition, one of the following methods must be used: ⢠RFB (any Purchase) ⢠Best Value RFP (construction, alteration, repair, or maintenance work only) ⢠RFP (Services only) ⢠[STATE] State Contracting (any Purchase â but must be considered for supplies, materials, or equipment) ⢠Cooperative Contracting (Services, supplies, materials, equipment, or other work approved by the Purchasing Department) ⢠Direct Negotiation (Services only) Sole-Source Purchases. The Purchasing Department will permit a sole source Purchase when only one supplier possesses the unique âone-of-a-kindâ capability to be the only qualified source. This method is the least competitive and should have limited use. To receive authorization as a sole source acquisition, thus eliminating competitive Solicitations, the requesting department must include the Request for Sole Source Purchasing Process form with the Purchase Requisition declaring why there is no other source available. The Purchasing Department will process the necessary documents. If the acquisition exceeds $[XXXX] Commission approval is required prior to processing a Purchase Order. Emergency Purchases. In cases of emergency, when the public interest would likely suffer by delay, some emergency repairs may be immediately procured and some supplies or materials may be immediately Purchased (Emergency Purchases), without regard to the normal procedures of this Policy, in accordance with this section. ⢠A department may make Emergency Purchases of less than $[XXXX] only after the Executive Director/CEO (or his or her designee), with the written concurrence of the Chair (or his or her designee), declares an emergency. ⢠In situations of acute emergency, when the failure to make an immediate Purchase would cause a direct threat to human life or critical infrastructure, a department may make Emergency Purchases with the concurrence of any Vice President.
Technology Procurement Plan Templates 67 Following the emergency, the department that made the Emergency Purchase must submit a standard Purchasing Requisition-RSS with a statement documenting the circumstances of the emergency. The Purchasing Department will then issue a Confirming Purchase Order. In addition, if the Emergency Purchase exceeded $[XXXX], it must be ratified by the Commission at its next meeting. Notwithstanding the provisions of this section, departments should follow the normal procedures of this Policy whenever it is practicable to do so. Prevailing Wage. For Contracts for work normally performed by [AIRPORT] employed electricians, plumbers, painters, or carpenters, or as required under [STATE STATUTE], the Contract or Purchaser Order must specify that the vendor/contractor and any subcontractors shall be required to pay to its employees no less than the prevailing wage rate (as defined under [STATE STATUTE]) including benefits for the county in which the work is being performed. Request for Proposal Purchasing (RFP) Process Exhibit B, which only applies to RFPs and Best Value RFPs that require Commission approval, is attached and incorporated into this Policy. Certain procurements may be procured using an RFP or Best Value RFP process (outline in this Exhibit) instead of an RFB process. Please consult with the Purchasing Department to determine the best process for your department. Software Software Purchases of $[XXXX] or less must be authorized by the Chief Information Officer and may be made without seeking Commission approval so long as funds are available for such Purchases in the Operating Budget. Software Purchases exceeding $[XXXX] must be authorized by the Chief Information Officer and Commission approval must be obtained before such Purchases are made. Such Purchases must also use the services of the Purchasing Department and all Software Contracts and License Agreements must be approved through the Legal Department. Software may be procured through an RFB, RFP, Direct Negotiation, [State Contracting DEPARTMENT], or Cooperative Contracting. Non-Procurement Items The items listed in Exhibit A (which is not an exhaustive list) are non-procurement items that require Commission approval if any cost is estimated to exceed $[XXXX]. Items on Exhibit A are not subject to the Municipal Contracting Law and not subject to the Solicitation requirements in this Policy. Cancellations or Reductions CONTACT THE PURCHASING DEPARTMENT â [AIRPORT] staff may cancel or reduce the scope of work of any Purchase Order or Contract in accordance with the provisions of such Purchase Order or Contract or through a mutually agreed upon Contract Amendment between
68 Airport Software Solutions and Services Sourcing [AIRPORT] staff and the vendor. Cancellations/early terminations of any Purchase Order or Contract approved by the Commission must be performed in collaboration with the Purchasing and Legal Affairs Departments. If a Purchase Order or Contract was approved by the Commission, and such cancellation or reduction exposes [AIRPORT] to significant financial liability, [AIRPORT] staff shall consult with the Chair of the relevant [AIRPORT] Committee in which the Purchase Order or Contract was recommended for approval by the Commission before issuing such cancelation or reduction. Exhibit A NON-PROCUREMENT ITEMS Whenever possible use a [AIRPORT] Commercial Card for the items listed below. However, a Purchase RequisitionâRSS may also be used to request payment in these areas. Please contact the Purchasing Department with any questions or concerns. ⢠Advertising ⢠Art ⢠Conference fees ⢠Employee benefits and Health Insurance Premiums ⢠Grants and loans made to other entities ⢠Gift Cards (see separate Gift Card Policy) ⢠Insurance premiums (Company only) ⢠Interview panelist salaries/expenses ⢠Legal settlements and claims ⢠Licensing fees (excluding Software) ⢠Payments to or Purchases from government agencies ⢠Professional membership fees ⢠Proprietary mailing lists ⢠Seminar/workshop fees ⢠Subscriptions and Data Services ⢠Training fees Exhibit B The [AIRPORT]âs RFP Selection, Evaluation and Award Process Scope This process and exhibit only apply to RFPs or Best Value RFPs requiring Commission approval (estimated to exceed $[XXXX] â total contract price) that are administered under Purchasing Policy 2201. It is intended to be a guide for staff and any deviations from this process should be based on unique circumstances, documented, and approved by [AIRPORT]âs Purchasing and Legal Departments. This RFP Selection, Evaluation and Award Process includes three phases: (1) the Planning and Development Phase, (2) the Issuance Phase, and (3) the Evaluation and Award Phase. Each of these three phases is described in more detail below. Planning and Development Phase RFP Review Team
Technology Procurement Plan Templates 69 Before the expiration of a current contract (or initiation of a new project) an RFP review team (âReview Teamâ) is developed. The Review Team may include [AIRPORT] staff members from several departments (i.e., Finance, Internal Audit, Legal and Risk), as well as individuals from outside [AIRPORT], if needed. The members will either be scoring members or advisors (non- scoring members). Legal Affairs and Internal Audit Department members shall be invited to participate on the Review Team as advisors. Individuals outside [AIRPORT] may include stakeholders or local, regional, or national experts in the specific industry under discussion. [AIRPORT] Commissioners may also be invited to participate. A kickoff meeting of the key stakeholders/proposed Review Team should be held as soon as possible to solicit issues related to the project. The purpose of this meeting is to: (1) educate the team members on the goals and objectives of the specific selection process, the business terms desired, and the nature of the project; (2) solicit ideas on how to develop the RFP; and (3) review the expectations of the Review Team members and the end-user making sure everyone understands the schedule and time commitment required. Specific items to be discussed by the Review Team prior to requesting authorization to issue the RFP from the appropriate Committee meeting include: General Information Define the Scope of Work, term(s), performance measures, staff member responsible to overview project, and general (not scored) submittal requirements. Note that general submittal requirements are pass/fail. For example, proposers may be required to submit references, but the number or âqualityâ of references is not scored. Rather, the information gained from a reference may provide information that can be used to rate one or more of the evaluation criteria. Evaluation Criteria and Weighting of Each Criteria Specific criteria must be developed that emphasize the key issues related to the RFP and must include both price and performance criteria. Points are assigned to each category that reflect its overall importance to [AIRPORT OPERATOR] in ensuring that the most qualified and best suited proposer is awarded a contract. Price most often will be heavily weighted in relation to performance criteria. Minimum Qualifications of Proposers Minimum qualifications must be developed to define the essential, objective qualities that are truly minimum requirements or thresholds needed to compete for the project. These must be pass/fail and could be any necessary certifications or licensing and potentially a minimum level of expertise, size of operation, or financial capability. It is critical to independently create the appropriate minimums for each contract. Requiring a local office is likely not an appropriate minimum requirement; response time is likely the real need and is not a minimum requirement, rather it is a contract term once the work has been awarded. These should be carefully developed and designed to encourage more firms to submit rather than to exclude firms. Labor Requirements General Labor Requirements For Services Contracts or [AIRPORT] Contracts for the repair or maintenance of real or personal property, the RFP and subsequent Contract shall include certain labor requirements for all non- management employees of the proposer. For skilled trade and craft job positions that have a
70 Airport Software Solutions and Services Sourcing prevailing wage established by the [STATE LABOR DEPARTMENT], the proposer shall be required to pay to its employees no less than the prevailing wage rate including benefits for the county in which the work is being performed. For technology predominated Contracts, no labor requirements are required under this Policy. For all other positions, labor requirements shall be included in the RFP and Contract consistent with these provisions: ⢠Employees must be paid a competitive wage rate or range as established by the [AIRPORT] Department of Human Resources and Labor Relations; ⢠Employees must be provided a paid health insurance benefit that meets the minimum requirements under the Affordable Care Act; and ⢠Employees must be provided at a minimum a paid sick leave benefit of 1 hour for each 30 hours of work at the airport with a cap of 72 hours that can be carried over from year to year to be used when the employee or a family member is sick. If [AIRPORT] staff believes excluding any of these labor requirements in the RFP or underlaying Contract is in best interest of the Commission, it shall present its recommendation and analysis in a memorandum to the appropriate Committee of the Commission for approval. Worker Retention Requirement In addition, for non-prevailing wage positions or non-technology predominated Contracts, [AIRPORT] staff shall consider the following criteria to determine if including a worker retention requirement in the RFP and Contract is in the best interest of the Commission: (1) the performance of the current provider and whether any performance issues are related to management or employees, (2) whether performance of the anticipated work requires specialized skill, particular experience, or familiarity with the airport environment and the general availability of those attributes in the marketplace, (3) whether the nature of the anticipated work is similar or dissimilar to the work performed under by the current provider, (4) cost implications, (5) how burdensome a high level of turnover of the contractorâs employees would be on the [AIRPORT] and/or airport operations, (6) how likely it is that difficulty or delays in hiring new employees will lead to lapses in service at the airport or which otherwise impact airport operations or the traveling public, (7) how long it will take new employees to learn the needed skills to perform the work, (8) whether such requirement would substantially hinder the competition of the RFP process, (9) whether such requirement would substantially hinder the participation of Targeted Group Businesses or small businesses in the RFP process, and (10) other impacts relating to the MACâs strategic plan goals and/or focus areas. [AIRPORT] staff shall include this recommendation and analysis for the proposed inclusion or exclusion of a worker retention requirement in the RFP and Contract in a memorandum to the appropriate Committee of the Commission for approval. If the Commission approves/requires the worker retention requirement, the worker retention requirement below shall be included in the RFP and Contract. Worker Retention Requirement Definitions Retention Employee â A current or former employee of a Predecessor Employer who has, in any month in the past six months prior to the transition to the Successor Employer, worked on a [AIRPORT] contract (Contract) at a [AIRPORT]-operated airport (Airport) for at least half of the
Technology Procurement Plan Templates 71 total hours he or she worked for the Predecessor Employer in such month and currently is or was in good standing with a Predecessor Employer. Managers as well as volunteers, interns, and other temporary workers who work on an occasional or irregular basis or only for the limited time required to complete a specific task or function or employees terminated for cause by the Predecessor Employer are not Retention Employees. Predecessor Employer â A contractor that employed Retention Employees at an Airport on a [AIRPORT] Contract at any time over the previous six months immediately prior to the transition to the to the Successor Employer. Successor Employer â An entity that performs or will perform a function that was previously performed by a Predecessor Employer at an Airport on a [AIRPORT] Contract if the entity will continue the performance of such function in approximately the same manner as the predecessor. Retention Requirement A Successor Employer shall offer employment to the predecessorâs Retention Employees who have been employed by the predecessor at the Airport under a [AIRPORT] Contract for at least ninety calendar days preceding the termination date of the contract. If a Retention Employee accepts such offer of employment, the Successor Employer shall retain the employee for a period of ninety calendar days. For any positions that become available during the initial one calendar year period of the [AIRPORT] Contract, the Successor Employer will attempt to hire Retention Employees that have been laid off or otherwise not retained before hiring non-Retention Employees. A Successor Employer is not required to hire Retention Employee under the terms and conditions established by the Predecessor Employer unless required by applicable law. During the ninety-calendar-day retention period, the Successor Employer shall retain the right to terminate a Retention Employee for cause, but not arbitrarily or capriciously. If at any time the Successor Employer determines that fewer employees are required to meet its obligations under the [AIRPORT] Contract than were required by the Predecessor Employer, the Successor Employer shall retain the right to lay off Retention Employees based on staffing needs. A Successor Employer shall not be required hire a Retention Employee that: (i) has been convicted of a crime that is related to his or her employment at the Airport or to his or her job performance at the Airport; (ii) has been demonstrated to the Commission to present a significant danger to Airport users or employees, co-workers, or Airport staff; (iii) cannot obtain an Airport security badge if such security badge is required to perform the job function; (iv) cannot pass the Successor Employer established requirements for background checks and drug and alcohol testing; (v) cannot obtain a driverâs license if such driverâs license is required to perform the job function; or (vi) has a current job classification or position with the Predecessor Employer that does not substantially align with similar job classifications or positions utilized by the Successor Employer. Notice and Posting No less than thirty calendar days prior to the termination of the Predecessor Employerâs [AIRPORT] Contract, all Retention Employees shall be notified in writing by the Predecessor Employer that they have been placed on a qualified displaced worker list and that the Successor Employer may be required to offer him or her continued employment. The written notice shall
72 Airport Software Solutions and Services Sourcing clearly detail the employee retention process and timeline. No less than thirty calendar days prior to the termination of Predecessor Employerâs [AIRPORT] Contract, a Predecessor Employer who will be replaced by a Successor Employer shall provide to the Successor Employer the following information for each of its employees at the Airport who will not be retained by the Predecessor Employer: (1) name, (2) contact information, (3) date of hire, and (4) job classification. No less than thirty calendar days prior to the termination of the Predecessor Employerâs [AIRPORT] Contract, a Predecessor Employer will provide to [AIRPORT] a certification of the number of employees it employs at the Airport. Each employer shall cause these Worker Retention requirements to be posted at its place of business at the Airport to be conspicuous to the employees employed at such facilities. Each Successor Employer shall maintain records for three years showing the reasons for not hiring or for discharging Retention Employees. The [AIRPORT] is authorized to review these records upon reasonable request to ascertain compliance with this requirement. Enforcement No person shall discharge, reduce any part of the compensation of, nor discriminate against any Retention Employee due to the enactment of these requirements or due to his or her assertion of any rights under these requirements. Retention Employees are intended third-party beneficiaries of these provisions, providing such employees with a direct right of enforcement. This right of enforcement may only be exercised by submitting disputes to binding arbitration. The mandatory binding arbitration shall take place in the [LOCATION OF AIRPORT] metropolitan area in accordance with the American Arbitration Associationâs (AAA) Employment Arbitration Rules, except as otherwise provided herein. If a Retention Employee indicates to Successor Employer that he or she wishes to arbitrate a dispute under these provisions, the Successor Employer shall submit a joint request for arbitration to the AAA. The Successor Employer shall pay all fees, expenses, and arbitrator compensation except where the arbitrator finds that a claim or counterclaim was filed for purposes of harassment or is patently frivolous. Parties shall each bear the cost of their own attorneys, representatives, and interpreters. Labor Peace Requirement In addition, for non-prevailing wage positions or non-technology predominated Contracts, [AIRPORT] staff shall consider the following criteria to determine if including a labor peace agreement requirement in the RFP and Contract is in the best interest of the Commission: (1) how essential the service to be provided is to Airport operations and what performance alternatives might exist in the event of service disruption, (2) volume of potential qualified Contractors in the marketplace and the prevalence of unionization, (3) history of labor disputes related to the desired services or the lack thereof, (4) whether and to the extent a work stoppage or other economic disruption by a Contractor would impact Airport operations and the traveling public, (5) the amount of privilege fees [AIRPORT] currently collects or would collect from such Contractor, (6) cost implications, (7) whether such requirement would substantially hinder the participation of Targeted Group Businesses or small businesses in the RFP process, and (8) other impacts relating to the MACâs strategic plan goals and/or focus areas. [AIRPORT] staff shall include this recommendation and analysis for the proposed inclusion or exclusion of a labor peace
Technology Procurement Plan Templates 73 agreement requirement in the RFP in a memorandum to the appropriate Committee of the Commission for approval. If the Commission approves/requires the labor peace agreement requirement, labor peace agreement requirement below shall be included in the RFP and Contract. LABOR PEACE AGREEMENT REQUIREMENT To protect the proprietary interests of the [AIRPORT] and prevent costly disruptions of its operations, Contractor is required to expeditiously negotiate a Labor Peace Agreement upon written notice from a labor organization representing or seeking to represent the employees of Contractor who are performing work at [AIRPORT] operated Airport (Airport) (referred to herein as âLabor Organizationâ). The Labor Peace Agreement required by this section shall apply only to employees of Contractor who regularly perform work at the Airport (referred to herein as âEmployeesâ); and A Labor Peace Agreement for purposes of this requirement shall be a written agreement between Contractor and Labor Organization. This requirement may, but need not, be fulfilled by entering into a collective bargaining agreement with a labor organization that represents Employees of Contractor. The Labor Peace Agreement shall contain binding and enforceable terms prohibiting Labor Organization, its members, and the Employees in the case of a collective bargaining agreement, from engaging in picketing, strikes, work stoppages, boycotts or any other forms of economic interference on Airport property or which is otherwise related to the provision of goods or services to the [AIRPORT] or at the Airport. A Labor Peace Agreement shall be maintained at all times during the duration of the Contractorâs contract with the [AIRPORT] once one has been requested by a Labor Organization; and If Contractor and Labor Organization are unable to reach agreement on the terms of a Labor Peace Agreement within 45 days of the Labor Organizationâs initial written request, the parties shall submit the dispute to a mutually agreed upon mediator to assist the parties in reaching a reasonable Labor Peace Agreement; and In the event the parties are unable to reach a reasonable Labor Peace Agreement through mediation within 15 days after the first mediation session, either party may request final and binding arbitration to resolve their dispute. If the parties cannot promptly agree upon an arbitrator, either party may request a panel of arbitrators from the American Arbitration Association, all of whom shall be members of the National Academy of Arbitrators. Each party shall strike one member of the panel and the remaining Arbitrator shall, after hearing from the parties, fashion the terms of a Labor Peace Agreement similar to those occurring in the private sector in the [AIRPORT LOCATION] metropolitan area or which otherwise serve the proprietary interests of the [AIRPORT] in ensuring that there are no strikes, work stoppages, picketing, boycotts or other economic interference on Airport property or which is otherwise related to the provision of goods or services to the [AIRPORT] or at the Airport; and Contractor may continue to operate at the Airport during any negotiation, mediation or arbitration relating to a Labor Peace Agreement; and
74 Airport Software Solutions and Services Sourcing Contractor agrees that this Labor Peace Agreement requirement is a material term of the contract between Contractor and the [AIRPORT]. Should Contractor fail to: (a) proceed to either mediation or arbitration in a timely manner as required in this section; or (b) implement any Labor Peace Agreement fashioned by the arbitrator in binding arbitration or negotiated between Contractor and Labor Organization, the [AIRPORT] may immediately terminate the contract between Contractor and [AIRPORT] as a material breach of the contract; and Nothing in this requirement shall be construed as requiring Contractor, through arbitration or otherwise, to establish certain terms and conditions of employment for Employees, change terms and conditions of employment for Employees, recognize any labor organization as a bargaining representative for Employees, adopt any particular recognition process, or enter into a collective bargaining agreement with any labor organization. Similarly, nothing in this requirement shall be construed as requiring Contractor to submit the terms of any initial or successor collective bargaining agreement to mediation or interest arbitration. At the [AIRPORT]âs request, Contractor will provide evidence that a binding Labor Peace Agreement exists between Contractor and Labor Organization, either by providing a copy of such agreement to the [AIRPORT] or by providing a certification of the agreementâs existence and summary of the essential terms. At the [AIRPORT]âs request, Contractor will provide to [AIRPORT] a certification of the number of employees it employs at the Airport at any given time. v) Targeted Group Businesses (TGB) Participation TGB preferences may be considered and assurance of non-exclusionary requirements that might limit or delete a TGBâs ability to compete are noted. Language may be inserted to ensure that all businesses entering into an agreement with [AIRPORT OPERATOR] are aware of [AIRPORT]âs commitment to TGB participation, as well as [AIRPORT]âs commitment to enhance and expectations of all businesses to work with TGBs. Staff Conflict of Interest Issues Determine whether there is any conflict of interest associated with any part of the RFP process, from the issuance of the RFP through the award of the contract. The [AIRPORT] Review Team members are advised to remove themselves from the process if there are conflicts of interest. Interviews/Demonstrations of Proposers If an interview or demonstration process is appropriate under a Best Value Alternative as identified in [STATE STATUTE], each proposer shall be interviewed, and the relative weight of the interview shall be stated in the solicitation document and applied accordingly. For other RFPs, such as Services, the RFP should state whether there will be oral interviews or demonstrations of the proposer finalists. The interviews will not be scored separately from the written proposals, rather the information gained from the interviews will be used to rate the established evaluation criteria. Memo to Appropriate Committee A request is made to the Commission through the appropriate Committee for authorization to issue a Request for Proposals to obtain qualified proposers for contracts that are estimated to exceed $[XXXX] (total contract price). The memo should include:
Technology Procurement Plan Templates 75 ⢠A background paragraph describing the scope of work, why a new solicitation is required, period of time since the previous solicitation, length of the current contract, name of the current vendor and length of time [AIRPORT] has contracted with that vendor, average annual expenditure, the total contract amount, and the funding source (i.e., approved in the Operating Budget or C.I.P.). ⢠A summary of the major business terms (including the expected level of interest or number of potential proposers, duration of the new agreement, renewals, new payment terms, labor provisions) recommended for inclusion or exclusion from the RFP and any relevant analysis. Attaching a copy of the RFP is typically not necessary. ⢠A listing and description of the proposed members of the Review Team and some alternatives in the event a staff memberâs assignment changes. This list should include the name and job title of each member, and whether they are a scoring member or an advisor. For outside team members, background information may also be helpful. This information will assist in verifying the purpose of including each member on the Review Team. ⢠A description of the proposed evaluation criteria and the comparative weighting of each of the evaluation criteria, including price and performance criteria. ⢠A description of the minimum qualifications proposed to be utilized in the RFP. These are pass/fail, essential, objective qualities that are truly minimum requirements. ⢠Requested Commission action should include authority to issue the RFP consistent with the memorandum. SAMPLE LANGUAGE: RECOMMEND TO THE FULL COMMISSION THAT STAFF BE AUTHORIZED TO ISSUE A REQUEST FOR PROPOSALS CONSISTENT WITH THIS MEMORANDUM FOR THE....... AND THAT THE EXECUTIVE DIRECTOR/CEO OR HIS DESIGNEE BE AUTHORIZED TO EXECUTE THE NECESSARY DOCUMENTS. RFP Content The RFP is developed and approved with input from the Review Team before issuance. The RFP should include provisions that explain the following: ⢠A description of the evaluation criteria and the weighting assigned to each criteria; ⢠A description of the minimum qualifications that must be met in order to be considered for the project; ⢠Major business terms including labor requirements consistent with those as approved by the Commission; ⢠A description of the timeline and process to be used by the Review Team; and ⢠A description of the Commissionâs decision process, including that the Committeeâs recommendation is not binding on the full Commission and that the full Commission makes the final decision. Issuance Phase Vendor List ⢠A vendor list is assembled by using the contact information of interested parties from previous RFP processes, the recommendation of consultants, and other resources. ⢠⢠The RFP is posted to the [AIRPORT] website and interested parties are notified by email. Prior to and/or concurrent with the issuance of the RFP, advertising is submitted to the State of Minnesotaâs online solicitation page. No special treatment is afforded to an incumbent in an RFP process.
76 Airport Software Solutions and Services Sourcing Pre-proposal Conference ⢠A pre-proposal conference may be held to address any questions or concerns of the proposers, and to clarify the contents of the RFP. If the pre-proposal conference is a mandatory meeting only those who attended the pre-proposal conference are allowed to submit a proposal as outlined in the RFP. This ensures that the proposers are fully aware of the requirements and scope of the project. ⢠If necessary, an addendum to the RFP is issued to answer and/or clarify any questions raised, and to make any changes to the RFP. Evaluation and Award Phase ⢠Distribution of Responses. When the proposals are received, a copy of each proposal is distributed to all Review Team members, along with scoring sheets, which reflect the evaluation criteria, and the scoring (weighting) of the proposals. Each Review Team member conducts an independent review and individually rates each proposal without any comparison to other Review Team memberâs scores. Also distributed at this time is the Data Practices/Confidentiality Reminder letter for Review Team membersâ review and signature. ⢠Evaluation Meeting. The Review team meets to discuss the proposals. This allows each member of the Review Team to fully discuss each proposal for clarity, to address technical issues, etc. Each Review Team member has the opportunity to revise their individual scores based on the discussions. In each proposal there are typically one or more categories in which one or more members of the Review Team feels they do not have the expertise or knowledge to score. In that instance, the Teamâs total score for that category is averaged by the number of team members that scored the particular category. Interviews and Demonstrations ⢠If an interview or demonstration process is appropriate, the Review Team invites the top ranked proposers. It is common for a natural break to occur in terms of the ranking of the proposers once all of the proposals have been reviewed and scored. For example, if ten proposals are reviewed, it is common for 3 or 4 of the proposals to be ranked as the top group. ⢠Where appropriate, the Review Team interviews the proposers in person and each Review Team member may revise their scores for the evaluation criteria, if needed, based on the information gathered in the interview or demonstration. ⢠If an interview or demonstration process is appropriate under a Best Value Alternative as identified in [STATE STATUTE] (construction, alteration, repair, or maintenance of real or personal property), each proposer shall be interviewed and the relative weight of the interview shall be stated in the solicitation document and applied accordingly. Group Discussion ⢠After evaluating and interviewing the proposers, the Review Team meets again and discusses the proposals as a group. This group discussion gives each Review Team member an opportunity to modify and finalize their individual score for each proposal. ⢠The Review Team will then tally the scores and discuss the development of a recommendation.
Technology Procurement Plan Templates 77 ⢠The Review Teamâs recommendation is presented to the appropriate Committee for consideration. Each RFP explicitly states that âthe Commission reserves the right to (1) reject any and all proposals, (2) to waive any informalities or irregularities in connection therewith, and (3) to accept any proposal deemed advantageous to it.â Commission Award of Contract ⢠Recommendation The role of the Committee is to assess the Review Teamâs recommendation for award, make a recommendation to the full Commission, or refer it back to the Review Team for further review. The role of the full Commission is to consider the Committeeâs recommendation, which may or may not follow the Review Teamâs recommendation, and to either award the contract or send the matter back to the Review Team or appropriate Committee for further review. The memo should state whether contract renewal decisions will be brought back to the Commission for a decision in the future or not. If not, the memo should specifically delegate the authority to decide whether or not to renew a contract to the [AIRPORT] Executive Director/CEO or his designee, and whether there are any parameters for that decision making. REQUIRED DOCUMENTS FOR PURCHASE ORDERS ENTERED IN E1 - REQUISITIONING SELF SERVICE Commission Approval (if applicable) ⢠Vendorâs winning quote, bid, or proposal (if applicable) (or invoice) ⢠Email Approval of insurance/Risk Department ⢠Certificates of Insurance (if applicable) ⢠Email Approval of Legal Department of any stand-alone agreement (if applicable) ⢠Email Tech Approval for IT related requisitions ⢠Airport Development Project Manager memorandum attached for all Airport Development funded requisitions Sample Procurement Policy â Public This sample procurement policy has been redacted and included with permission from Memphisâ Shelby County Airport (MEM). General The purchasing function ensures the timely acquisition of required goods and services in a manner that provides for an unbiased selection of vendors and maximizes the quality of goods and services at optimum cost in compliance with applicable law. For purposes of [APPROPRIATE SECTION] of this Policy Manual, the following terms shall have the stated meaning: (1) Bid means a response submitted by a vendor in response to a published request for bids, proposals, or qualifications. (2) Bidder means a vendor who submits a response to a phone solicitation or a published request for bids, proposals, or qualifications.
78 Airport Software Solutions and Services Sourcing (3) Fixed value contract means a contract that has a defined dollar value and specific time frame with no variable components. (4) Quote means a written or oral response submitted by a vendor in response to a phone or electronic solicitation. (5) Variable cost contract means a contract that has a defined cost per unit, hour, or part, but a variable total cost based on the number of units, hours, or parts used. Purchasing procedures related to construction projects are covered by Part 700 of this Policy Manual. Authorizations The Director of Procurement is responsible for administering the purchasing function. The authority to make budgeted purchases, per line item, shall be as follows: Position Dollar Limit Board of Commissioners over $ [XXXX] President up to $ [XXXX] Vice Presidents up to $ [XXXX] General Counsel up to $ [XXXX] Directors up to $ [XXXX] The General Counsel and Directors may authorize managers and supervisors to make budgeted purchases within specified limits. These purchasing limits shall be submitted in writing to the Director of Procurement for implementation. Purchases exceeding account budgets must be authorized by the Vice President of Finance and Administration/CFO through the budget transfer process. Purchasing Requisitions Employees shall request needed materials and supplies through the purchasing system and must sign for all items received. Inventory (Stock) Items The purchasing system automatically generates a requisition for goods in need of replenishment. The purchasing manager designated by the Director of Procurement may approve requisitions up to $ [XXXX] for inventory (stock) items. All other requisitions must be approved in accordance with the authorization provisions of this policy. Bid Process The bid process for obtaining goods and services shall be based on the dollar value of the purchase as follows: Dollar Value Method
Technology Procurement Plan Templates 79 $ [ XXXX â $ XXXX] Purchase order with one phone quote $ [XXXX â $ XXXX] Purchase order via phone or electronic solicitation with at least one written quote $ [XXXX â $ XXXX] Purchase order via phone or electronic solicitation with at least two written quotes Over $ [XXXX] Notice to bidders and written response to published solicitation Requests for Written Responses The Authority shall solicit written responses to the following types of requests: (1) Request for Bids (RFB) â This type of solicitation is generally used for goods only and is evaluated based on price only. An RFB would be most appropriate for standard goods. (2) Request for Proposals (RFP) â This type of solicitation is generally used for goods and/or services and is evaluated based on price first and then qualifications. An RFP would be most appropriate for nonstandard goods and general services. (3) Request for Qualifications (RFQ) â This type of solicitation is generally used for services and is evaluated based on qualifications first and then the price negotiated. An RFQ would be most appropriate for professional services that are not exempt from the bidding requirements. Exceptions to Bidding Requirements Cooperative Purchasing. Cooperative purchasing is the ability to enter into a contract offered by a local, state, or national governmental entity that is permitted to exercise joint purchasing authority. The Authority may participate in cooperative purchasing efforts in accordance with applicable local, state and federal laws. Emergency or Urgent Situation. A Vice President may approve emergency purchases for a Division/Department declaring an emergency. The requesting Division/Department may immediately purchase essential goods and/or services necessary to prevent delays in work or to prevent injury to the life, health, safety, or convenience of passengers, employees or the public. Fuel. Any and all fuel products may be purchased in a manner that is in the best interest of the Authority. Legal Resources. The Authority may purchase legal resources directly from a particular provider upon request of the General Counsel. Legal resources include, but are not limited to, online research programs, desk references, and other legal publications. Professional Services. The Authority may contract directly with a professional service provider who is considered to be highly skilled and licensed and/or who has a good reputation within a particular profession. Professional service providers may include, but are not limited to, attorneys, bond counselors, accountants, financial advisors, and information technology specialists. Training. Any and all training services may be purchased in a manner that is in the best interest of the Authority. Such training may include, but not be limited to, employee certifications and continuing education as well as vendor instruction for equipment and software.
80 Airport Software Solutions and Services Sourcing Purchases of $ [XXXX] or Less The Procurement Division is responsible for contacting vendors to obtain quotes for purchases made under this policy. If a written response is required, the following information shall be noted in the purchasing system: (1) name of vendors contacted; (2) date of contact; (3) unit or total price; and (4) delivery costs. Vendor selection may be based on, but shall not be limited to, the following measurable factors: (1) lowest price quotation; (2) best quality product; (3) dependability of the vendor; (4) service record of the vendor; and/or (5) nature of the guarantee or warranty of the product. Purchase Orders In the absence of two written quotes, a purchase valued at between $ [XXXX and $ XXXX] may be made with a purchase order due to difficulty in obtaining the two required quotes. Such purchases shall be approved by the Director of Procurement and a justification shall be noted in the purchasing system. When possible, purchase orders should be used for goods and services with a cost of $ [XXXX] or less and for equipment costing up to $ [XXXX]. Purchases Greater than $ [XXXX] The Procurement Division is responsible for preparing and distributing a legal notice to Bidders and advertising same in a daily newspaper of general circulation in the City of Memphis and/or Shelby County for two (2) consecutive days, unless circumstances dictate otherwise. The legal notice to bidders shall request written responses to be received by the Procurement Division on or before a stated date and hour. Bids shall be marked with the date and time received and be read aloud at the stated time, except as provided otherwise herein. The Procurement Division is responsible for maintaining a list of all bids received for each solicitation. Bids shall be opened by the Procurement Division no earlier than seven (7) calendar days after the last date that the legal notice is advertised. Bid openings may be extended at the discretion of the Director authorizing the purchase after consultation with the Director of Procurement. If only one (1) bid is received, the Authority may rebid the item or open the single bid with approval from the Vice President of Finance and Administration/CFO. If the Authority elects to open the single bid, the President may authorize the appropriate employee to negotiate with the bidder if it is determined to be in the best interest of the Authority. The Procurement Division shall initially evaluate the responsiveness of all bids. Final award for RFB. In coordination with the Director of Procurement, the Director of the requesting Division/Department shall propose the selection of the lowest and most responsive bid to the appropriate Vice President for approval. Thereafter, the selected bid shall be approved by the President and/or Board when applicable. Final award for RFP. The members of a Proposal Selection Committee consisting of at least one (1) Vice President and two (2) Directors shall be submitted to the President for approval. The Committee shall review the proposals according to established criteria and pricing and, if warranted, conduct interviews. The Committee shall select the top ranked proposer. Thereafter, the selected proposer shall be approved by the President and/or Board when applicable.
Technology Procurement Plan Templates 81 Final award for RFQ. (1) The members of a Qualifications Selection Committee, consisting of at least two (2) Vice Presidents and the appropriate representative from the requesting Division/Department, shall be submitted to the President for approval. The Committee shall review all responses according to established criteria and rank the bidders by first, second, and third choices. The recommended ranking shall be approved by the Board when applicable. (2) Thereafter, the top three (3) ranked bidders shall be notified of the ranking. The negotiations shall begin with the first choice. If negotiations are successful, the selected bidder and fee structure shall be recommended to the President for final approval. If an appropriate price cannot be negotiated with the first choice, negotiations shall be terminated and the second ranked bidder may be contacted and a price negotiated. This may continue until successful negotiations have been concluded or it is determined that it is in the Authorityâs best interest to cease negotiations and/or issue a new RFQ. The Authority reserves the right to reject any and all bids, in whole or in part; to waive formalities, technicalities, and non-conformities; and to contract in the best interest of the Authority. The Authority also reserves the right to reject a bid from any bidder, or to deny acceptance of any bidderâs subcontractor, who has claims or litigation pending against the Authority; and to reject the bid when a parent, subsidiary, affiliate, or predecessor in interest of the bidder or its subcontractor has claims or litigation pending against the Authority; when the Authority determines such claims or litigation may adversely affect the ability of the Authority to work efficiently and effectively with the contractor or its subcontractor, or may adversely affect the ability of the contractor or its subcontractor to perform under the contract. Awarding of contracts and purchase orders of $ [XXXX to $ XXXX] shall be provided to the Board in a summary for information purposes. The summary should include, at a minimum, vendor name, description of goods and/or services, and contract amount. Contracts The Procurement Division is responsible for maintaining all contract files related to purchases made under this policy. In coordination with the Procurement Division, the Division/Department with contract oversight is responsible for initiating all contract modifications, documenting same though a written amendment, and obtaining all required approvals and signatures. Contract modifications may include, but are not limited to, changes to price and scope of services. All contracts and amendments thereto shall be executed by the President, unless delegated otherwise in accordance with the Bylaws of the Board. The authority to approve invoices up to a particular dollar value for fixed value contracts and variable cost contracts shall be determined for each Vice President, Director, and Manager. The authorizing Vice President or Director shall notify the Finance Division of the position granted such authority and the dollar limit. Certain goods and services are billed based on usage and the costs are not negotiated by the Authority, such as utility invoices. Invoices for utilities and similar usage agreements received monthly shall be reviewed and approved by the Manager of Accounting in consultation with the appropriate Managers of Maintenance.
82 Airport Software Solutions and Services Sourcing Sole Source and Single Source Purchases A sole source purchase is the purchase of goods or services that are limited to one source and not otherwise obtainable or must be obtained from a specific manufacturerâs dealer and valid competition does not exist. Requests to purchase from a sole source shall be justified in writing by the requesting Division/Department, verified by the Procurement Division, and approved by the appropriate Vice President, the General Counsel, the Vice President of Finance and Administration/CFO, and the President. If goods or services are determined to be sole source items, only one price quote shall be obtained. A single source purchase is the purchase of goods or services for which there may be similar products, or products which perform the same functions, and are available from commercial sources, but for which only one brand and model or product or service has been determined suitable for the particular use required. Requests for making a purchase from a single source shall be justified in writing by the requesting Division/Department, verified by the Procurement Division, and approved by the appropriate Vice President, the General Counsel, the Vice President of Finance and Administration/CFO, and the President. The Procurement Division shall maintain a list of approved sole source and single source vendors and reevaluate each such vendorâs status every three (3) years. Standardization of Products Every effort shall be made to standardize the types of supplies, materials, and equipment used by the Authority so as to reduce costs and be more efficient by purchasing larger quantities and processing fewer small orders. Local Preference The Authority shall give a local preference to businesses located in Shelby County, Tennessee when the application of such preference is reasonable in light of the dollar value of the bids received. Local preference shall be given in accordance with the following: (1) For purposes of qualifying as a local business, a vendor shall provide the following documentation: (a) a copy of the vendorâs domestic [COUNTY AND STATE] business licenses; (b) proof that [COUNTY] personal property taxes and all other local business operational taxes are appropriately paid and/or authority for the governing bodies and/or appropriate officials of each applicable agency to release such information to the Authority; and (c) proof that the vendorâs principal place of business is in [COUNTY AND STATE]. (2) For purchases of $[XXXX] or more, the total bid amount of all bids received from qualified, responsive local businesses shall be decreased by five percent (5%), if the lowest responsive bidder is a regional or non-local business. The five percent (5%)
Technology Procurement Plan Templates 83 decrease is calculated solely for the purpose of determining the local preference amount, not the contract price. The amount of the local preference shall not exceed $[XXXX]. (3) For purposes of evaluating responses to RFPs and RFQs, local businesses shall be assigned five percent (5%) of the total valuation points up to a maximum of five (5) points. (4) In the event the bid amount from, or total points assigned to, a local business and one or more non-local businesses is the same, the local business shall be given priority during the selection process. The local preference shall not apply to the purchase of goods or services that are funded, in whole or in part, by a governmental entity and the laws, regulations, or policies governing such funding prohibit application of local preferences. The local preference shall not apply to emergency purchases or any other noncompetitive purchases. Application of this local preference policy to a particular contract or category of contracts may only be waived before any bids are taken. The Procurement Division shall submit a written justification for any such waiver to the President for approval. This local preference policy may be applied to authorized purchases in addition to any other preference permitted by law. Debarment Process For purposes of this paragraph, Service Provider means a vendor who has a contract to provide services to the Authority. The term Contractor, as used in the debarment policy set forth [SECTION OF POLICY MANUAL], shall mean Service Provider when such debarment policy is applied pursuant to this policy. In accordance with the debarment policy set forth in [SECTION OF POLICY MANUAL], a Director may initiate a request to determine if probable cause exists for debarment of a Service Provider who the Director has contract management oversight of. All provisions of the debarment policy shall apply to such requests.