Ms. Stacey Robinson, QPA
Director of Purchasing
Newark Public Schools
COMPETITIVE CONTRACTING PROCESS
&
REQUEST FOR PROPOSAL (RFP) PROCESS
Mr. James Shoop
School Business Administrator (Ret.)
Shoop18A18A@gmail.com
1
WHAT IS A REQUEST FOR PROPOSAL?
The Request for Proposal (RFP) procurement method is used to procure contracts
for services based upon an evaluative criteria selection process. The districts uses
the evaluative selection process that is recommended by the State Comptroller
of New Jersey. This evaluative management, technical and cost criteria selection
process permits the board of education to award a contract for services to the
respondent whose response will provide the highest quality service at fair and
competitive prices.
The Office of State Comptroller (OSC) has issued a publication; “Best Practices
For Awarding Service Contracts” It provides guidance concerning practices that
will ensue efficiency transparency and accountability in the award of service
contracts.*
Administrators will prepare, with guidance from the Purchasing Agent, the
technical specifications of the RFP.
COMPETITIVE CONTRACTING PROCESS
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
• may be used by boards of education in lieu of public bidding for procurement of SPECIALIZED GOODS AND SERVICES the
price of which exceeds the bid threshold; e.g. school & district improvement services, proprietary computer
software, etc. (18A:18-4.1)
• The method for such procurement is through the RFP PROCESS.
• The methodology for the awarding of competitive contracts shall be BASED ON AN EVALUATION AND RANKING, which
shall include technical, management, and cost related criteria, and may include a weighting of criteria, all
developed in a way that is intended to meet the specific needs of the contracting unit, and where such criteria
shall not unfairly or illegally discriminate against or exclude otherwise capable vendors
• The purchasing agent or counsel or school business administrator shall notify only those potential vendors who
received the proposal documentation of any and ALL CHANGES in writing and all existing documentation shall be
changed appropriately
• Unless an exception is provided for under N.J.S.A. 18A:18A-42 permitting a longer contract duration, contracts
awarded pursuant to section 49 of P.L.1999, c.440 (C.18A:18A-4.5) may be for A TERM NOT TO EXCEED FIVE YEARS
3
TYPES OF REQUEST OF PROPOSALS
Examples of When to Use the Request for Proposal (RFP) and Competitive Contracting Process
Activity
Amount
Procurement Method
Academic Services (Local/State Funds)*
$5,400-$35,999
$36,000 or more
RFP
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)**
$5,400-$35,999
$36,000 or more
RFP
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 $35,999 and the
use of the Competitive Contracting model for contracts $36,000 or more.
Activity
Amount
Procurement Method
Professional Services
$5,400 or more
RFP
The following services are typical examples of professional services:
Legal
Dental
Auditing; Accounting
Medical evaluations
Architectural; Engineering
Physician; nursing; medical
Other Services—The use of state and local funds will be used for the contract amounts. Please refer to Academic Services—Federal Funds amounts when using federal funds.
Recreational/Social Services
$5,400-$35,999
RFP
$36,000 or more
Competitive Contracting
Computer Software (Proprietary)
$5,400-$35,999
RFP or Quotation
$36,000 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.
Pre-school Wrap Around Program
$5,400-$35,999
RFP
$36,000 or more
Competitive Contracting
NOTE: FEDERAL GUIDELINES CHANGE EFFECTIVE JULY 1, 2015. REFER TO HANDOUT #3, p.23-24
4
PREPARING FOR THE SOLICITATION
PLANNING!!!!!!
PLANNING!!!! PLANNING!!!!!
• Send letter to administrators requesting potential proposal for upcoming
school year.
• Set Deadline for RFP submissions
• Send timeline to requestor
• The entire process may take 60-90 days to complete.
• Meet with administrators to discuss solicitations.
5
________________ BOARD OF EDUCATION
BUSINESS OFFICE
M E M O R A N D U M
TO:
FROM:
(All Administrators)
School Business Administrator, Board Secretary
DATE:
January __________ 2015
RE:
Request for Proposals (RFP)—2015 -2016 School Year
It is that time of the year for administrators to start preparing technical specifications for various
services they may need to contract for the 2015-2016 School Year. This memo is designed for
those administrators who want to use the Request for Proposal (RFP) process for services such
as:
Academic Services:
Instructional Improvement
Educational Consultants
Professional Development
Professional Services:
Legal
Medical
Architectural/Engineering
Auditing/Accounting
Special Services:
Therapies (Various)
Nursing
Other contracted services that may use the RFP outline:
Recreational/Social
Child After School Program
Proprietary Software
Activities—RFP Outline
Attached to this memo is a list of activities to follow when preparing a set of RFP specifications. I ask
that you set an appointment with me as soon as possible to discuss this preparation.
Also attached is a list of all RFP’s which your department procured (if any), this school year.
Deadline—Tuesday, February 10, 2015
No one likes to set deadlines or even follow them. I have set Tuesday, February 10, 2015 as the deadline
for final submissions of RFP specifications for the 2015-2016 School Year. Why so in advance? Once I
have them I can begin the lengthy procurement process that is required. It can be done in an orderly and
systematic process that will guarantee that by July 1, 2015 there will be a contract for each of the services
requested. (See attached calendar of activities)
For RFP’s submitted to me after February 10, 2015, I cannot guarantee the July 1, 2015 starting date.
Thank you for understanding and I wait to meet with you. Please make your appointment through
___________________
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PREPARING FOR THE SOLICITATION
MEETING WITH STAKEHOLDER
• Discuss Service(s) requested
• Determine type of RFP needed
• Determine what other departments will be affected, specification requirements
• Identify Funding Source(s)
• Determine type of RFP needed
• Determine if reporting to the Office of State Comptroller is required
• Discuss Prior Experience (if applicable)
• Ensure best practices based on past experiences; specification updates, proposal submission documents,
service providers, etc.
• Develop timelines
• Planning is the key element to scheduled implementation of services
• Topics include: Advertising, Pre-Proposal Meetings, Responses to Inquiry, Submission, Recommendations,
Award
• Evaluation Process
• Identify criteria, weights, committee members, response time, facilitator
• Secure Authorization for Solicitation
• Prepare School Advisory Board Resolution
• Submit a Resolution in the beginning of the School Year.
• Resolution
• Determine date that resolution for award will be presented at the School Advisory Board Meeting
7
ADVERTISEMENT
A. PRE-AWARD_ (COMPETITIVE CONTRACTING)
• A notice of the availability of request for proposal documentation shall be published in an
official newspaper of the board of education at least 20 days prior to the date established for
the submission of proposals. (18a:18a-4.5a)
• There is a 3 day lead from request to newspaper to actual post date.
B. POST-AWARD
• Professional Services and Extraordinary Unspecifiable Services (EUS)
• After board approval the award shall be printed , in an official newspaper, a brief notice stating
the nature, duration, service and amount of the contract, and that the resolution and contract are
on file and available for public inspection in the office of the board of education; (18a:18a-5a1-2)
• Competitive Contract
• The secretary of the board of education shall publish a notice in the official newspaper of the
board of education summarizing the award of a contract, which shall include but not be limited to,
the nature, duration, and amount of the contract, the name of the vendor and a statement that
the resolution and contract are on file and available for public inspection in the office of the
secretary of the board of education. (18a:18a-4.5g)
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REQUEST FOR PROPOSAL FORMAT
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
INTRODUCTION
DESCRIPTION
SCOPE OF SERVICES
MINIMAL QUALIFICATIONS OF VENDORS
PROPOSAL REQUIREMENTS
CONTRACT PERIOD
AWARD
PROPOSAL EVALUATION PROCESS
PROPOSAL PACKAGING AND SUBMISSIONS
PROPOSER’S CHECKLIST
APPENDICES
THIS MAY ALSO SERVE AS THE ‘TABLE OF CONTENTS’
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A.
INTRODUCTION
• Provide a generic description of district and its educational environment.
• “The Newark School District, with 75 schools, 7,000 employees and a student population of 39, 149 is the largest and one of the oldest school
systems in New Jersey. The ethnic diversity of the city provides a rich educational experience for pre-kindergarten to secondary school students.
The District continues to revise its services to meet the changing needs of students.”
• Include the district’s current goals and objectives. This is a good area to place mission
statement or current branding
• The vision for the school district is to “Ensure Newark students achieve at the highest levels and graduate college- and career-ready.” To that
end, State District Superintendent Anderson is focusing on five priorities that will most rapidly drive dramatic student achievement gains and
enable teachers to reach and support all NPS students:
• Leadership: Ensure that every school has an excellent leader with the autonomy and support to drive unprecedented levels of student
achievement.
• Teacher Quality: Recruit, train, support, and retain the highest quality teachers for every Newark classroom.
• Operational Excellence: Organize the central office to efficiently and effectively support schools/educators and families.
• Family and Community Involvement: Partner with families and community groups to ensure all of Newark's children graduate with
college-level skills.
• Innovation: Implement initiatives to accelerate student achievement such as extended learning time, socio-emotional learning/support
for students, and streamlined curriculum with real-time assessment data.
These priorities drive all of the district’s thinking, actions and investment in the present and upcoming school years.
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B.
DESCRIPTION
• Overview of the reason and purpose for the services requested
• Include context of environment for which services will be performed.
•
•
Our theory of action is based on the school as the unit of change for fostering personalized learning. We envision the personalized learning environment as one in
which both academic and social-emotional learning are deeply integrated and taught with the same level of rigor. We know that the obstacles Newark’s students
face on the path toward achieving college readiness are just as likely to be social or emotional in nature – e.g., decision-making, persistence, time management – as
they are to be academic. Although both academic and non-academic skills are critical for students to achieve college-ready graduation, the time and resources
dedicated to social-emotional learning today do not reflect this balance. What holds schools back from acting on this understanding is the relative lack of
quantification and rigor that exists for measuring and teaching social-emotional outcomes, and access to partnerships that offer services the school itself often
cannot.
Newark Public School employees encounter various social and emotional issues in today’s society. In some cases, these occurrences affect the employee’s health,
effectiveness on the job, and work attendance. Specific issues facing District employees include financial, drug and alcohol, health, death in the family, illness and
care of an elder relative or child and pressures and stresses of balancing work and family responsibilities.
Newark Public School employees encounter various social and emotional issues in today’s society. In some cases, these occurrences affect the employee’s health,
effectiveness on the job, and work attendance. Specific issues facing District employees include financial, drug and alcohol, health, death in family, illness and care
of an elder relative or child and pressures and stresses of balancing work and family responsibilities.
• Conclude section with the formal request to vendors
•
•
To this end, NPS wants to employ cutting-edge work to help our students attain excellence in social and emotional skills. In order for this effort to succeed, it has to
be research-based, and focus on clear standards, rigorous assessments, top-notch curricular resources, and integrated with academic teaching. NPS is soliciting
proposals from qualified bidders who can build capacity for effective student support intervention within schools and across the district, including access to
partnerships that provide wraparound, behavioral and mental health supports that help our highest-need students overcome obstacles on the way to college
readiness
The Newark Public School is soliciting proposals from potential contractors for the administration of its Employee Assistance Program. The role of the EAP provider
is to provide assessment and referral services, short term counseling, including crisis debriefing, education and training, and supervisor consultation to the District.
• This area may be combined with Introduction section
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C.
SCOPE OF SERVICES
• In accordance to the OCS,
• A request for proposals (“RFP”) or similar solicitation should contain a clear and detailed statement of the
work to be undertaken, often referred to as a scope of work provision (“SOW”). Described as “the heart of
the bid document . . . , [a] well-written scope of work can do more for the success of a contract than any
other part of the contracting process.” Kelly LeRoux, Service Contracting: A Local Government Guide 53
(ICMA Press 2007).
• The focus should be more on “what” the procuring unit wishes the vendor to perform and achieve, and less
about “how” it requires those services to be performed.
• Specifications are written:
• In accordance with N.J.S.A. 18A:18A-15.
• Purchasing provides technical assistance.
• Use available resources: NJASBO, NJ Dept. of Purchasing & Property, search engines
• Specifications are written by requesting unit and related stakeholder.
• For example: if the requesting service requires use of systems or interface with the district computer
system, ISD should contribute to specification
• For example: If transportation of students is required, Pupil transportation department should be consulted
on specifications.
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D.
MINIMAL QUALIFICATIONS OF VENDORS
• Indicate requirements of vendor and/or organization necessary for application.
• Failure to meet these requirements will disqualify proposal from further review.
•
•
•
•
Experience
Years of Service
Professional Affiliations
Knowledge of latest trends relating to specified services
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E.
PROPOSAL REQUIREMENTS
• This section describes the information that should be included in each component of
the Proposal.
• Make sure to indicate the composition and packaging specifications; font type, font
size, paragraph spacing, number of pages, binding, number of copies requested, etc.
• Example:
• A complete proposal in response to this RFP will consist of two parts:
• The Program Proposal
• The Cost Proposal
• Please note that Program Proposals should not exceed twelve (12) pages in length. We encourage
respondents to respond concisely with focus on the elements described in this section. Additional
information can be included in an Appendix, but potential partners will be primarily evaluated based
upon the information in the Program Proposal unless otherwise noted.
14
E.
PROPOSAL REQUIREMENTS (cont’d)
THE PROGRAM PROPOSAL
• Minimum Requirements
• Proposed Services and Work Plan
• This section of the narrative must be a detailed, clear and concise description of your proposed services. Your proposal
should show a clear understanding of the services required in this RFP, and demonstrate how your plan will address the
scope of services outlined.
• Organizational Capacity
• Vendors must provide a description of its organizational capacity to deliver the scope of services required.
• Organizations highlight their related experience and key personnel with related experience and capacity to serve
multiple schools.
• Demonstrated Effectiveness
• Vendors should describe all of the projects of a similar size and scope within the public school setting.
• Define time frame for references work. (e.g.. within the last two (2) years.)
• Request client references.
THE COST PROPOSAL
•
•
•
•
Cost proposal may be submitted in formal format or as a line item
Review pricing preferences; all-inclusive or a la carte
Note pricing that may significantly impact total cost; travel, instructional material, indirect cost
Note cost that are vendors responsibility; Incidental, expenses not relate to contract, extraordinary expenses
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F.
CONTRACT PERIOD
• The contract period may be from the date of award or for a specified period.
• Professional services contract is for one (1) year.
• Contracts solicited under competitive contracting may extend to 5 years.
• Refer to N.J.S.A. 18A:18A-42
• Any contract for services other than professional services, the statutory length of
which contract is for three years or less, may include provisions for no more than
one two-year, or two one-year
• Refer vendor to standard contract terms and conditions which will be part of the
contract.
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G.
AWARDS
• Indicate if award will be made to one or more vendors
• Indicate if vendors will be chosen based on priority rating, relevance, availability or other factors.
• Indicate if award will made for some or all services proposed
• The District reserves the right to make an award for all or some of the services proposed each
vendor. Pricing on all services shall remain as submitted regardless of the number of
contracts that are actually awarded by the District.
• Standard Clause stating District intent
• It is the intention of the Board of Education to award the contract to the respondent whose response is the most
advantageous to the board and who will provide the highest quality service at fair and competitive prices
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H.
PROPOSAL EVALUATION PROCESS
• USE GUIDELINES AS OUTLINED BY OSC, “BEST PRACTICES FOR AWARDING SERVICE CONTRACTS”
• http://www.nj.gov/comptroller/news/docs/service_contracts_report.pdf
• Proposals should be judged on the basis of predetermined, merit-based evaluative criteria,
made known to vendors before proposals are submitted.
• The evaluative criteria should be judged by qualified evaluation committee.
• The process should be explainable to evaluators and competing vendors, and capable of
withstanding scrutiny under a protest challenge.
• The scoring process and award recommendation should be well-documented and retained
• BASIC CRITERIA – (Best Practices for Awarding Service Contract, OSC, p.10)
•
•
•
•
Technical Criteria -the approach proposed by a contractor in providing the requested service
Management Criteria - the contractor’s personnel structure
Past Experience and Performance – the contractors history in performing similar services
Cost Criteria
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H.
PROPOSAL EVALUATION PROCESS (cont’d)
EVALUATION ADMINISTRATION
• Evaluation Criteria is outlined in the solicitation
• Evaluation materials are prepared by Purchasing Department and distributed to committee
members with proposals.
• Weight assigned to evaluation criteria, if not included in solicitation, must be defined and
known at the time proposals are submitted.
• Use a matrix for weights ensure that all committee members are using the same standards
for scoring.
• Committee members should sign a “Certification – No Conflict of Interest”. It serves as
evidence of the Districts interest in addressing ethics in procurement.
• I hereby certify that I have reviewed the conflict of interest standards in the Local Government Ethics
Law or the School Ethics Act, as appropriate, and that I do not have a conflict of interest with respect to
the evaluation of this proposal. I further certify that I am not engaged in any negotiations or
arrangements for prospective employment or association with any of those submitting proposals or
their parent or subsidiary organization. (Best Practices for Awarding Service Contract, OSC, p.16)
• Recommendation for award must be in writing from the Facilitator/Department Head from
funding department.
• All relevant evaluation materials must be submitted to Purchasing with recommendation.
19
I.
PROPOSAL PACKAGING AND SUBMISSIONS
OUTLINE THE MANNER FOR SUBMITTING THE PROPOSALS:
• Place and Time
• Must be submitted so as to arrive at the office of the purchasing division, 8th floor, 2 cedar street,
room 818, Newark, New Jersey 07102, not later than 4:00 pm on august 7, 2013. Documents
received after 4:00 pm. are considered late and will be rejected.
• Packaging
• Proposals shall be enclosed in a single sealed package plainly marked with the title of proposal
and solicitation number.
• One (1) clearly marked original proposal and four (4) complete/exact copies and one (1) electronic
flash drive of the program proposal and the cost proposal
• Life span of proposal submission
• All proposals will be firm offers and may not be withdrawn for a period of 60 calendar days
following the last day for acceptance. Each proposal must be signed on behalf of the offeror by an
officer authorized to bind the organization.
NOTE ANY SPECIAL CONDITION RELATING TO PROPOSAL
• The District reserves the right to reject any and all proposals and the right as its option to waive or
refuse to waive any defect or informality in any proposal. Any questions regarding this solicitation
should be directed in writing via email to the Director, in the Office of Purchasing and or Legal Counsel.
(indicate contact information)
20
J.
PROPOSER’S CHECKLIST
• Include a checklist to ensure that vendors have included all of the necessary
documents in their response.
• Checklist serves as a courtesy to vendors and provide structure to the Purchasing
Department for reviewing proposal upon submission.
• Example
Part A.
Program Proposal
• Proposal Submission Form
• Program Proposal
• Political Disclosure Form
• New Jersey Business Registration Certificate
• Disclosure of Investment in Activity in Iran Form
• Other forms as noted in “K. Appendices”
• Supplementary Documentation (e.g., Audited Financial Statement, evaluation reports)
Part B.
Cost Proposal
• Proposal Pricing Form
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K.
APPENDICES
• List names of all forms enclosed for informational purposes and/or document
required upon submission of the proposal
•
•
•
•
•
•
•
•
•
•
Proposal Submission Form
Proposal Pricing Form
Acknowledgement of Addenda
Political Disclosure Form
New Jersey Business Registration Certificate
Stockholders’ Disclosure/Ownership Declaration
Non Collusion Affidavit
Affirmative Action Questionnaire or Certificate of Employee Information Report
Disclosure of Investment in Activity in Iran Form
Contractor/Vendor Questionnaire and Certification
• Supplemental Information
• Certifications, representations, and special conditions
• Boiler plate language is added to the solicitation to complete the RFP.
• Purchasing and Legal Counsel develop language that is aligned UCC and NJ requirements for
commerce within governmental entities.
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QUESTIONS ?
23