RFP Process Workbook
RFP Process Workbook
COURSE OUTLINE
I. II. III. IV. Defining the RFP Developing the Solicitation Advertising the Solicitation Pre-Proposal Conference
RFP Opening Evaluating Responses Score Tabulation Vendor Award and Notification Contract Administration
X.
Process Checklist
What is an IFB?
An Invitation for Bid (IFB) is a formal request to a potential respondent to submit a bid to provide a good or service to fulfill a need that the agency has identified. Unlike the RFP process, the State is limited in the criteria that are used to judge a respondents quality of product or service because in an IFB, price is the primary consideration.
(c) Use short paragraphs. Limit each paragraph to a single topic. Present complex material in a series of related paragraphs. (d) Use vertical lists to: (1) Highlight important topics; (2) Help the reader understand the order in which things happen; (3) Make it easy for the reader to identify all necessary steps in a process; and (4) Break long sentences or paragraphs into smaller segments for easy reading. (e) Use the active voice. The active voice eliminates confusion by forcing you to name an "actor." It also makes clear to the reader who has the authority or responsibility. Generally arrange the sentence to name the actor first and then the recipient. Don't Say: The information must be given to the contractor. Say: The contracting officer must inform the contractor. (f) Use words with their most common meaning. If there is no common meaning, define the term. (g) Do not use different words to denote the same thing. Avoid using varying terminology to refer to something, e.g., avoid using "buying activity," "purchasing operation," "contracting organization," and "procuring office" for the same entity.
Contractors Duties and Responsibilities Provide complete and specific description of the work to be performed. Describe regulations and laws the contractor must follow. Describe any forms the contractor must use. Specify what to do in the event third parties or subcontractors are involved. List deliverables, performance standards, timelines, etc. Describe reporting requirements. Describe sanctions for non-compliance with contract (forfeiture of contract security, liquidated damages, cancellation of contract). List the tasks (no. and name) in sequential order by phase (if applicable). Provide sufficient level of detail to enable the respondent to plan accordingly. Separation of Duties Describe any overlapping duties and responsibilities between agency and contractor. Describe how contractors duties may be impacted by work that needs to be performed by the State. Even though each SOW is unique, there are elements common to all SOWs. When applicable, include an overall hierarchy of the work being performed; it can be in form of a Work Breakdown Structure (WBS).
Proposal Information
Schedule of Events The entire project timeline should be included in this section. Also included should be a schedule of the RFP process (i.e. Pre-Proposal Conference, Deadlines, and Opening Date). Revision to the Schedule This section lists the parties authorized to change the schedule of events and through what means those changes will be announced. Information on how changes are routed and approved is provided in this section. Pre-proposal Conference This optional step in the RFP process can aid in the award phase. Here, respondents are asked to meet with the officials responsible for the issuance of the RFP to gain clarification on items in the solicitation that might be confusing. The pre-proposal conference also provides opportunities for respondents to network and establish HUB and/or subcontracting relationships. Proposal Requirements/Content This section defines the proposal requirements in terms of tasks to be performed, the end results/deliverables to be achieved, and the schedule of key dates. Important compliance requirements should be included with the task descriptions and deliverables. Any required documentation to be submitted with the response should also be listed in this section.
Proposal Submission Respondents should find information on the opening date of the RFP, and details regarding what needs to be included in order to be considered responsive. Delivery of Proposals This section outlines acceptable methods of delivery (i.e. U.S. Postal Service, Hand Delivery, or Express Mail). The address to which the RFP must be delivered in order to be considered responsive is included in this section. Proposal Opening The date, time, and location that the RFP will open should be listed in this section. Please mention that this meeting will be open to the public, but only the name of the respondents will be read aloud during this meeting. Proposal Evaluation and Award Acceptable language in this section will reference Govt Code, Section 2155.074. The sentence regarding the respondent selected for award providing best value will suffice. Also included in this section are the scoring methodology and a list of criteria that will be considered by the committee when making a best value determination.
Essential Documents
HUB Subcontracting Plan (HSP) Pursuant to Govt Code, Sections 2161.251-253, all contracts with an expected value of $100,000 or more, regardless of the source of funds, must be reviewed to determine if HUB subcontracting opportunities exists. If an agency determines that subcontracting opportunities are probable and a HSP is required, all respondents are required to submit the HSP along with their proposal and all supporting documentation. If the HSP is not submitted, the respondent will be considered non-responsive and the proposal is rejected. Execution of Proposal The execution of proposal must be included since it is what holds the respondent accountable for performing any duties submitted in the proposal, if selected. Renewal Options If there will be any options to extend or renew the contract, the terms should be listed in this section. You may also include a statement concerning the States immunity from funding contracts that extend beyond a legislative biennium, but a complete Funding Out clause should be a standard part of your contract terms and conditions.
Compensation and Fees A fee schedule and a breakdown of how the respondent will be paid if awarded are supplied in this section. Besides notifying the respondent of what fees are acceptable, you may also use this section to describe what fees are not acceptable: State and Local Taxes The State of Texas is exempt from paying certain taxes such as state and local (City, Transit Authority, etc.) sales tax. During the solicitation process, the ordering entity shall notify the respondents that purchases made for the state are not subject to Texas sales tax. Taxes of other states are not applicable if F.O.B. destination in Texas is specified. Use the following suggested language in your solicitations: Purchases made for state use are exempt from the Texas state sales tax and federal excise tax. In addition, Comptroller of Public Accounts recommends that a tax exempt statement appear on the front of each purchase order. In situations where solicitations require both labor and materials, the state is exempt from the tax paid by the vendors on behalf of the state for the incorporated materials they supply when performing a labor and materials contract job. The vendor must ALWAYS pay the tax unless the materials will be used entirely for the state's project. Vendors must pay tax on the purchase and rental of equipment, accessories and repair and replacement parts for equipment.
Federal Taxes The State of Texas is exempt from paying federal excise taxes. Taxes, Fees and Surcharges Paid by the State Telecommunication Services - Current information regarding taxes, fees, and surcharges on telecommunication services is available on the Department of Information Resources website. State Motor Fuels Tax - Agencies are required to pay the state motor fuels tax on gasoline and diesel fuel. However, agencies holding either a Dyed Diesel Fuel Bonded User permit or Dyed Diesel Fuel Signed Statement registration are not required to pay the state motor fuel tax on dyed diesel fuel purchased for use in offhighway equipment. State agencies may request a refund of state motor fuels taxes paid on gasoline and diesel fuel used in offhighway equipment. Agencies should contact the Comptroller of Public Accounts for information on obtaining a diesel fuel permit or requesting a refund. Tax Exemption Certificates State and Federal Tax Exemption Certificate forms are available in the Procurement Forms Library on the CPA website. http://www.window.state.tx.us/procurement/tools/proc_forms/index.html
Minimum days for Advertisement 14 calendar days 21 calendar days 30 calendar days
Include: A short title and a brief description of the goods or services to be procured and any applicable state product or service commodity codes for the goods and services; The last date and time on which bids, proposals, or other applicable expressions of interest will be accepted; The estimated quantity of goods or services to be procured; If applicable, the previous price paid by the ordering entity for the same or similar goods or services; The estimated date on which the goods or services to be procured will be needed; The name, business mailing address, and business telephone number of the ordering entity point of contact to obtain all necessary information related to making a bid or proposal or other applicable expression of interest for the procurement contract; and The agencys purchase requisition number.
PRE-PROPOSAL CONFERENCE
Purpose
The general purpose of a pre-proposal conference is to facilitate a clear understanding of the requirements in the RFP.
Announce conference is being recorded, if applicable. Advise attendees to turn off or set to vibrate any cell phones or pagers. Remind everyone to sign in, especially for mandatory conferences. Make sure that attendees provide an email address. Introduce agency representatives. Introduce attendee's. (optional depending on number attending conference) Review solicitation by section or page and ask for questions regarding each section and/or page. (Do not read the RFP word for word summarize and allow for questions), All questions of a technical nature must be submitted in writing. Cover any addendum items or significant developments since the initial posting of the RFP. Site inspections may be conducted prior to or after the solicitation review, depending on the circumstances, but prior to close of the conference. After site inspections all attendee's should return to the conference room to ask any questions as a result of the site inspection. Recap Discuss and confirm the items to be included in addendum, if any. Remind attendees that oral statements are not binding. Only written responses included in the specifications or addenda apply to the solicitation. Collect sign-in sheets. Note: Usually attendees want copies of the signin sheets. If possible, make copies for attendees prior to the end of the conference.
After the conference: Keep recorded conference minutes in the contract file as official documentation of the meeting. The minutes may or may not be transcribed. Purchaser prepares addendum with input from the program staff. Program staff will review for accuracy prior to posting. Purchaser will determine if there is sufficient time until solicitation opening or if solicitation date should be extended. Mail or fax addendum to pre-proposal conference attendees if needed. Send copy of addendum to program staff. If architectural or engineering plans are involved, advise program staff to provide a copy to the Architect or Engineer so they can provide copies to the plan rooms. Post addendum on the Electronic State Business Daily.
Format
The State of Texas Contract Management Guide also outlines a basic format to use when holding pre-proposal conferences. Opening Purchaser introduces agency representatives and explains their roles in the procurement. Introduction Attendees introduce themselves and identify the company they are representing. Solicitation Overview/Review This is the main focus of the conference. The document is reviewed page by page or section by section. It is not necessary or recommended to read the entire document, but the entire document should be addressed. Questions should be answered as the pages or sections are discussed. Closing Summary Summarize the changes that were agreed to be made through the issuance of an addendum. Review any unanswered questions to be addressed at a later date. Remind attendees that no oral changes are binding; the changes must be in the form of a written addendum.
RFP OPENING
Unlike the opening of an IFB, the only information read aloud during a RFP opening is the names of the respondents. The primary reason for this is because of the respondents opportunity to offer a Best and Final Offer (BAFO) and the purchasers opportunity to negotiate. The RFP opening must occur at the time, location and date specified in the RFP.
EVALUATING RESPONSES
Evaluation Criteria
Evaluation criteria are the factors used to determine which of the competing proposals best meet the identified needs. In establishing effective evaluation criteria, an agency must clearly prioritize the components of services requested. The proper evaluation criteria will form an evaluation plan that will provide a common standard for judging the merit of competing offers. Evaluation criteria should be individually tailored to each RFP. These criteria often include program design, technical ability, personnel qualifications, past experience and performance, monitoring and continuous improvement systems, performance measurement methodologies, and cost/price analysis. All evaluation criteria and relative weight must be included in the RFP document. To establish the relative importance of evaluation criteria, the RFP may simply state that the evaluation criteria are listed in order of relative importance. Alternatively, the RFP may state that all criteria are of equal significance. Scoring rubrics will also be distributed along with the RFP. Standard evaluation criteria include: Company Information Proposed Services Experience and Qualifications Compensation and Fees References
Each criterion is also assessed a weight, and that weight corresponds with the level of importance associated with the criterions reference to the objective of the project. Example: Criteria Company Information Proposed Services Experience and Qualifications Compensation and Fees References Weight 5% 5% 10% 70% 10%_ 100%
The Score Tabulation section of this workbook discusses scoring in more detail.
SCORE TABULATION
General Information
Proposals can only be evaluated and scored based on the criteria submitted in the RFP. Along with the criteria, the individual responsible for composing the solicitation should have also included the scoring methodology that will be used when it is time to evaluate and score respondents proposals in comparison to the criteria. The committee may decide to seek best and final offers from one or more respondents. The committee may request only one best and final offer. Respondents may not request an opportunity to submit a best and final offer. The procurement officer must be notified of the respondents who are provided the opportunity to submit best and final offers and the areas to be addressed. The procurement officer will send out the request for best and final offers in a letter stating the areas to be covered and the date and time in which the best and final offer must be returned. Proposal scores are adjusted in light of the new information received in the best and final offer. Additional points cannot be given. A best and final offer cannot be requested on price/cost alone unless so stated in the RFP.
Scoring Methodologies
Scoring is defined as the process of systematically assigning values to results. Relating that definition to the RFP process, scoring is used to assign a value to criteria that have been identified as critical to the success of a project. There are two components applicable to scoring an RFP: qualitative and quantitative. Qualitative scoring methodologies do not involve numbers, but assess value by alternate means. An example of this method would take criteria and evaluate the respondents compliance using pre-determined designations such as poor, fair, good, and excellent. Quantitative scoring methodologies assign a numerical value to the respondents ability in comparison with the criteria. Examples of each method are provided on the following pages.
Example of Qualitative Scoring Methodology Vendor Name ABC DEF GHI JKL Past Performance Fair Poor Excellent Excellent Financial History Excellent Good N/R Poor Experience Good Fair Poor Good
Excellent = Exceeds expectations Good = Above expectations Fair = Meets Expectations Poor = Does not meet expectations N/R = Non-responsive
Based on this scoring methodology, vendor ABC will most likely be awarded the contract. Example of Quantitative Scoring Methodology Vendor Name Past Financial Experience Performance History ABC 1 4 3 DEF 1 3 2 GHI 4 0 1 JKL 4 1 3
4= Exceeds expectations 3= Above expectations 2= Meets Expectations 1= Does not meet expectations 0 = Non-responsive
After the scores in each row are totaled, again it seems as though vendor ABC will receive the contract.
Another quantitative scoring methodology is the weighted technique. Not only is a numerical value assigned to the respondents ability in comparison with the criteria, but the each criterion is given a weight according to its importance. Example of Weighted Scoring Methodology Vendor Name ABC DEF GHI JKL Past Performance (.3) 1 1 4 4 Financial History (.1) 4 3 0 1 Experience (.6) 3 2 1 3
4= Exceeds expectations 3= Above expectations 2= Meets Expectations 1= Does not meet expectations 0 = Non-responsive
Using this method, you would assign each vendor a score of 1-4, just like the previous method, but you would then multiply that score by the assigned weight. Vendor ABC = 1 *(.3) + 4 * (.1) + 3 *(.6) = 2.5 Vendor DEF = 1 *(.3) + 3 * (.1) + 2 *(.6) = 1.8 Vendor GHI = 4 *(.3) + 0 * (.1) + 1 *(.6) = 1.9 Vendor JKL = 4*(.3) + 1 * (.1) + 3 * (.6) = 3.1 Using this method, Vendor JKL, not Vendor ABC, will be awarded the contract. This is because the criterion Past Performance is worth 30% of the total score, and Vendor ABC only scored a 1 in this category and Vendor JKL scored a 4. Even though Vendor JKL scored a 1 in the Financial History category, the criterion is not as crucial as it is only weighted 10% of a respondents total score. It is also important to note that Vendor GHI could not be awarded the contract regardless of their score, because they did not submit financial history information. This is indicated by the 0, meaning non-responsive.
Vendor Award
The determination for contract award is a result of the scoring and BAFO process. After best and final offers are received, scores are adjusted and reported to the evaluation committee members. At a final meeting, the committee discusses the new information and selects the proposal that provides the best value for the State of Texas. It can be that multiple respondents provide best value on various areas in the RFP. If this is the case, then if feasible and stated in the RFP, multiple awards can be made. A recommendation of award letter is issued to the newly selected vendor(s). This letter explains to the vendor(s) that their proposal is recommended for award; however, the final authorization has yet to be received by the executive management of the agency. This letter should request for all insurance and bonds to be submitted to the agency by a specified date. The letter should also state that failure to submit requested information by the deadline is just cause for contract forfeiture.
Notification
After executive approval is received along with all requested documentation from the vendor, a notice to proceed is sent to the vendor(s). This letter states that the vendor(s) was selected for award and thereby officially entered into contract with the State of Texas. The vendor(s) is now expected to provide the work defined in the RFP. After the vendor is notified, the notice of award must be posted on the Electronic State Business Daily (ESBD). The notice will provide: Requisition Number o As it was listed in the original ESBD posting Class/Item Code Agency Name Bid Title o As it was listed in the original ESBD posting Dollar Amount Awarded Bid Status o Was it a full award, partial award, multiple award, or cancelled? All or part of award went to HUB vendor(s) Vendor Name Vendor Address
Certain procurements must also be reported to the Legislative Budget Board (LBB) no later than ten (10) days after contract award. . These include: Consulting Services Contract greater than $14,000 Professional Services Contract greater than $14,000 Construction Services Contract greater than $14,000 Major Information Systems Contract greater than $100,000 Good or Services Contract greater than $50,000 or greater o In this section a contract does not include: a contract that has been reported to the Legislative Budget Board under 2054.008, 2166.2551, 2254.006, or 2254.0301, Government Code; a purchase order; an interagency contract; an interlocal agreement; a contract with a value of less than or equal to $50,000; or a contract paid only with funds not appropriated by the General Appropriations Act.
Also, any contract with an expected value of $5,000,000 or greater must be posted to the ESBD upon award. This posting will remain available for public viewing for the initial contract term.
CONTRACT ADMINISTRATION
Vendor Performance Tracking
As the procurement professional at your agency, you might be responsible for not only the procurement of a good or service, but also for the administration of the contract after it executed. The primary factor of successful contract administration is communication. You must solicit feedback from the end-user concerning a vendors performance and relay those concerns to the vendor. Likewise, if the vendor is experiencing problems with the agency concerning the contract, you must be able to resolve those issues. One tool that the State of Texas uses to aid contract administration is the Vendor Performance Tracking System (VPTS). All procurements made through delegated authority granted by or from contracts administered by the CPA exceeding a value of $25,000 must report on a vendors performance using this system.
PROCESS CHECKLIST
Review the Process
Assemble a file Select an evaluation team Assist in specification development Notify CAT/QAT if dealing with a major contract Prepare the following: o pre-proposal conference agenda o pre-proposal conference sign-in sheet o addenda o score matrix o team briefing o non disclosure agreement o nepotism form Receive proposals Qualify proposals Make copies of proposals (if necessary) Distribute proposals to the evaluation committee Make initial tabulations Conduct interviews/presentations Request BAFO Make final tabulations Recommend respondent(s) for award Issue recommendation letter Receive award concurrence from executive management Issue notice to proceed Post award to ESBD Notify LBB and CPA if necessary Administer contract until completion Vendor Debrief
CONGRATULATIONS
You have successfully completed RFP Boot Camp! Now get out there and compose masterful solicitations that result in best value acquisitions for the State of Texas.