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APRIL 3-6, 2013, LONG BEACH, CACooperative Purchasing Programs
APRIL 3-6, 2013, LONG BEACH, CA
• This material is presented by CASBO Southern Section Purchasing Professional Council as information for school districts, county offices of education, and community college districts. It has not been reviewed by State CASBO for approval, and therefore, is not an official statement of CASBO.
• Content is provided for informational purposes only. All legal documents and opinions should be discussed and approved by the individual entity’s legal counsel.
Cooperative Purchasing Programs
CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013
• Piggyback Bids• State Contracts• Cooperative Purchasing Groups
Cooperative Purchasing Programs
CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013
Definition of Piggybacking:
A procedure of procuring materials, supplies or equipment by utilizing another public entity’s award of an Invitation to Bid or Request for Proposal.
Piggyback Bids
CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013
Legal Basis for Piggybacking:
Public Contract Code Section 20118
Piggyback Bids
CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013
In order for a bid to be piggybackable:
1) The original bid by the awarding agency must contain a piggyback clause
2) The awarded vendor must agree that your agency can piggyback on the contract
Piggyback Bids
CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013
Steps to follow for successfully participating (piggybacking) on another agency’s bid:
1) Contact the awarding agency and have them forward you a copy of their bid documents
2) Verify the Terms and Conditions meet your district’s requirements.
3) Verify the bid was advertised and awarded legally
Piggyback Bids
CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013
Steps to follow for successfully participating (piggybacking) on another agency’s bid:
4) Verify the bid is still valid (check expiration date and possible contract renewals)
5) Verify that it’s in the best interest of your district
6) Take to your Board for approval
Piggyback Bids
CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013
Other Considerations: - bonds
- payment process
- using a piggyback clause in your
district’s bids
- annual blanket board approval for use of
piggyback bids and other cooperative
purchasing contracts
Piggyback Bids
CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013
Sample piggyback clause:Other school districts and public agencies may purchase under this
bid at the same prices, terms and conditions stated in these bid documents, at the discretion of the successful bidder.
Agencies participating in this bid shall be responsible for obtaining approval from their approving body of authority when necessary and shall hold the (School District/Public Entity Name) harmless from any disputes, disagreements or actions which may arise as a result of using this bid.
The (School District/Public Entity Name) waives its right to receive payment, and authorizes each district to make payment and place orders directly to the successful bidder.
Piggyback Bids
CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013
Pros:
- time constraints
- smaller districts
- unfamiliar with product/technology
Cons:
- may get better deal with own bid
Piggyback Bids
CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013
Can you piggyback on an RFP (Request for Proposal) for services?
Can you piggyback on an E-Rate bid?
Can you piggyback on a construction bid?
Piggyback Bids
CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013
Can you purchase through a bid that was not done in your county or state?
• CA Govt. Code 6500 defines “public agency” as including the federal government and other states/agencies
• Check bid conditions for geographical limitations• Check with your own legal counsel and/or County
Office of Education
Piggyback Bids
CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013
Legal Basis for utilizing State Contracts:
Public Contract Code Sections
10298 and 10299
State of California Contracts
CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013
State Contracts are also termed Leveraged Procurement Agreements (LPAs)
State of California Procurement Division website for LPAs:
http://www.dgs.ca.gov/pd/Programs/Leveraged.aspx
State of California Contracts
CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013
Types of State Contracts:
• California Multiple Award Schedule (CMAS)• Western States Contracting Alliance (WSCA)• Statewide Commodity Contracts
State of California Contracts
CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013
California Multiple Award Schedule (CMAS)http://www.dgs.ca.gov/pd/Programs/Leveraged/CMAS.aspx
• PCC 10298 and 10299 authorizes• Not competitively bid by State of CA, but based on a
bid awarded on the Federal General Services Administration (GSA) schedule
• Local agencies no longer pay fees to CMAS• Process to utilize a CMAS contract• Services excluded from the CMAS program
State of California Contracts
CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013
Western States Contracting Alliance (WSCA)http://www.dgs.ca.gov/pd/Programs/Leveraged/wsca.aspx
http://www.aboutwsca.org
• Uses a “lead state” model in issuing cooperative solicitations
• Available to all State of CA governmental entities• When searching for contracts, recommend using the
State of CA DGS website, to ensure that CA has elected to participate in a particular contract
State of California Contracts
CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013
Statewide Commodity Contractshttp://www.dgs.ca.gov/pd/Programs/Leveraged/contracts.aspx
• CA DGS Procurement Division administers contracts for use by State and Local government agencies
• Contracts are developed through competitive bidding• Check each contract’s user instructions to determine
if contract is available to local government agencies and if fees to DGS Procurement Division apply
State of California Contracts
CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013
CalSAVEhttp://calsave.org
http://www.aepacoop.org• Operated by Monterey County Office of Education• Provides competitive piggybackable bids for use by
California K-12 education and other public agencies• Often utilizes AEPA bids (national organization)• Focus is on technology and instructional materials
Other Cooperative Purchasing Groups
CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013
U.S. Communities
http://www.uscommunities.org• Bids issued by Lead Public Agency on behalf of
U.S. Communities and 90,000 public agencies• Bid solicitations are advertised nationally• Participating agencies must register with
U.S. Communities• Wide variety of contracts available
Other Cooperative Purchasing Groups
CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013
The Cooperative Purchasing Network (TCPN)
http://www.tcpn.org• Bids issued by Lead Public Agency• Bid solicitations are advertised nationally• Participating agencies must participate via agreement
with TCPN terms and conditions
Other Cooperative Purchasing Groups
CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013
National Intergovernmental Purchasing
Alliance Company (National IPA)
http://nationalipa.org• Bids issued by Lead Public Agency• Agencies complete a participation form and are
assigned an NIPA Participating Agency number
Other Cooperative Purchasing Groups
CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013
Questions?
Thank You!
Cooperative Purchasing Programs
CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013