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Non‐Responsive Suppliers
Wednesday, 01/14/15
Presented By: Michael Carter
Presenter’s Bio
• Experiences:
• Mohave Educational Services Cooperative: a non‐profitcooperative procurement agency for over 6 years
• Current position involves researching, developing, writing, analyzing, andmanaging cooperative contracts
• Currently serving 3rd term as President of the Grand CanyonChapter of NIGP
• Worked in the field of procurement for over 20 years
• Public procurement sector for over 7 years
Michael S. Carter, CPPBContract Specialist I, Mohave Educational Services Cooperative, Inc., KingmanArizona
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Non‐Responsive SuppliersTerminology
• NIGP has recently revised the term of“Vendors” to “Suppliers”
• Presentation has been updated to thenomenclature used by NIGP
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Non‐Responsive SuppliersTwo Areas to Discuss
• Suppliers responding to Solicitations
• Suppliers after Contract Award
(Main focus of Webinar)
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Non‐Responsive Suppliers
Non‐Responsive to Solicitations
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Non‐Responsive SuppliersSurvey
When do you consider an offer or bid to be non‐responsive:
1. Omission of pricing
2. Offer or Bid not signed
3. All requirements are not met
4. Determination of the evaluation committee
5. All of the above
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Non‐Responsive to Solicitations
• Not meeting the requirements determines abid or proposal as non‐responsive
All requirements should be clearly identified in thesolicitation
Include the factors for determining a bid or
proposal as non‐responsive
• Defined in statute or rules?
Look for definitions in your procurement rules
NIGP also includes definitions on their website
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Non‐Responsive to Solicitations
• Who makes this determination?
Contracting officer must reject any bid that fails tocomply in any material manner ‐ NIGP
Additional determinations can be made during anevaluation meeting
Decision should be unanimous by the evaluationcommittee
Statutes or rules may provide additionalrequirements
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Non‐Responsive to Solicitations
• Notifying non‐responsive supplier(s)
Phone call
Fax
Notifying non‐successful suppliers may be arequirement
Review your local statutes and codes
Consider debriefing supplier(s) after theprocurement ends
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Non‐Responsive Suppliers
Non‐responsive in an awarded contract
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Non‐responsive in an awarded contractPoll
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Non‐responsive in an awarded contractSurvey
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Non‐responsive in an awarded contract
• Who is affected by a supplier’s non‐responsiveness?
Stakeholders• End users
• Public
• Immediate staff
Funding• Funding in jeopardy due to missed completion deadlines
• Funding expires at end of fiscal year
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Non‐responsive in an awarded contract
• Who is affected by a suppliers non‐responsiveness?You are…directly!And it is not fun
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Non‐responsive in an awarded contract
• What is considered non‐responsiveness?
A response has not been received from thesupplier in a timely manner
What does the contract say?• Is your definition of timely response the same as defined inthe contract?
How was supplier initially contacted?
Solution provided is unacceptable
• Did not address the issue
• Unacceptable alternatives?
• Next steps?
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Non‐responsive in an awarded contract
• Why suppliers may not respond:
Your emergency is not considered an emergencyby supplier
Supplier has made a promise they can’t keep
Supplier has personal issues
Supplier is out of the office• Vacation
• Sick leave
• Termination
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Non‐responsive in an awarded contract
• What NOT to do
Panic• Make sound decisions for next steps and resolution
Ignore the situation• Most issues don’t resolve themselves
• Get involved
• Don’t be afraid to be assertive
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Non‐responsive in an awarded contract
• The Final Solutions:
Issue a Notice of Deficiency
Cancellation of contract
File suit against supplier
Disbarment of supplier
• Statewide disbarment
• Federal disbarment
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Non‐responsive in an awarded contract
Prevention
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Non‐responsive in an awarded contractSurvey
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Non‐responsive in an awarded contract
• Assign timelines on all action items you requirefrom suppliers
• Including response timelines on all communicationsmay save potential headaches later
• Set calendar reminders
• Allows you to update your stakeholders
• Good practice to get into
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Non‐responsive in an awarded contract
• Go on “Offense”
Establish best practices• Create a process for problem resolution
• Provide resolution updates to Stakeholders
• Provide updates to your supervisor when issue has beenescalated
• Review past experiences as a guide
Review local codes and laws regarding actions that canbe taken
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Non‐responsive in an awarded contract
• Go on “Offense” (cont’d)
Provide all timelines and expected milestones
Include the resolution process in the contract’sterms and conditions
Require an escalation contact over the supplier’scontract administrator
Request secondary contact for issues whenadministrator is “out‐of‐the‐office”
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Non‐responsive in an awarded contract
• “The Contract”
Outline any required completion timelines onservices or construction projects
• Create milestones
State all required delivery timelines
Some procurement methods allow completionincentives or rewards. Look to these as a possiblemethod of procurement.
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Non‐responsive in an awarded contract
Keys to Success
• Be ProactiveAddress concerns immediately
Contact supplier on any potential changes of concern. Recent supplier changes regarding:
» Corporate buy‐outs or take‐overs
» Main contact changes
» Carrier service changes
» Other changes
Create a Best Practices process
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Non‐responsive in an awarded contract
Keys to Success
• Develop a Prevent Defense:
React to any abnormalities
Review your contract language Timelines
Resolution Process
Be clear and direct on all
requirements in the contract
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Non‐responsive in an awarded contract
• Post mortem – create a ‘positive’ out of the‘negative’Document the entire issue and process frombeginning to end
Create a “Case Study”• Share with peers
• Present to NIGP chapter or group
Review best practices• Make any revisions or additions for future issues
Be available to assist other procurementprofessionals
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Non‐responsive in an awarded contract
• Resources:
NIGP Website (www.nigp.org):
• Definitions
• Contacts
N‐Site (available from the NIGP website)
• Peer Support
• Contacts
• Group Support
• Be sure to join or continue your membership with NIGP for these important resources!
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Non‐responsive in an awarded contract
• Thank you for attending
• Questions?