Okaloosa County BOCC — July 6, 2016 — Revisions — reading text

estimated costs including Fee or Profit, and explain variance to independent estimate. Identify areas for negotiation or areas to be challenged. Explain your conclusions regarding fair and reasonable pricing. 13. DISCOUNTS Review basis for Discounts and range between offers. ATTACH NARRATIVE COST ANALYSIS MEMO ADDRESSING ITEMS AS INSTRUCTED ABOVE. Price Analysis PO / Contract: ________________________________________________________ The evidence compiled by a price analysis includes:  Developing and examining data from multiple sources whenever possible that prove or strongly suggest the proposed price is fair.  Determining when multiple data consistently indicate that a given price represents a good value for the money.  Documenting data sufficiently to convince a third party that the analyst’s conclusions are valid. The pricing quoted on the attached sheet(s) is deemed to be fair and reasonable based on the following type of analysis: ____ Comparison with competing suppliers’ prices or catalog pricing for the same item. (Complete comparison matrix and attach supporting quotes or catalog pages.) ____ Comparison of proposed pricing with in-house estimate for the same item. (Attach signed in-house estimate and explain factors influencing any differences found. Complete summary matrix.) ____ Comparison of proposed pricing with historical pricing from previous purchases of the same item, coupled with market data such as Producer Price Index or Inflation Rate over the corresponding time period. (Attach data and historical price record). ____ Analysis of price components against current published standards, such as labor rates, dollars per pound etc. to justify the price reasonableness of the whole. (Attach analysis to support conclusions drawn.) SUMMARY MATRIX Item Proposed Average Competitor Competitor In-House Other Pricing Market A B Estimate Price DATE:____________________ PREPARED BY: _________________________________________ Attachments: Procurement Summary PROCUREMENT MEMORANDUM Date: Completed by: PO / Contract No. Source of Funding: Method of Procurement Micro Purchase: Competitive RFP: Competitive Bid: Small Purchase: A&E Services: Sole Source: Justification if Non-Competitive: Reason for the Procurement Contract Type: Rationale for contract type: Reason for Contractor selection or rejection: Lowest responsive, responsible bidder: Evaluation results were: Basis for Contract Price: Accepted contractor's proposed pricing: Negotiated Price (attached memorandum) Other: Cost / Price Analysis: The price offered by the supplier was within ____% of the independent estimate, and variance between the offerors constituted a range of ____. The competitive range was determined to be from $__________ Pricing discrepancies between the offers was attributed to ________________________________________ Other sources/data used to affirm price reasonableness were_________________________________ _ Summary of Responsibility and Responsiveness Checks Award Date of contract award: Board Approval (Attach Meeting Minutes): Change Orders Identify each and summarize reason for change, dates, cost analysis, time impact, and modification number. Procurement Decision Matrix Micro- Competitive Procurement Sole Source purchase Amount < Amount > $3,000 Approved by FTA $3,000 Multiple Multiple Sources OEM, Custom Item OR Sources Not an Emergency Only One Source OR Competition Inadequate after Solicitation OR Emergency/Public Small Purchase Exigency Amount < $100,000 Complete and Adequate Specification or Description Two or more quotes available Sealed Bid (IFBs) Type of Contract Complete and Adequate Fixed price Specification or Description Two or more responsible Firm fixed unit prices bidders willing to compete Selection can be made on the Cost plus fixed fee basis of price alone Firm Fixed Price Contract Time and materials No discussion with bidders Blanket purchase order required after receipt of bids Indefinite Delivery Indefinite Quantity (IDIQ) Competitive Proposals (RFPs) Complete Specifications Not Feasible Bidder Input Needed Two or more responsible bidders willing to compete Discussion needed with bidders after proposals Fixed price can be set after discussions OR Change Order Review Checklist INCLUDED Piggybacking Checklist Definition: Piggybacking is the post-award use of a contractual document/process that allows someone who was not contemplated in the original procurement to purchase the same supplies/equipment through that original document/process. ("FTA Dear Colleague" letter, October 1, 1998). In order to assist in the performance of your review, to determine if a situation exists where you may be able to participate in the piggybacking (assignment) of an existing agreement, the following considerations are provided. Ensure that your final file includes documentation substantiating your determination. WORKSHEET YES NO 1. Have you obtained a copy of the contract and the solicitation document, including the specifications and any Buy America Pre-award or Post- Delivery audits? 2. Does the solicitation and contract contain an express “assignability” clause that provides for the assignment of all or part of the specified deliverables? 3. Did the Contractor submit the “certifications’ required by Federal regulations? See BPPM Section 4.3.3.2. 4. Does the contract contain the clauses required by Federal regulations? See BPPM Appendix A1. 5. Were the piggybacking quantities included in the original solicitation; i.e., were they in the original bid and were they evaluated as part of the contract award decision? 6. If this is an indefinite quantity contract, did the original solicitation and resultant contract contain both a minimum and maximum quantity, and did these represent the reasonably foreseeable needs of the parties to the contract? 7. If this piggybacking action represents the exercise of an option in the contract, is the option provision still valid or has it expired? 8. Does your State law allow for the procedures used by the original contracting agency: e.g., negotiations vs. sealed bids? 9. Was a cost or price analysis performed by the original contracting agency documenting the reasonableness of the price? Obtain a copy for your files. Have you performed a market analysis of the prices to be paid and have you determined the price to be fair and reasonable and in the best interests of the Agency? 10. If the contract is for rolling stock or replacement parts, does the contract term comply with the five-year term limit established by FTA? See FTA Circular 4220.1F, Chapter IV, 2 (14) (i). 11. Was there a proper evaluation of the bids or proposals? Include a copy of the analysis in your files. 12. If you will require changes to the vehicles (deliverables), are they “within the scope” of the contract or are they “cardinal changes”? See BPPM Section 9.2.1. Note: This worksheet is based upon the policies and guidance expressed in (a) the FTA Administrator's "Dear Colleague" letter of October 1, 1998, (b) the Best Practices Procurement Manual, Section 6.3.3—Joint Procurements of Rolling Stock and “Piggybacking,”  Contract Clause Matrix APPLICABILITY OF THIRD PARTY CONTRACT PROVISIONS (excluding micro-purchases, except Davis-Bacon requirements apply to contracts exceeding $2,000) Professional Operations/ Rolling Stock Materials & PROVISION Construction Services/A&E Management Purchases Supplies No Federal Government Obligations to Third Parties All All All All All (by Use of a Disclaimer) False Statements or Claims All All All All All Civil and Criminal Fraud Access to Third Party All All All All All Contract Records Changes to Federal All All All All All Requirements >$10,000 if 49 >$10,000 if 49 >$10,000 if 49 >$10,000 if 49 >$10,000 if 49 Termination CFR Part 18 CFR Part 18 CFR Part 18 CFR Part 18 CFR Part 18 applies. applies. applies. applies. applies. Civil Rights (Title VI, EEO, >$10,000 >$10,000 >$10,000 >$10,000 >$10,000 ADA) Disadvantaged Business All All All All All Enterprises (DBEs) Incorporation of FTA Terms All All All All All Debarment and Suspension >$25,000 >$25,000 >$25,000 >$25,000 >$25,000 Buy America >$100,000 >$100,000 >$100,000 Resolution of Disputes, Breaches, or Other >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Litigation Lobbying >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Air >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Water >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 For property For property For property Cargo Preference transported by transported by transported by ocean vessel. ocean vessel. ocean vessel.