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Modernization Program Procurement Management Plan Version: 3.0 Revision date: May 2020 Q:\00 Program Management\Program Plans\Procurement Management Plan\Modernization Procurement Management Plan V3.0.docx Last revised: 5/28/2020 Page 2 of 17 TABLE OF CONTENTS Program Overview ........................................................................................................................................ 3 Document Purpose ....................................................................................................................................... 3 Document Relationships ............................................................................................................................... 3 Document Audience ..................................................................................................................................... 3 Risks, Assumptions, and Constraints ............................................................................................................ 4 Roles and Responsibilities ............................................................................................................................. 5 Procurement Strategy ................................................................................................................................... 8 Procurement Process .................................................................................................................................. 10 Planning a Procurement ............................................................................................................................. 12 Building a Procurement .............................................................................................................................. 12 Releasing a Procurement ............................................................................................................................ 12 Evaluating Bidder Responses ...................................................................................................................... 13 Contractor Insurance and Escrow Requirements ....................................................................................... 13 Detailed Procurement Plan and Procurement File ..................................................................................... 13 Document Maintenance ............................................................................................................................. 15 Approving Authorities ................................................................................................................................. 16 Appendix A – Agency Procurement Office Contract Checklist ................................................................... 17 TABLES AND FIGURES Table 1 – Roles and Responsibilities ............................................................................................................. 5 Q:\00 Program Management\Program Plans\Procurement Management Plan\Modernization Procurement Management Plan V3.0.docx Last revised: 5/28/2020 Page 5 of 17 Roles and Responsibilities Significant roles and responsibilities involved in a procurement process are described below. Table 1 – Roles and Responsibilities Role Responsibilities DAS Procurement Services While DAS Procurement Services may be consulted on any procurement matter, they are accountable for procurements above agency delegated authority. For these procurements, responsibilities include: Conducts procurements for products or services exceeding the agency’s delegated authority. This includes facilitation of interviews, bidder conferences, and contract negotiations. Serves as point of contact for communications with proposers throughout the procurement process up to the award of a contract. Provides guidance and support to the agency on procurement processes, policies, risk mitigation, and best practices. Drafts procurement documents and provides advice on compliance with rules, policies, or laws. Ensures compliance with procurement rules and policies. Maintains the official procurement and contract file. DOJ While DOJ may be consulted on any procurement matter, they have the following responsibilities for contracts requiring DOJ review: Participates in contract negotiations as requested. Provides legal guidance on contract statutes, rules, risk mitigation, and best practices. Ensures appropriate procurement and contracting methods are utilized, and contract language complies with applicable rules, policies, and laws. Reviews procurements and contracts for legal sufficiency when contracts exceed designated thresholds ($150K). Assists agency in resolution of procurement and contract disputes. Represents the state for contract legal matters. Q:\00 Program Management\Program Plans\Procurement Management Plan\Modernization Procurement Management Plan V3.0.docx Last revised: 5/28/2020 Page 6 of 17 Role Responsibilities Modernization Sponsor (Modernization Director) Makes decisions about products or services needed, procurement approach, and procurement budget. Provides direction on procurement and contract negotiation decisions. Approves funding decisions and expenditures within established budget authority (approval needed above established limits is escalated to the Modernization Executive Sponsor). Serves as the contract administrator and authorized representative for most 1modernization contracts. Approves contracts on behalf of the program. Modernization Program Manager Develops the procurement management strategy, and works with the agency’s procurement office and the Modernization Contract Project Manager to develop sufficient management processes that adhere to PMBOK best practices, Oregon statutes and rules, and agency policy. Participates in regular process assessments to evaluate whether processes are effective, efficient, and are being followed. Participates as a member of procurement teams. Modernization Contract Project Manager Develops and maintains the procurement management plan and conducts regular assessments to identify how processes could be improved. Coordinates procurements with Agency Procurement Office, DAS Procurement Services, and DOJ. Facilitates procurement teams to plan procurements, develop statements of work and evaluation criteria, and conduct solicitations. Manages procurement timelines, and works with schedulers to ensure procurement activities are reflected within the program and project schedules. Agency DPO (Agency Procurement and Contract Manager) Accountable for procurements and contracts within agency delegated authority. These procurements would be handled through the Agency Procurement Office. Provides signature authority for procurements within the agency’s delegated authority. Note: Agency director designates the Agency DPO and is a co‐signer for procurements exceeding agency delegated authority. The Agency Chief Financial Officer may act on behalf of the Agency DPO in their absence. 1 Exception: The Statewide Quality Assurance Program Manager administers the contract for independent quality management services. Q:\00 Program Management\Program Plans\Procurement Management Plan\Modernization Procurement Management Plan V3.0.docx Last revised: 5/28/2020 Page 7 of 17 Role Responsibilities Agency Procurement Office – Agency DPO or assigned Agency Procurement and Contract Specialist For procurements within the agency’s delegated authority: Conducts procurements for products or services, ensuring appropriate contracting methods are utilized, risks are mitigated, and contract adheres to rules, policies, or laws. Facilitates interviews, bidder conferences, and contract negotiations. Acts as point of contact for any communications with proposers throughout the procurement process up to contract award. Maintains the official procurement and contract file. For all procurements: Provides guidance and support on procurement processes, policies, risk mitigation, and best practices. Collaborates with the modernization team in planning procurements, developing statements of work and evaluation criteria, conducting solicitations, evaluating vendors, and developing contracts. Drafts procurement documents and ensures compliance with procurement rules, policies, or laws. Participates as a reviewer of procurement and contract documents. Serves as key liaison with DAS Procurement Services and DOJ on procurements exceeding the agency’s delegated authority. Procurement team Works together to plan procurements, develop statements of work and evaluation criteria, and may participate in evaluations and negotiations. Note: A procurement team is comprised of designated individuals from the modernization team, the agency’s procurement office, and agency business and technical subject matter experts. DAS Procurement Services and DOJ are involved as needed, and always for procurements exceeding delegated authority thresholds or as otherwise required by policy or law. Different individuals may be brought onto the team during different phases of a procurement. For example, different individuals may be involved in evaluations, while others may be involved in contract negotiations. Q:\00 Program Management\Program Plans\Procurement Management Plan\Modernization Procurement Management Plan V3.0.docx Last revised: 5/28/2020 Page 10 of 17 ADVISORY SERVICES The Modernization Program is large and complex. In addition to ensuring that agency staff have appropriate training and experience, best practices indicate that thoughtful engagement with external research, advisory, training, and consulting services can be a powerful contributor to success. As needs arise for such services, Modernization sponsors will initiate necessary research and procurements to obtain them. STAFF AUGMENTATION The agency will use internal and outsourced blended teams on modernization projects. Vendors will be utilized on projects when state staff do not possess the necessary qualifications or skillsets for specific bodies of work, are not available (capacity constraints), or the services and/or expertise needed are of an urgent or temporary nature. Procurement Process Because specific procurement processes are determined by DAS and Agency Procurement Offices, this plan only generally describes the roles, responsibilities, and processes involved. It is expected that processes for acquiring products and services will follow DAS policies and guidelines. DAS process, policies, and guidelines can be found on their website at https://www.oregon.gov/das/OPM/Pages/planning.aspx. Prior to initiating procurement activities, the Modernization Contract Project Manager will consult with the Agency Procurement Office to: Review product or services needed Identify the tools, skills, and/or expertise required Determine timing and duration of services Determine if procurement can be coordinated and combined with another project procurement Select procurement methods and resulting contract type Determine what requirements, such as DAS and SEIU mandated feasibility studies, need to be completed Determine whether procurement may exceed delegated authority thresholds Identify individuals to serve on a procurement and/or evaluation team Develop initial procurement timeline Develop a procurement checklist of tasks that need to be completed prior to releasing the solicitation Develop a contract checklist of items that should be included in the contract PROCUREMENT TEAM A procurement team will be assembled early in procurement planning. The procurement team is comprised of different stakeholders who will participate in the procurement. The procurement team will involve procurement experts to guide the procurement team on procurement and contract laws and policies, technical and subject matter experts who have a clear understanding of how the product or service must meet the business or technical needs, and individuals with the authority to approve procurements on behalf of the agency or State of Oregon. Q:\00 Program Management\Program Plans\Procurement Management Plan\Modernization Procurement Management Plan V3.0.docx Last revised: 5/28/2020 Page 11 of 17 Generally, the procurement team will include the Agency DPO, designated Agency Procurement and Contract Specialist, the Modernization Contract Project Manager, members of the modernization team, and agency business or technical stakeholders. DAS Procurement Services, EIS, and/or DOJ may also be involved for procurements that exceed the agency’s delegated authority or thresholds for legal sufficiency review. PROCUREMENT METHODS Procurements may use different approaches or methods. The priority order of procurement methods is specified by administrative rule (OAR 125‐247‐0200). The Agency Procurement and Contract Specialist can discuss these with the procurement team to select the method that is most appropriate. A partial list of standard procurement methods includes: Competitive sealed bidding according to ORS 279B.055 Competitive sealed proposals according to ORS 279B.060 Small procurement according to ORS 279B.065 Intermediate procurement according to ORS 279B.070 Sole‐source procurement according to ORS 279B.075 Emergency procurement according to ORS 279B.080 Special procurement according to ORS 279B.085 A cooperative procurement in accordance with OAR 125‐246‐0400 substantially uses a competitive sealed bidding or competitive sealed proposals method. CONTRACT TYPES There are different types of contracts that may be combined with different procurement methods. For example, a personal services contract may be firm fixed price or time and materials based, or a combination of the two. The agency prefers firm fixed price rather than time and materials contracts. A partial list of standard contract types includes: Fixed price Time and materials Cost reimbursement In some instances, a time and materials based contract may be the only option if using an existing statewide price agreement when developing a Service Order Contract (SOC) or Work Order Contract (WOC). In these cases, it will be expected that not to exceed (NTE) amounts will be listed per deliverable. CONTRACT SIZE General estimates are formed for how much the contract is expected to cost. The larger the contract amount, the greater the external processes involved, and the longer the procurement process takes. The path chosen differs based on the unique aspects of each procurement. If the agency’s delegated authority thresholds will be exceeded, DAS Procurement Services, EIS, and DOJ will be engaged in the procurement process. Q:\00 Program Management\Program Plans\Procurement Management Plan\Modernization Procurement Management Plan V3.0.docx Last revised: 5/28/2020 Page 12 of 17 Planning a Procurement As soon as a procurement for products or services is identified, a procurement team will be assembled to begin planning the procurement strategy and detailed needs. Generally, procurement planning will need to occur at least 2‐3 months before executing the procurement strategy. For larger procurements, this may take up to 6 months or more. The procurement team will make decisions that will drive the execution and management of a procurement. Some of the key topics that will be discussed and decided include: Scope of work and specifications Contract deliverables and acceptance criteria Critical business requirements Method of procurement Contract type Estimated schedule Estimated cost and budget Vendor performance measures (if applicable) Alternatives and contingencies Assumptions, constraints, and risks Team assignments and procurement deadlines Evaluation strategy and plan Proposal submission requirements Proposal evaluation criteria and scoring matrices Building a Procurement Typically, building a procurement starts with the development of a statement (or scope) of work and determination of the requirements, minimum/desired qualifications of vendor key personnel, and/or expected deliverables. The scope or statement of work becomes a part of the procurement package and will ultimately become the start of a first draft of the resulting contract. A procurement checklist will be developed and used to ensure all requisite activities are completed and to ensure the inclusion of critical items in the solicitation. The Modernization Contract Project Manager will facilitate the procurement team to draft the statement of work, specifications, and evaluation criteria to be used within the procurement package. In many cases, templates and formats for statements of work, requests for proposal, requests for quote, or other procurement documentation may be predetermined based on statewide master price service agreements, or state and agency standards. The Modernization Contract Project Manager will engage with Agency Procurement Office and/or DAS Procurement Services to identify and develop appropriate solicitation documents and prepare the procurement for release. Releasing a Procurement Procurements for which the agency has delegated authority will be released by the Agency DPO and act as point of contact for any communications with proposers through contract execution. For procurements exceeding delegated authority thresholds, DAS Procurement Services will release the solicitation and act as point of contact for any communications with proposers through contract execution. Q:\00 Program Management\Program Plans\Procurement Management Plan\Modernization Procurement Management Plan V3.0.docx Last revised: 5/28/2020 Page 15 of 17 Document Maintenance This document is maintained by the modernization team, specifically the Modernization Contract Project Manager, and will be reviewed semi‐annually to determine whether revisions are necessary. Periodic process reviews assess the effectiveness of program plans and processes. Any identified changes or improvements are incorporated in program processes and reflected within revisions to these program plans. All program plans are stored within the program’s file share located here: \\WPOEDFILL04\Modernization\00 Program Management\Program Plans\ Version Date Author Change Description V1.0 12/2018 Jennifer Hannan, Modernization Program Manager Initial version of the document. V2.0 7/2019 Jennifer Hannan, Modernization Program Manager Added document relationship section, added anticipated procurements for OCM and schedule advisory services, made adjustments throughout to address editorial changes and corrections to accurately reflect current process, refreshed all appendices to reflect current templates. V3.0 05/2019 Jenny King, Modernization Contract Project Manager Updates to plan made were primarily to address items from CSG QC review. Added additional section and verbiage in areas that were light or needed additional clarification. Q:\00 Program Management\Program Plans\Procurement Management Plan\Modernization Procurement Management Plan V3.0.docx Last revised: 5/28/2020 Page 16 of 17 Approving Authorities Ethan Benatan, Modernization Sponsor Date Modernization Director Keith Shribbs, Modernization Program Manager Date Jenny King, Modernization Contract Project Manager Date Heather Wyland, Agency DPO Date Agency Procurement and Contract Manager Keith Shribbs (May 28, 2020 11:50 PDT) Heather Wyland (Jun 2, 2020 09:54 PDT) Heather Wyland Jennifer King (Jun 2, 2020 09:58 PDT) Jun 2, 2020 Jun 2, 2020 Jun 2, 2020 Jun 2, 2020 Ethan Benatan (Jun 2, 2020 10:09 PDT) Ethan Benatan Q:\00 Program Management\Program Plans\Procurement Management Plan\Modernization Procurement Management Plan V3.0.docx Last revised: 5/28/2020 Page 17 of 17 Appendix A – Agency Procurement Office Contract Checklist Contract File Checklist According to OAR 125‐246‐0556, agencies must ensure procurement files contain the following items. This checklist helps maintain complete procurement files. CONTRACT REFERENCE: Click here to enter text. ☐ All Written documents delivered to an Agency from DAS Procurement Services, whether the documents relate to approvals, revocations, orders, modifications, or other actions, related to the documents’ subject matter and Action ☐ An executed Contract, if awarded, and any Ordering Instruments and Amendments ☐ The record of the actions used to develop and administer the Contract ☐ A copy of the Solicitation, if any ☐ The Contract Administrator and any delegates ☐ Any required findings or statement of justification for the selection of the Provider and sourcing method according to ORS 279A.200 through 279A.220 (Cooperative Procurement); 279B.055 through 085 (seven methods for Supplies and Services); 279C.100 through 279C.125 (Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services); or ORS 279C.300 through 279C.450 (Public Improvements); ☐ Documentation of Contract Administration according to OAR 125‐246‐0555 and if required by the selected procurement method: ☐ A list of prospective Providers notified of any Solicitation; ☐ The method used to advertise or notify prospective Providers; ☐ A copy of each Offer that resulted in the Award of a Contract; ☐ The record of any Negotiation of the Statement of Work and results; ☐ A record of all material Communications regarding the Solicitation by interested Providers according to OAR 125‐246‐0635; ☐ All information describing how the Provider was selected, including the method and basis for awarding the Contract; ☐ A copy of the Request for Special Procurement, if any; ☐ Documentation for a Federal Program purchase according to OAR 125‐246‐0360; and ☐ Documentation related to Cooperative Procurements according to OAR 125‐246‐0400.