|
|
Vendor Information Guide
1. INTRODUCTION
This guide has been developed to help prospective and current vendors understand the procedures necessary to supply goods and services to the Wichita Public Schools - Unified School District 259 - hereinafter USD 259. All inquiries should be directed to :
Unified School District 259
Purchasing Department
201 N. Water, Suite 626
Wichita, KS 67202
Phone (316) 973-4540
Facsimile (316) 973-4600
E-Mail Address Purchase@usd259.net
Web Address www.usd259.com/offices/purchasing
The USD 259 Board of Education understands the need to conserve funds. The competitive solicitation process is an important part of attaining that objective. Your role, as a vendor, helps in that effort. Thank you, in advance for you participation.
2. OFFICE HOURS
The normal business hours of the Purchasing office are Monday through Friday, 7:45 a.m. to 11:45 a.m. and 12:45 to 4:45 p.m. on all regular USD 259 workdays. Individuals wishing to meet personally with a purchasing officer are welcome and encouraged to contact the Purchasing office to arrange an appointment.
3. GRATUITIES
USD 259 policies prohibits employees from accepting, and vendors from offering, gratuities, premiums, or other incentives to any employee under any circumstances. Incentives may only be expressed in terms of quality, service, and price in your quotations. Business meals are permitted on a limited, reciprocal basis. Your cooperation is appreciated.
4. BECOMING A VENDOR
A vendor application with substitute W-9 form is available on our website at www.usd259.com/offices/purchasing.
These forms may be completed online and electronically transmitted to the Purchasing Department, using the "Vendor Information" button on our main page. You may also send request that a vendor application be mailed or faxed to you. All vendors must provide their Taxpayer Identification Number or Social Security number in order to be considered a prospective source for the purchase of goods and services. I is critical that vendors indicate the goods and services that they provide so they receive bid notifications in their area of interest.
5. EMERGING BUSINESSES
USD 259 endeavors to ensure equal access to business opportunities for all vendors without discrimination of any kind. To that end, it is a goal of the USD 259 Purchasing Department to offer Minority-Owned and Women-Owned businesses and Small Business Enterprise vendors an equal opportunity to conduct business. Currently, USD 259 does not require an official qualification or certification process for such businesses. If you are uncertain as to the status of your business, you may wish to contact the local/regional Small Business Administration office or Mid American Minority Business Development Council to access the agencies that can assist you with your determination.
The Purchasing Department offers all businesses the opportunity to meet with purchasing officers and with representatives of using departments. Vendors are generally asked to bring "line cards" or product information for USD 259 representatives. Gratuities or other trinkets will not be accepted during these meetings or any other time. Contact the Purchasing Department to arrange for such a meeting and note any equipment needs you may have to facilitate your presentation.
6. EQUAL EMPLOYMENT OPPORTUNITY
USD 259 requires that all vendors receiving purchase orders/contracts exceeding $5,000 be in compliance with the Kansas Act Against Discrimination (K.S.A 44-1001 et Seq).
7. PURCHASING POLICIES
USD 259 Purchasing Department conducts its operations in accordance with applicable Kansas statutes, federal guidelines and regulatory procedures. USD 259 Board of Education policies are available from our website: www.usd259.com.
8. PROCUREMENT METHODS
The Purchasing Department solicits formal pricing for items or services - above a policy threshold amount - through either a Request for Bid or Proposal (RFB/RFP).
9. REQUEST FOR BID (RFB)
A Request for Bid is the normal method used to solicit pricing for acquiring goods and services and is used when a product or service is readily available, easily described, and allows for award based upon the lowest price for the product or service meeting the specifications. The RFB includes a detailed description of the commodity, good and/or service USD 259 desires to purchase. This description may include brand names. Vendors may bid/propose an alternate only if it is equal in quality, design and performance. The vendor is responsible for demonstrating the alternate items meet specifications. The decision to accept an alternate rests solely with USD 259. All items that are bid must be new and of the latest edition, version, model, or manufacture, unless otherwise specified in the RFB.
Queries concerning specifications must be brought to the attention of the purchasing officer as soon as possible so any valid issues can be addressed. Verbal conversations with purchasing officers or the requesting USD 259 building/department are undocumented communications and do not waive or modify the requirements of a RFB/RFP solicitation. The purchasing officer will review all inquiries and, if a modification to the RFB/RFP is appropriate, will issue an addendum to all the vendors to whom the solicitation documents have been sent and will post the change on the website.
Bids will be opened in the Purchasing Department at the due date and time indicated in the bid document. Responses are publicly opened, read and held in review by the respective USD 259 building/department. Recommendations will be submitted and action taken at the next appropriate Board of Education meeting, if required.
10. REQUEST FOR PROPOSAL (RFP)
A Request for Proposal (RFP) asks for the vendor to provide a solution (e.g., service, construction or equipment) to meet a particular purpose. USD 259 will select the proposal for award which offers the best overall solution.
All responses to Requests for Proposals are publicly opened and acknowledged by the due date and time set forth in the proposal document. Contents are not displayed to the public. Recommendations will be submitted and action taken at a meeting of the USD 259 Board of Education, if required.
11. HOW VENDORS PROVIDE BIDS/PROPOSALS
A vendor should do the following when preparing and submitting a bid/proposal document to the USD 259 Purchasing Department.
1. Thoroughly read and understand the RFB/RFP documents, including all specifications, terms and conditions. Vendors should contact
the purchasing officer whose name appears on the solicitation documents for clarification of any information within the solicitation
document.
2. Submit the bid/proposal by the stated date and time, and follow submission and mailing instructions accompanying the RFB/RFP. Late
responses to the RFB/RFP will be stamped as "late", and returned to the vendor unopened.
3. It is understood the USD 259 is in no way responsible for the failure of any form of mail/delivery service.
4. Bids/Proposals for alternate products may be submitted, but are expected to meet or exceed the desired specifications.
5. Note any substitutes to the requested specifications either on the documents or in a letter of explanation accompanying the bid/proposal.
6. Indicate the price in the proper areas of the solicitation (in ink) for the unit size requested. Extended itemized prices with the total
bid/proposal price.
7. Corrections and clarifications of pricing must be made in ink and initialed by the vendor.
8. Indicate delivery terms and shipment information. If an extended period is inserted instead of a single shipping date, USD 259 will
consider the latest date in determining whether or not the bid/proposal is responsive if delivery is to be a determinant factor in the award.
9. It is understood that the vendor is totally responsible for checking their submission for accuracy and that an officer or authorized agent of
the vendor must sign the bid/proposal to be considered for award.
10. Include literature which will help USD 259 determine whether the bid/proposal meets specifications unless the solicitation
indicates literature is not required.
12. EVALUATING RESPONSES TO REQUEST FOR BID
The Purchasing Department reserves the right to reject any or all bids/proposals and re-solicit for pricing at any time after receipt of bids. The Purchasing officers evaluates the lowest bid received to determine if it is responsible and meets the specifications listed. If it meets specifications, a recommendation for award is made. Otherwise, the department/building requesting the item or service continues to review bids until the lowest responsible bid meeting specifications is identified.
Review factors that may be used (as defined in the bid solicitation) include, but are not limited to: unit price, installation costs, delivery costs, maintenance and cost of operating, etc. In case of a discrepancy between a unit price and its extension, the unit price will be considered correct. In the event multiple vendors submit identical pricing on a line item, the award will be determined in accordance with Purchasing Department policies.
13. EVALUATING RESPONSES TO REQUESTS FOR PROPOSAL
Use of the Request for Proposal (RFP) indicates USD 259's interest in soliciting solutions for a project, service, or technical project. It differs from a Request for Bid in that USD 259 is seeking a solution, not a bid meeting firm specifications for the lowest price. As such, the lowest price proposed will not guarantee a reward recommendation.
Responses to Request for Proposal are evaluated based on the most important features of a product or service. Quality, testing, reference, availability or capability, may be overriding factors, and price may not be determinative in the issuance of a contract or award. The proposal evaluation criteria should be viewed as standards which measure how well a vendor's approach meets the desired requirements and needs of USD 259. These criteria are set forth in the RFP.
USD 259 will utilize its best judgment when determining whether to schedule a pre-proposal conference (before proposals are accepted) or meetings with vendors after receiving proposals. The Purchasing Office will determine the award of competitive sealed proposals with the assistance from representatives of the building/department/division normally using the product or service.
The Purchasing Officer reserves the right to discuss any and all parts of the RFP with the proposers or request written clarification of proposal information or best and final offers when in the best interest of USD 259.
14. EXPEDITED MAIL SERVICE
Sealed responses to solicitations sent via expedited mail service (e.g., overnight letter, Federal Express, Airborne or UPS) are accepted unless so noted in the solicitation.
All solicitations must be received in the Purchasing Department by the date and time as stated in the solicitation document or they will be returned as stated above.
USD 259 will accept responses transmitted via a facsimile unless stated to the contrary within the solicitation document. Bids/Proposals must be received prior to the time and dates listed to be considered responsive. Wichita Public School will not "accept" late responses and will return them to the sender as described above. Further, USD 259 will NOT:
1. Provide guarantee security of the document received;
2. Be held responsible for documents that are NOT legible (and may choose to reject such responses); and,
3. Guarantee that the receiving facsimile machine or computer will accept transmission or that phone lines are functioning and available for
transmission. Submitting a proposal response via fascimile does NOT relieve the proposer of:
a. Responsibilities stated in the document (such as attendance at a mandatory pre-proposal conference.)
b. Providing informational items that must be returned with the response (diskettes, large drawings, photographs, models,
etc,); and
c. Providing original copies of bid/proposal sureties (bonds, certificates of insurance, etc.)
15. MISTAKES IN BIDS/PROPOSALS
Mistakes in response to bids/proposals, actual or alleged, are not uncommon and can present serious problems. No change or corrections will be permitted which would prejudice the interest of the public or would be unfair to other vendors. For this reason, remedies for mistakes in responses to bids/proposals become less available as the procurement process moves forward.
Prior to RFB/RFP due date/time, a vendor may correct a mistake or withdraw the bid/proposal by submitting an amendment to its response or by submitting a written request to their response be withdrawn.
After responses are opened, but before an award is made, a mistake may be corrected only if it is minor and the intent of the response is obvious; that is, only if the bid/proposal is in substantial compliance and the correction does not improve the vendor's competitive position. A multiplication error may be corrected in the extension of a price so that the unit price provided prevails. Where a mistake or omission is not evident in a response and a vendor points out an error with clear and objective evidence prior to award, it is common to allow the response to be withdrawn but not corrected.
Common mistakes made by vendors include.
1. Failure to keep solicitation mailing addresses current.
2. Failure to contact the Purchasing Department with questions or concerns regarding a solicitation.
3. Failure to submit a response to a RFB/RFP prior to the due date and time specified on the document.
4. Altering the terms and conditions of a solicitation.
5. Failure to provide the required evaluation information, such as but not limited to, technical, product testing samples or descriptive
documentation.
16. PROTESTS OF BID/PROPOSAL
SPECIFICATIONS AND RECOMMENDATION AWARDS
Complete policy information on the protest policy is available from the District's website www.usd259.com/policies. An abbreviated version of the policy is as follows. In general, a protest is defined as a written objection by and interested party to a bid or proposal, or to a proposed award, or award contract, with the intention or receiving a remedial result. The written protest must be filed a Purchasing Supervisor. The Purchasing Supervisor will acknowledge receipt of the protest and follow the process set forth in BOE policy P3305. A written protest is to include
1. Name and address of the one protesting.
2. Identification of the procurement or contract.
3. A statement of the reasons for the protest.
4. Supportive evidence or documentation to prove any claims.
5. Action the protestors wishes.
In the event of a timely protest the purchasing supervisor shall proceed no further until the protest is resolved. A protest may be resolved at any one of the following levels of appeal, in sequential order.
Protest of specifications
1. The specification(s) in question shall be reviewed by the purchasing supervisor and the appropriate personnel and a decision will be
rendered.
2. The specification(s) in question shall be reviewed by the Division Director or Operations and a written decision will be rendered which will
be final.
Protest of a proposed recommendation or award
1. The recommendation(s) in question shall be reviewed by the purchasing supervisor and the appropriate personnel and a decision rendered.
2. The recommendations(s) in question shall be reviewed by the Division Director of Operations and decision rendered.
3. If further action is desired the vendor shall request a meeting with an appeal committee appointed by the administration.
4. Should the decision of the appeals committee be unsatisfactory to the vendor, the vendor may submit a written request to the Clerk of the
Board of Education to appear before the Board of Education.
17. RE-SOLICITATION FOR PRICING
Occasionally it becomes necessary to re-solicit pricing for commodities and/or services. This may occur for the following reasons:
- All acceptable responses exceed the requesting department's cost estimates.
- None of the responses meet the required minimum specifications.
- None of the vendors responding will comply with the terms and conditions.
- The requesting department needs to change specifications or quantity, which will have an impact on the purchase scope; but due to timing,
such change cannot be handled by an addendum.
- No responses were received.
18. PURCHASE ORDERS
One of the final steps in the procurement processes the issuance of a purchase order or contract. This is accomplished by written notification to the lowest responsible bidder/proposer who meets the requirements and criteria in the RFB/RFP.
An official purchase order is a legal document which, when accepted by receipt and subsequent action, binds the identified vendor to provide the product or services referenced at the price determined. Purchase orders generally reference an official bid/proposal and the individual responsible for the submission of such.
The information reprinted, written and/or typed on the front of the purchase order constitutes a binding agreement/contract between USD 259 and the identified vendor.
A purchase order will include the scope of services, description of the item(s) required, quantity and pricing, the purchase agent, delivery location, delivery due date, FOB terms, and directions for submittal of invoicing.
Barring a response contrary, the vendor is presumed in agreement with the specified terms and will meet the obligations as indicated on the purchase order. Items must be delivered by the delivery date that has been agreed upon at the time the order was placed. Therefore, any discrepancies or disagreements must be conveyed immediately in writing to the Purchasing Department.
When necessary, followup action will be taken. A vendor must supply products and/or services according to the solicitation and award. Failure to comply accordingly within the stated time could result in contract cancelation.
19. CONTRACTS
Vendors are not to ship merchandise or perform services without a purchase order or contract issued by the Purchasing Department via fax, e-mail, U.S. mail or phone. Purchase order numbers need to appear on all shipments, delivery slips and invoices. All orders are to be shipped F.O.B., freight pre-paid to the indicated delivery point unless otherwise specified.
Occasionally, written contract are issued at the request of a vendor, or due to extensive instructions and conditions that cannot be stated in the limited space of a purchase order. In such cases, USD 259 will make every effort to provide sample contract language in advance for review. Any contract USD 259 is asked to sign will generally include:
1. Language that the referenced vendor will be in compliance with ADA, EEO, and Kansas Act Against Discrimination laws.
2. Funding-Out Clause languages for lengthy contracts that allow the district to void the contract should funding not be made available.
3. Language ensuring that the laws of the State of Kansas shall control any misunderstanding or grievance.
4. Signature blocks for elected officials and USD 259 administrators. Generally, USD 259 will request the vendor to affix seals and
signatures prior to USD 259 officials providing the same.
20. CONTRACT ADJUSTMENTS
Only the Purchasing Department has authority to modify a contract. If the requesting department's requirements change after the award, the Purchasing Department has sole authority to approve mutually acceptable modifications.
21. SURETIES
The Purchasing Department shall have the right to request any and all of the the following sureties from vendors to verify the ability of a vendor to provide described services. Typically, sureties are requested from vendors (bidders/proposers) performing construction, demolition, remodel, repair work or highly specialized and/or technical services.
Examples include:
1. Bid/Proposal Bond - To be submitted by the vendor with their response to a Request for Bid/Proposal in the amount of five percent (5%)
of the total amount bid/proposed. Such bond will be used to ensure that the awarded vendor will enter into a contract or accept a
purchase order to provide the agreed upon materials/services.
a. Vendors may provide such bond in the form of a Bid Bond from an accredited insurance company or certified/cashier's check made
payable to USD 259, as approved by USD 259's legal counsel and/or Risk Manager.
b. The Purchasing department shall have the right to retain the Bid/Proposal bonds of all vendors until as such time it is determined
that an award can be made.
2. Performance Bond - To be submitted by the vendor selected for award to assure USD 259 that the described/contracted
materials/services will be provided. Generally, the amount is equal to one hundred percent (100%) of the total amount bid/proposed.
a. Vendors shall provide such bond in an acceptable format from a Kansas accredited insurance company as approved by USD 259's
legal counsel and/or Risk Manager.
b. USD 259 retains the right to increase the amount of the performance bond to allow for contingencies or
modifications to contractual amounts.
3. Letter of Credit - To be submitted by the vendor selected for award to assure the financial capacity to provide goods and/or services
during a contractual period.
4. Labor and Material Payment Bond - To be submitted by the vendor selected for award to assure USD 259 that any/all
subcontractors will be compensated for work as directed by the general/lead contracting vendor. USD 259 will request such bond in
accordance with K.S.A. 60-1111 when the project amount meets or exceeds one hundred thousand dollars ($1000,000.00).
a. Vendors shall provide such bond in an AIA format from and accredited insurance company as approved by the District's Legal
Counsel and/or Risk Manager.
b. The Purchasing Department shall retain the right to request such bond for any amount.
5. Insurance Certificate -- To be submitted by the vendor selected for award to assure USD 259 the protection is available and that USD 259
is protected as an additional assured for provision of materials, labor/services, motor vehicle liability and worker's compensation
requirements. The USD 259 Risk Manager shall be consulted to determine the applicable amounts. Vendors shall provide a certificate
from an accredited insurance company and in a format approved by the Risk Manager and/or USD 259 Legal Counsel that will remain in
effect for the entire contractual period.
6. Financial Statements -- To be submitted by the vendor selected for award to assure USD 259 of their ability to fiscally provide the
described services. USD 259 shall retain the right to request audited/reviewed financial statements, current affidavits of
financial standings, annual reports, or conduct their own investigation to satisfy and protect its interest before entering into a contractual
agreement.
7. Corporate Resolution - To be submitted by the vendor selected for award to assure USD 259 of its right to conduct business within the
State of Kansas.
22. SUBMITTING INVOICES
To ensure that vendor invoices are paid in a timely manner, it is important that the description of the items and the prices match the purchase order. A purchase order allows for multiple payments to be made as goods and/or services are acquired by using departments. The invoice must contain the purchase order number. The invoice must be forwarded to the 'bill to address' as indicated on the purchase order. Contact the USD 259 Accounting Department, 201 North Water, Suite 619, Wichita, KS 67202, if payments are not received in the desired time.
Discrepancies between bill amounts and purchase order amounts should be addressed with the purchasing agent that issued the order.
23. SAMPLES
Samples, when required, must be furnished free of expense to USD 259. Samples not consumed in testing will be returned to the vendor, if requested, at their expense.
24. TRADE-INS
USD 259 may request bids/proposals for new equipment that involves trade-ins of used equipment. USD 259 reserves the right to purchase equipment either with or without trade-in.
25. VENDOR PERFORMANCE
Vendor performance is comprised of actual performance compared to promised performance. This includes but is not limited to: delivery date, ability to meet stated contract requirements, unauthorized split shipments, number of rejects due to poor quality and adherence to purchase order price. Unsatisfactory service, unethical or illegal conduct may result in removal from our authorized vendor list.
26. TAX RESPONSIBILITY
In most cases department and educations sites of USD 259 are exempt from paying state sales tax by: K.S.A. # 79-3606 (c) and (d)
However, in some situations a special exemption certificate must be issued prior to the beginning of the project. A "project" shall be defined as any service when both products or materials and labor are provided by a vendor. USD 259 will provide vendors a Kansas Sales Tax Exemption Certificate for each "project". There are neither minimum nor maximum limits. The Sales Tax Exemption Completion Certificate must be returned to the Purchasing Department Prior to final payment being made
Contact the Purchasing Department before you start work if you have any questions or concerns regarding whether a USD 259 purchase is exempt from sales tax.
27. LIMITED PURCHASE AUTHORITY METHODS
District employees often make district purchases with a USD 259 Procurement Card. These purchases are to be allowed as tax Exempt purchases using the district tax exempt number. Employees should have the tax exempt information with their procurement card. If difficulties arise with the processing of a district procurement card, please call the procurement card administrator's office at 316-973-4588.
28. JOINT GOVERNMENTAL PURCHASING
Occasionally, USD 259 will facilitate purchases with other gover | |