Procurement Regulation Changes APSPM PIM37

To: Management Council Members, VPs of Finance, and Business Managers

From: Shared Services Center

Area: Procurement

Reason: Procurement Regulation Changes APSPM PIM37

Date: July 21, 2020

SSC continues to strive to provide helpful services for our Colleges. The Procurement team has completed an in depth review of the annual changes to the Procurement regulations that took effect July 1, 2020. To ensure that all those impacted by these changes within the VCCS have the opportunity to understand these changes, the Procurement Team has provided a summary of the changes below and an attached snapshot of the regulation before and after the changes (orange font highlights the change within the section).

Summary of APSPM PIM37 Changes

PIM37 – Change Review.pdf

APSPM Cite DPS Summary of Change SSC Procurement Notes
1.5.b Updates dollar threshold from “$30,000 to $100,000” 1.5b is within the Competitive Exemption section. This change increases the threshold of the 17 specific exemptions. For example, the competitive cumulative threshold for academic consultants is now $100,000.
1.5.b.5 Deletes In the Competitive Exemption section list of specific exemptions was reduced from 18 to 17 specific exemptions. Specialized or proprietary training now requires competition above $10,000.
1.5.b.18 Adds “a one-time” in the parentheses Thus exemption is for testing or evaluation of goods for First Article Inspection purposes. For VCCS, the primary testing exemption we would use for students is 1.5.b.15 Academic Testing Services.
Annex 1-A Updates posting requirements This change removes the VBO posting requirement for Professional Services over $30,000. Professional Services small purchase threshold is $80,000.
2.1.b Deletes “sheltered workshops and inserts “Employment Services Organizations” in the second sentence This change is a titling correction update under Virginia Correctional Enterprises (VCE).
2.1.e Updates VDC section In addition to all of the new language and guidance added to this section, some clarifying language was added to the remainder of the section. This new section clarifies that a waiver is needed for items or similar items that are available from VDC even if the item does not show in-stock. For example, if VDC does not have stock on a specific ‘face covering’ we cannot just procure one elsewhere, we must obtain a waiver first.
2.4 Adds language regarding online catalogs This changes recommends that Purchasing offices use on-lines catalogs instead of paper catalogs wherever possible
3.1.a.b.c Exempts rail construction or design This change exempts rail construction and design from the high risk contract section along with IT and road that were already exempted. This change does not apply to VCCS.
3.1.b.1.b, 3.1.c.1.b Replaces “solicitations” with “contracts” In the High Risk Contract Award and Renewal section this corrects the verbiage from ‘solicitation’s’ to ‘contract’s’
3.1.d Adds “High-Risk Contract Reporting” section The High Risk Contract section was introduced as requirements for agencies beginning in PIM36, July 1, 2019. This section adds specific requirements for the performance of contracts to be reported to DGS in addition to just the renewal modifications. For example, we will need to begin reporting the performance indicators required in the bookstore contracts to DGS.
3.2.c Clarifies posting an addendum This change simplifies the requirement from locating all potential bidders or offerors to just posting the addendum in eVA.
3.2.d Clarifies canceling a solicitation posting requirements Removes language regarding solicitations outside of eVA as they are no longer applicable
3.2.g Deletes “original” and “in ink” from the second sentence and deletes the fourth sentence This is a significant change that allows for solicitation responses to be signed (accepted or verified) electronically. Previously these documents were required to be signed in ink. If a vendor would like to submit their bid or proposal outside of eVA they may do so with an electronic signature.
3.8.b Adds “unless specifically exempted in the Acts of Assembly” to the last sentence Clarifies that the DGS approval is not required for the use of Cooperative contracts awarded by other Commonwealth agencies for specific instances where certain contracts or other categories have been exempted by the General Assembly.
3.11.g.1 Adds “over” in front of $10,000 This is a clarification change for the dollar amount of the small business enhancement award priority.
3.11.g.2 Removes “and h” from the first sentence This change makes the correction from the already deleted section ‘h’ in 1.5 of PIM36 for the set-aside award priority section.
3.15.a Lists the Reciprocal Preferences separately This section is a complete re-write and the noted ‘before and after’ here (attached) is only the introduction. Review the APSPM for the complete information. This new section clarifies how to understand and apply reciprocal preferences in a more user-friendly manner.
3.16 Adds a method of procurement This change adds the Public Auction Sale as a method of procurement. This method of procurement was part of 3.30.a and not recognized as a method of procurement. It is now recognized as a method.
3.19 Updating posting requirements This change to public posting requirements removes the professional service posting reference and adds a note alerting everyone that the legislation that passed in March 2020 to require the use of eVA Sourcing & Contracting will take effect July 1, 2021. VCCS has already made the migration for the solicitation (Sourcing) and is in process on the Contracting with the intent to be compliant by the deadline.
3.2 Adds language about climate positive This change adds the climate positive (negative carbon footprint) requirement to the recycled goods section. For goods procurements and solicitations we shall consider recycled materials to the greatest possible extent.
3.28 Clarifies Personally Identifiable Information This change added language to recommend that agencies and vendors should strive to avoid collecting personally identifiable information as a means to protect the information. The special term & condition changed from 61 to 59.
3.3 Renames the section This section originally contained the two auction methods (public auction & reverse auction) and now they are separated into two sections where each are now considered a method of procurement.
3.31 Adds a new section Same as above.
Annex 3-B Adds “over” in front of $10,000 in the first chart, second paragraph This Annex is a summary of the procurement thresholds. This change is a clarification regarding the amounts.
4.15 Updates dollar threshold from $100,000 to $200,000 This change increasing the threshold from $100K to $200K for purchases for retail outlets (eg bookstores, gift shops, etc.) that are available for resale. These procurements still must flow through eVA.
4.16 Renames section This is a simple titling change for the conference section.
4.16.b Adds “over $10,000 but” in the first sentence and updates dollar threshold from $30,000 to $100,000 This change clarifies the single quote under $10,000 in the conference section and increases the competitive threshold for the conference quoting procedure to $100,000.
4.16.c Deletes the first sentence This change deletes the written solicitation threshold range for conferences that is no longer applicable.
4.17.b Updates dollar threshold from $30,000 to $100,000 This change consistently moves the conference competitive threshold throughout the Chapter.
4.23.e Adds “over” in front of $10,000 in the fourth sentence and deletes the last sentence Removes the public posting requirement for Professional Services to align with the small purchase threshold.
Annex 4-A, Annex 7-D, Annex 8-D, Adds “sexual orientation, gender identity” to the note section These changes add the additional discrimination criteria to the note attachments to the bottom of:
Annex 8-F
Annex 4-A: Agency Purchase Order
Annex 7-D: Standard Contract Cover Page
Annex 8-D: Standard Contract Cover Page
(noncompetitive)
Annex 8-F: Contract Award Notice
Annex 6-I, Annex 7-G Updates template and adds instruction for when to use. This change adds the eVA Sourcing & Contracting Module instructions and updates the templates for the Small Business Subcontracting Plan to be used for solicitations
Annex 7-A -Adds “subject-matter” to the first box on the left This change specifies the panel member requirements and responsibility in evaluation in the Competitive Sealed Proposal process flow.
-Removes “& score” from the seventh box on the left
Annex 7-B, Step 3 Adds language regarding subject matter experts to the first paragraph This change adds the new minimum requirement for at least one subject-matter expert to be on a Request for Proposal evaluation committee.
Annex 7-B. Step 9.III.C. -Deletes “consensus” from the first sentence This change specifies the option for consensus scoring in addition to averaging on the consensus evaluation form for the RFP process.
-Adds “consensus or” and deletes “and points assigned” in number 4
8.1.c Adds the requirement to complete Annex 8-G This change adds the requirement to have all procurement employees that have sole source responsibility sign a Public Procurement Ethics & conflict of Interest Agreement.
Annex 8-G.E Clarifies the note section This change removes evaluation/selection segment of a sole source procurement and adds sole source procurement to specify the type of procurement method during the Conflict of Interest declaration responsibility.
9.3.a Clarifies emergency approvals This change adds the option to forgo the Emergency Justification Form in a declared state of emergency and inclusion of the Executive Order in the procurement file (Purchase Requisition attachment), alternatively.
10.3 -Deletes “vendor” and adds “procurement” to the last sentence This changes elaborates on the requirements of the documents to be kept in the procurement file that relate to a procurement complaint, if applicable.
-Adds “to include all documentation of the procurement complaint process” to the last sentence
10.11.b.1. & 2. Deletes sections This change eliminates the specific language regarding limits for the pcards (small and gold card). Those specifications, if not individualized are managed by the Department of Accounts (DOA).
10.16 Renames section “Complaints” This change changes the titling in the Vendor Default section to Complaints (procurement).
10.16.a. & b. Adds language regarding how to file a complaint This procurement complaint section has been re-written to give detailed guidance to managing a procurement complaint, including the Agency obligated response times to a vendor (please review the before & after for more details).
10.17 Removed “Vendor Performance Complaint” section and added “Notice to Cure” section This change is a continuation of the reorganization and rewriting of the procurement complaint process and guidance’s (please review the before and after for change details).
10.18 Removed “Notice to Cure” section and added “Default” This change is a continuation of the reorganization and rewriting of the procurement complaint process and guidance’s (please review the before and after for change details).
Annex 10-H -adds new email address to the first page in the note section number 3 and deletes the mailing address. This changes migrates the Procurement Complaint Form from physical mailing addresses to email addresses.
-adds a new email address to the second page in the note section and deletes the mailing section
12.2.a Clarifies ownership of IT assets This change updated the ownership of IT assets from Northrop Grumman as part of an Agreement to VITA ownership.
13.4 Updates web address and contact information This change updates web addresses and contact information for specifications/purchase descriptions.
13.6 Adds contact information This change updates web addresses and contact information for Contract Compliance Assistance.
13.13 Deletes The sample service solicitations are no longer available.
Annex 13 A Updates location of DGS/DPS Purchase Requisition and Instruction The Purchase Requisition changed from an actual form to web address where the form and instruction can be found.
14.3.c Deletes “Shelter Workshops” and inserts “ESOs” throughout the section This change is a titling correction update under Virginia Correctional Enterprises (VCE).
14.6.c Adds a note to the section This change to public posting requirements removes the professional service posting reference and adds a note alerting everyone that the legislation that passed in March 2020 to require the use of eVA Sourcing & Contracting will take effect July 1, 2021. VCCS has already made the migration for the solicitation (Sourcing) and is in process on the Contracting with the intent to be compliant by the deadline.
14.6.e.ii Adds performance posting requirements for high risk contracts This change adds that performance requirements for high risk contracts in 3.1.d shall be posted through eVA Sourcing & Contracting.
14.12 Deletes “evabilling@dgs.virginia.gov” and adds “eVABusinessManager@dgs.virginia.gov”
The email address for reporting the self-certification for eVA fees has changed from evabilling@dgs.virginia.gov to evabusinessmanager@dgs.virgina.gov
14.14 Changes $5,000 to the cardholder’s transaction limit or less This change removes the $5,000 transaction limit for small purchase charge cards to be the cardholder’s transaction limit.
Appendix A, Charge Cards Changes $5,000 to the cardholder’s transaction limit or less This change removes the $5,000 transaction limit for small purchase charge cards to be the cardholder’s transaction limit in the Appendix section.
Appendix B, Section I, A., C., W, and adds CC. The changes to Appendix B Section I: Required General Terms & Conditions Goods and Nonprofessional Services
A: Vendor’s Manual – This changes adds the guidance for filing a complaint
C: Anti-Discrimination: This change adds the additional discrimination criteria for sexual orientation and gender identity. This section also adds the requirement for harassment training in C.d and detailed in term CC.
W: Non-Discrimination of Contractors – This section adds the additional discrimination criteria for sexual orientation and gender identity
CC: Civility in State Workplaces – This is a new section that details the new requirements for all contractor’s having regular interactions with state employees to complete harassment training either through their organization’s training program or by completing the DHRM training program and providing a completion certification
Appendix B, Section II, 2. A. Corrects a prior omission This change corrects an error in leaving out the language for ‘bidder’ in the sentence for the award clause.
Appendix B, Section II, 8 Changes reference for Additional Users This change updated the reference on the additional users of contracts granted by DPS clause.