APRIL 3-6, 2013, LONG BEACH, CA

APRIL 3-6, 2013, LONG BEACH, CACooperative Purchasing Programs

APRIL 3-6, 2013, LONG BEACH, CA

• This material is presented by CASBO Southern Section Purchasing Professional Council as information for school districts, county offices of education, and community college districts. It has not been reviewed by State CASBO for approval, and therefore, is not an official statement of CASBO.

• Content is provided for informational purposes only. All legal documents and opinions should be discussed and approved by the individual entity’s legal counsel.

Cooperative Purchasing Programs

CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

• Piggyback Bids• State Contracts• Cooperative Purchasing Groups



Definition of Piggybacking:

A procedure of procuring materials, supplies or equipment by utilizing another public entity’s award of an Invitation to Bid or Request for Proposal.

Piggyback Bids


Legal Basis for Piggybacking:

Public Contract Code Section 20118

Piggyback Bids


In order for a bid to be piggybackable:

1) The original bid by the awarding agency must contain a piggyback clause

2) The awarded vendor must agree that your agency can piggyback on the contract

Piggyback Bids


Steps to follow for successfully participating (piggybacking) on another agency’s bid:

1) Contact the awarding agency and have them forward you a copy of their bid documents

2) Verify the Terms and Conditions meet your district’s requirements.

3) Verify the bid was advertised and awarded legally

Piggyback Bids


Steps to follow for successfully participating (piggybacking) on another agency’s bid:

4) Verify the bid is still valid (check expiration date and possible contract renewals)

5) Verify that it’s in the best interest of your district

6) Take to your Board for approval

Piggyback Bids


Other Considerations: - bonds

- payment process

- using a piggyback clause in your

district’s bids

- annual blanket board approval for use of

piggyback bids and other cooperative

purchasing contracts

Piggyback Bids


Sample piggyback clause:Other school districts and public agencies may purchase under this

bid at the same prices, terms and conditions stated in these bid documents, at the discretion of the successful bidder.

Agencies participating in this bid shall be responsible for obtaining approval from their approving body of authority when necessary and shall hold the (School District/Public Entity Name) harmless from any disputes, disagreements or actions which may arise as a result of using this bid.

The (School District/Public Entity Name) waives its right to receive payment, and authorizes each district to make payment and place orders directly to the successful bidder.

Piggyback Bids


Pros:

- time constraints

- smaller districts

- unfamiliar with product/technology

Cons:

- may get better deal with own bid

Piggyback Bids


Can you piggyback on an RFP (Request for Proposal) for services?

Can you piggyback on an E-Rate bid?

Can you piggyback on a construction bid?

Piggyback Bids


Can you purchase through a bid that was not done in your county or state?

• CA Govt. Code 6500 defines “public agency” as including the federal government and other states/agencies

• Check bid conditions for geographical limitations• Check with your own legal counsel and/or County

Office of Education

Piggyback Bids


Legal Basis for utilizing State Contracts:

Public Contract Code Sections

10298 and 10299

State of California Contracts


State Contracts are also termed Leveraged Procurement Agreements (LPAs)

State of California Procurement Division website for LPAs:

http://www.dgs.ca.gov/pd/Programs/Leveraged.aspx



http://www.dgs.ca.gov/pd/Programs/Leveraged.aspx

Types of State Contracts:

• California Multiple Award Schedule (CMAS)• Western States Contracting Alliance (WSCA)• Statewide Commodity Contracts



California Multiple Award Schedule (CMAS)http://www.dgs.ca.gov/pd/Programs/Leveraged/CMAS.aspx

• PCC 10298 and 10299 authorizes• Not competitively bid by State of CA, but based on a

bid awarded on the Federal General Services Administration (GSA) schedule

• Local agencies no longer pay fees to CMAS• Process to utilize a CMAS contract• Services excluded from the CMAS program



http://www.dgs.ca.gov/pd/Programs/Leveraged/CMAS.aspx

Western States Contracting Alliance (WSCA)http://www.dgs.ca.gov/pd/Programs/Leveraged/wsca.aspx

http://www.aboutwsca.org

• Uses a “lead state” model in issuing cooperative solicitations

• Available to all State of CA governmental entities• When searching for contracts, recommend using the

State of CA DGS website, to ensure that CA has elected to participate in a particular contract



http://www.dgs.ca.gov/pd/Programs/Leveraged/wsca.aspx

http://www.aboutwsca.org/

Statewide Commodity Contractshttp://www.dgs.ca.gov/pd/Programs/Leveraged/contracts.aspx

• CA DGS Procurement Division administers contracts for use by State and Local government agencies

• Contracts are developed through competitive bidding• Check each contract’s user instructions to determine

if contract is available to local government agencies and if fees to DGS Procurement Division apply



http://www.dgs.ca.gov/pd/Programs/Leveraged/contracts.aspx

CalSAVEhttp://calsave.org

http://www.aepacoop.org• Operated by Monterey County Office of Education• Provides competitive piggybackable bids for use by

California K-12 education and other public agencies• Often utilizes AEPA bids (national organization)• Focus is on technology and instructional materials

Other Cooperative Purchasing Groups


http://calsave.org/

http://www.aepacoop.org/

U.S. Communities

http://www.uscommunities.org• Bids issued by Lead Public Agency on behalf of

U.S. Communities and 90,000 public agencies• Bid solicitations are advertised nationally• Participating agencies must register with

U.S. Communities• Wide variety of contracts available



http://www.uscommunities.org/

The Cooperative Purchasing Network (TCPN)

http://www.tcpn.org• Bids issued by Lead Public Agency• Bid solicitations are advertised nationally• Participating agencies must participate via agreement

with TCPN terms and conditions



http://www.tcpn.org/

National Intergovernmental Purchasing

Alliance Company (National IPA)

http://nationalipa.org• Bids issued by Lead Public Agency• Agencies complete a participation form and are

assigned an NIPA Participating Agency number



http://nationalipa.org/

Questions?

Thank You!



APRIL 3-6, 2013, LONG BEACH, CA

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