commonhealth for swammers ear

CommonHealth for SWaMmers Ear

Eugene AndersonDirector of

Policy, Consulting & [email protected]

(804) 786-1600

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Purpose

• Does the space from your left ear to your right ear feel full, unbalanced or inflamed at times? If so you could be suffering from SWaMmers ear

• This interactive session will test your knowledge of the Commonwealth's current SWaM program and provide tips and remedies for better pain management

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Definition – SWaM

• Includes Small Businesses, Women-owned Businesses and Minority-owned Businesses

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Definition - Small Business

• A business, independently owned or operated by one or more persons who are citizens of the U. S. or non-citizens who are in full compliance with United States immigration law, which, together with affiliates, has 250 or fewer employees, or average annual gross receipts of $10 million or less averaged over the previous three years

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Definition - Women-owned Business

• At least 51% owned by one or more women who are citizens of the United States or non-citizens who are in full compliance with the United States immigration law

• Must control the management and daily business operations to qualify as a Women-owned Business

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Definition - Minority-owned Business

• At least 51% owned by one or more minority individuals who are citizens of the United States or non-citizens who are in full compliance with the United States immigration law

• Must control the management and daily business operations to qualify as a Minority-owned Business.

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SWaM Exam – 17 Statements

• Answer True or False to each• Offer experiences and tips to your colleagues

???

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1. Statement (True or False)

• All DMBE-certified Women- and Minority-owned Businesses are also considered to be Small Businesses

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1. False (APSPM 3.10 b)

• DMBE-certified Women- and Minority-owned businesses shall also be considered Small Businesses when they have received DMBE Small Business certification

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Methods of Procurement include:

• Small Business Purchase Procedures• Competitive Sealed Bidding• Competitive Negotiation• Sole Source• Emergency• Reverse Auctioning

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2. False (VPPA § 2.2-4303) Methods of Procurement include:

• Small Purchase Procedures• Competitive Sealed Bidding• Competitive Negotiation• Sole Source• Emergency• Reverse Auctioning

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• It is mandatory that all purchases up to $50K be set-aside for DMBE-certified Small Businesses unless the price is not fair and reasonable

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3. False (APSPM 3.10 g)

• Procurements up to $50K are exempted if: – Exempted from competitive requirements in 1.5 b,

c, d and e; or in 14.9 b items 1-4, 6-16, and 18-28– Existing mandatory sources like VDC, VIB & VCE – Nonprofit sheltered workshops– Existing mandatory or optional statewide

contracts

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• Revenue contracts (e.g., scrap, recycling or contracts with $0 payment made by the Commonwealth, e.g., contracted out Bookstore, Food Service operations) up to $50K are exempt from Small Business set-asides

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4. True (APSPM 3.10 g)

• Revenue contracts are exempt from Small Business set-asides

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• Emergency purchases up to $50K are exempt from Small Business set-asides

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• Emergency purchases up to $50K are not exempt from Small Business set-asides

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• Purchases from nonprofit sheltered workshops are exempt from the set-aside requirements because these workshops are considered to be DMBE-certified Small Businesses

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• Purchases from nonprofit sheltered workshops are exempt from the set-aside requirements by DPS regulation

• These workshops are nonprofit entities and are not eligible for DMBE Small Business certification

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• Purchases reimbursed through petty cash are not exempt from Small Business set-asides up to $50K

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7. True (APSPM 3.10 g)

• Petty cash may not be used to circumvent Small Business set-aside requirements or any other code or regulatory requirements such as:

– Mandatory sources (e.g., VDC, OGC, VIB and VCE)– Unsealed competitive bidding (Quick Quote)

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• For Small Business set-aside procurements up to $5K

• If a Small Business is contacted but its prices do not appear to be fair and reasonable, the agency may award the contract to a large business after documenting the procurement file to that effect, including stating the basis for the determination

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8. False (APSPM 3.10 g (1))

• If prices do not appear to be fair and reasonable the agency shall document the procurement file to that effect, including stating the basis for the determination, and then additional quote(s) shall be obtained from at least one additional DMBE-certified Small Business, if available

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• Procurements over $5K and up to $50K shall be set-aside exclusively for DMBE-certified Small Businesses unless there is not a reasonable expectation that at least four competitive bids or offers will be received from DMBE-certified Small Businesses

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9. False (APSPM 3.10 g (2))

• Procurements over $5K and up to $50K shall be set-aside unless there is not a reasonable expectation that at least two competitive bids or offers will be received from DMBE-certified Small Businesses

• The agency must document the file that the procurement does not qualify for a set-aside

• Documentation may be on the requisition

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• If receiving only one acceptable bid or offer as a result of a set-aside procurement over $5K and up to $50K, the award should be made to that bidder or offeror if the bid or offer is fair and reasonable

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10. True (APSPM 3.10 g (2))

• Award if the one bid/offer is fair & reasonable• If no acceptable bid/offer is received,

withdraw set-aside requirement and re-solicit using competitive, non-set-aside, procedures

• Document file • Tips from participants on determining price

reasonableness

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• Procurements over $50K may be set-aside for DMBE-certified Small Businesses, in whole or in part, when there is a reasonable expectation that the agency will receive at least two competitive bids or offers from DMBE-certified Small Businesses

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11. True (3.10 g (3))

• Tips from participants on types of procurements over $50K that have been or could be set-aside for Small Businesses

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• Agencies are authorized to award contracts over $50K to a reasonably priced or reasonably ranked DMBE-certified Small Business that is other than the lowest priced bidder or highest ranking offeror

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12. True (APSPM 3.10 f)

• Include Special Term and Condition 7.J. or 7.K.

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• IFBs and RFPs over $100K require a Small Business Subcontracting Plan from prime contractors unless the procurement was set-aside or the agency makes a written determination that no opportunities to subcontract exist and documents the file

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13. True (APSPM 3.10 h)

• Also, prime contractors are required to state the names of the DMBE-certified Small Businesses that it plans to utilize and the dollar amounts

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• For IFBs and RFPs, prime contractors that fail to submit a Small Business Subcontracting Plan will be deemed nonresponsive and their bids/proposals will be rejected unless the prime contractor is a Small Business

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14. False (APSPM Annexes 6.I and 7.G)

• IFBs are rejected• For RFPs, prime contractors that fail to submit

a plan will receive zero points

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15.Statement (True or False)

• No vendor shall be considered a Small Business unless certified as such by DMBE by the contract award date

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15. False (APSPM 3.10 b)

• No vendor shall be considered a Small Business unless certified by DMBE by the due date for receipt of bids or proposals

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• If an agency identifies no DMBE-certified Small Businesses capable of performing contract requirements, the agency shall consult with DMBE to seek to identify available Small Businesses unless contract timing issues require the agency to complete the contract process before DMBE input can be obtained

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16. True (APSPM 3.10 d)

• Work collaboratively with DMBE

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• eVA Reports may be utilized to help manage the SWaM program

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17. True

• Bidders List - available SWaM vendors by commodity code

– Helpful to direct users to SWaM businesses – Allows for comparison between vendors on the list

and other vendors being used by the agency – Shows vendors that need to be encouraged to

certify with DMBE

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17. Continued

• PROD 003 V6 - Vendors by SWaM Category and Service Area

• PROD-261-V2 - SWaM Spend by User - compares SWaM spend with total spend and provides the percentage

• PROD-261-X01 - the same report as above except on a BSO level

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Tips and Remedies

• Understand the SWaM regulations• Balance APSPM requirements & options• Document, document, document• Utilize eVA reports (contact assigned Account

Executive if assistance is needed)

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Conclusion

• This interactive session was designed to test your knowledge of the Commonwealth's current SWaM program and provide tips and remedies for better pain management

----------------------------------------------------------------• Was your knowledge tested?• Did you gain any tips and remedies?

commonhealth for swammers ear

Documents

womenowned businesses

small business setasides5

small business setasides4

small business setasides6

statement true

small businesses1

owned businessat

true apspm