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General Procurement Questions

 
Frequently Asked Questions & Answers      

 

1. Who can use a state contract? 10. 

Can a state debarred vendor do business with local governments and other political subdivisions?

  2.

Do I have to order furniture from VCE?

11.

A vendor has complained that a Buyer is selecting the incorrect address for the vendor - but the Buyer confirms that the PO was created with one address but when the vendor receives notification (generated via Ariba) of the PO a different address (from the one on the Buyer's PO) is shown. What could be causing this problem?

  3.

How does an agency tell if a contract issued by the Division of Purchases and Supply is mandatory or optional-use?

12.

I am trying to determine if there is an existing contract for a service that I can use --- there is not one listed on the "State Contract" listing on the eVA homepage - how can I search?

  4. When do I need to apply the state’s mandatory reciprocity preference law? 13.

When I search requisitions in the eMall, sometimes there is a long list and I have to use the scroll bar to get to the bottom of the list.  Is there a way to see a list of search results without using the scroll bar?

  5.

A vendor offers to give an agency a product for free.  Can the agency take advantage of this offer especially in these tough budgetary times? 

14.

If I have set-aside a Quick Quote solicitation for DMBE certified small businesses and a non-small business submits a quote lower than the lowest responsive and responsible DMBE certified small business, can I use this quote to demonstrate that the lowest DMBE quote is not fair and reasonable?

  6.  

A contractor on one of the state contracts is not performing well.  What can I do?

 

15.

 

How can I market my firm and products and services to Commonwealth of Virginia agencies and other public bodies?

 
  7.

What is the official form to notify vendors of contract non-compliance?

16.

How do you make changes to a purchase order? 

  8.

 

What is a Cure Letter?

 
17.

When issuing solicitations pertaining to printing, occasionally we have a need to visit a contractor’s production facility. This could be for inspecting printing proofs, production runs of printed publications, production runs of fabric to check color consistency, etc. We would like to use a mileage restriction to minimize time and expense while we are out of the office, but wonder if there are any special terms and conditions or recommended specification language that would not limit competition.

  9.

Is a Cure Letter always required?

     
             

1. Who can use a state contract?

The majority of state contracts are open for use by localities and state agencies. You can see the available contracts on the contract summary listing on eVA (www.eva.virginia.gov). This listing indicates who can use the contract. There is also a link to the contract where further ordering information can be obtained. Additional questions should be directed to the buyer that is listed. 

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2. Do I have to order furniture from VCE?

VCE is a mandatory source for State Agencies.

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3. How does an agency tell if a contract issued by the Division of Purchases and Supply is mandatory or optional-use?

The front page of the contract will usually specify if the contract is mandatory or option-use. If it's mandatory, you'll need to get a waiver from the contract officer before you purchase an item that's covered under contract from a non-contract source. For optional-use contracts, you may use the contract, or procure the item by following applicable procurement procedures

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4. When do I need to apply the state’s mandatory reciprocity preference law?

The state’s mandatory reciprocity preference law is to be used when the low bid is from a vendor that is located in a state that has a state preference that favors its state’s vendors.
The preference may be in the form of an absolute preference or a percentage preference. Buyers shall apply the preference law when the low bidder is from a state that has a preference and the next low bid is a Virginia bidder.
Example of an absolute preference: Preference for works of art by Arkansas artists when purchasing or commissioning artwork for a state agency building to be constructed or renovated.

This preference would not allow Virginia businesses to receive awards in Arkansas for artwork to be placed in state buildings.

Scenario: Agency X issues a Quick Quote for an oil painting of the Capital for the lobby of their building. The low bid is from Arkansas and the next low bid is from a Virginia bidder. In this case the low bid would be declared non-responsive and the award would be made to the Virginia Bidder.

Example of a percentage preference: Governmental bodies shall apply a 5% preference to agricultural products produced in Colorado by a resident bidder when the product is suitable and available in sufficient quantity.

Scenario: Agency X issues a Quick Quote for fresh fruit. The low bid is from Colorado and the next lowest bid is from a Virginia bidder. In this case the buyer needs to increase the Colorado bid by 5%, and if the next lowest bid is from Virginia and is lower than the adjusted bid from Colorado, the buyer shall award to the Virginia bidder.
  

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5. A vendor offers to give an agency a product for free.  Can the agency take advantage of this offer especially in these tough budgetary times?

With no consideration on the part of the agency and without a contract or an expectation of a future contract, this is a gift and outside of procurement regulations. But, the Appropriation Act requires approval of the Governor for acceptance of donations, gifts, grants and contracts.

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6. A contractor on one of the state contracts is not performing well.  What can I do?

The first thing is to read the contract and identify what performance requirements are specified. If the contractor is not living up to the contract requirements, contact the contractor and let them know. Specify a date for the corrective action to be taken. If it does not happen by the specified date, notify the contract administrator and file a "Procurement Complaint Form", available on the eVA web site under the "Buyers" tab. If the issue still is not resolved, contact Valerie Deloach at DPS at 804-225-4045 for assistance.

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7. What is the official form to notify vendors of contract non-compliance?

The Procurement Complaint Form is the official form to notify vendors of contract non-compliance.

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8. What is a Cure Letter?

A cure letter is an official notification to a vendor requiring that vendor to come into compliance within a specified time period.

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9. Is a Cure Letter always required?

No, a buyer/contract administrator can ask for a cure verbally, by e-mail or with the Procurement Complaint form.

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10. Can a state debarred vendor do business with local governments and other political subdivisions?
 

A state debarred vendor can do business with local governments and other political subdivisions; however, local governments and other political subdivisions may refer to the state's debarment list to help determine the responsibility of a vendor.

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11. A vendor has complained that a Buyer is selecting the incorrect address for the vendor - but the Buyer confirms that the PO was created with one address but when the vendor receives notification (generated via Ariba) of the PO a different address (from the one on the Buyer's PO) is shown. What could be causing this problem?

One cause may be the information the vendor entered into eVA - for both its "supplier address" in eVA AND its address for Ariba. For example, one vendor listed for its "supplier address" one address, but then for Ariba listed a DIFFERENT address - so the Buyer created the PO and selected the correct vendor "supplier address" (as listed) BUT the vendor had listed a different address in Ariba - and this address is the one the vendor saw in the notification. The vendor should correct the incorrect address or discuss with eVA Customer Care for additional guidance. Top


12.  I am trying to determine if there is an existing contract for a service that I can use --- there is not one listed on the "State Contract" listing on the eVA homepage - how can I search?

Some approaches:
(1) On the eVA homepage select "Public Reports & PPEA Opportunities" - then try searching by commodity code - eVA Prod 160_X01_v7 - "Order Summary with NIGP Commodity Code Search".

(2) If you know a vendor who may provide the service - use eVa Prod_106 - "Vendor Purchase Order Report" to get to the Buyer/agency.

(3) If you think that a particular agency may have done a contract and if you have a "Buyer Login" on the eVA homepage - login - if you have access to the Tab "Advanced Tools" select Prod_17 - and search that agency.

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13. When I search requisitions in the eMall, sometimes there is a long list and I have to use the scroll bar to get to the bottom of the list.  Is there a way to see a list of search results without using the scroll bar?

Yes, with the latest version of search results you have the option to export the current page to Excel. This allows you to see the list of results in one spreadsheet. Click on the "Table Options Menu" Icon on the right side of the screen. This gives you several options for displaying the list, including exporting the results to an Excel spreadsheet.

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14. If I have set-aside a Quick Quote solicitation for DMBE certified small businesses and a non-small business submits a quote lower than the lowest responsive and responsible DMBE certified small business, can I use this quote to demonstrate that the lowest DMBE quote is not fair and reasonable?

The fact that a non-small business submitted a lower quote on a set-aside solicitation for which it is not eligible to participate would not in and of itself indicate that the lowest quote from a responsive and responsible DMBE certified small business is not fair and reasonable. Since the non-small business is not allowed to receive an award from a set-aside solicitation, the quote they submitted must be rejected. Furthermore, their quote may even be intentionally duplicitous if the vendor knows it is not allowed to participate. The contracting officer should determine if the price quote from the lowest DMBE certified small business is fair and reasonable. See APSPM 4.10 for more guidance on price reasonableness.
 

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15. How can I market my firm and products and services to Commonwealth of Virginia agencies and other public bodies?

Make sure your firm is registered in eVA under the appropriate NIGP Commodity Codes. "Premium" registration is recommended so your firm will receive the "email push" feature. Review the "State Contracts" listing on the eVA web site at www.eva.virginia.gov. Determine if any existing state contracts for goods or services are relevant to your firm. If optional-use, you are free to market to state agencies even when there's an existing contract. Review the "Public Reports" available on eVA under the "Public Reports & PPEA Opportunities" link and search the eVA database to understand past ordering activitiy for the NIGP commodity codes relevant to your firm. Stay in contact with the state buyers that handle the contracts your firm is interested in. Create a catalog for the eVA eMall…see the "Vendor" tab on the eVA web site for details.

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16. How do you make changes to a purchase order? 

All changes are made from the PR stage. Simply log in, go to the eMall (Shop Now), select status and then click on and open the appropriate PR. Click the PR and the selections will be displayed at the top of the page. (Change, Cancel, Receive and Print. Yes, you can simply print the PR here which really doesn't change anything!)

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17. When issuing solicitations pertaining to printing, occasionally we have a need to visit a contractor’s production facility. This could be for inspecting printing proofs, production runs of printed publications, production runs of fabric to check color consistency, etc. We would like to use a mileage restriction to minimize time and expense while we are out of the office, but wonder if there are any special terms and conditions or recommended specification language that would not limit competition.

DPS has found success in adding a travel allowance clause to the solicitation. The clause does not limit competition, but takes travel costs (meals, lodging, transportation, salary) into consideration when an award is made. Knowing time away from the office is an expense to the taxpayer, the vendor community has been much more receptive to this requirement than a mileage restriction.

If you are interested in finding out more about how to include this clause in one of your procurements, contact Warren Mitchell at DP&S at 804-786-3858.
 

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