2018 Survey of State Procurement Practices - Summary Report

SECTION 1: STATE PROCUREMENT LAWS, REGULATIONS, AND POLICIES

Please indicate the website(s) or other area(s) where copies of your state procurement laws, regulations, and policies may be found. (Appendix I in the Survey Executive Summary).

#Responses
1 CGS Chapter 58: https://www.cga.ct.gov/2015/pub/chap_058.htm Regulations:http://www.sots.ct.gov/sots/lib/sots/regulations/title_04a/052.pdf
2 https://purchasing.idaho.gov/
3 http://public.nmcompcomm.us/nmpublic/gateway.dll/?f=templates&fn=default.htm
4 Utah Code Part 63G-6a and Utah Administrative Code R33
5 http://www.dfa.arkansas.gov/offices/procurement/Pages/default.aspx
6 cpogs.illinois.gov ilga.illinois.gov
7 http://www.oregon.gov/das/Procurement/Pages/Authlaw.aspx
8 http://www.maine.gov/purchases/policies/index.shtml; http://www.maine.gov/purchases/policies/statutes/index.shtml;
9 http://doas.ga.gov/state-purchasing/law-administrative-rules-and-policies
10 * State Purchasing Statute: http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=5-18A * Construction: http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=5-18B * Administrative Rule Related to Purchasing: http://legis.state.sd.us/rules/DisplayRule.aspx?Rule=10:02:05 * Procurement Management Home Page: http://www.state.sd.us/boa/opm/
11 http://www.state.nj.us/treasury/purchase/
12 Www.dsd.state.md.us
13 Purchasing Division Webpage - WVPurchasing.gov West Virginia Code - www.legis.state.wv.us (also on the Purchasing Division's site map at http://www.state.wv.us/admin/purchase/sitemap.html) West Virginia Code of State Rules - www.sos.wv.gov (also on the Purchasing Division's site map at http://www.state.wv.us/admin/purchase/sitemap.html)
14 http://doa.alaska.gov/dgs/pdf/State Procurement Code.pdf
15 Procurement Laws: http://app.leg.wa.gov/RCW/default.aspx?cite=39.26 Policies: http://des.wa.gov/about/pi/ProcurementReform/Pages/Policies.aspx Guides: http://des.wa.gov/services/ContractingPurchasing/PoliciesTraining/Resources/Pages/sampleForms.aspx
16 http://purchasing.nv.gov/local_gov/Regulations/
17 http://www.dfa.ms.gov/dfa-offices/purchasing-travel-and-fleet-management/purchasing-and-travel/procurement-manual/ http://www.mspb.ms.gov/media/65452/pscrb rules and regulations effective 7 1 2016.pdf http://www.its.ms.gov/Procurement/Documents/ISS Procurement Manual.pdf#page=1
18 http://www.lrc.ky.gov/statutes/ http://www.lrc.ky.gov/kar/frntpage.htm http://finance.ky.gov/services/policies/Pages/default.aspx
19 Code of Iowa https://www.legis.iowa.gov/docs/code/8A.311.pdf Iowa Administrative Code https://www.legis.iowa.gov/docs/iac/chapter/08-03-2016.11.117.pdf Iowa Administrative Code https://www.legis.iowa.gov/docs/iac/chapter/08-03-2016.11.118.pdf
20 https://www.ok.gov/DCS/Central_Purchasing/CP_Processes,_Rules_&_Statutes/index.html
21 The Commonwealth enacted its own Procurement Code which used the model code as a basis but is customized to meet the needs of our state.
22 Statutes - http://www.legis.la.gov/legis/lawsearch.aspx RS39:1551-1755 Louisiana Procurement Code; RS 39:196-200 Information Technology; RS 39:1527-1546 Insurance; RS 39:1751-1755 Telecommunications; RS 39:1761 Lease/Purchase; RS 42:1101-1170 Code of Ethics; RS 43:1-34 Printing; RS 43-111-211 Advertisements; RS 44:1-41 Public Records Purchasing Rules & Regulations - http://www.doa.la.gov/osp/legalinfo/rulesregs03-10-2017.pdf; http://www.doa.la.gov/osr/LAC/34V01/34.doc Small Purchase Executive Order: http://gov.louisiana.gov/assets/ExecutiveOrders/JBE-17-18.pdf Legal Information - http://www.doa.la.gov/pages/osp/legal-Index.aspx
23 spo.hawaii.gov
24 • Section 24.109, Florida Statutes, Administrative Procedure http://www.flsenate.gov/Laws/Statutes/2016/24.109 • Section 110.123, Florida Statutes, State Group Insurance Program, http://www.flsenate.gov/Laws/Statutes/2016/110.123 • Chapter 120, Florida Statutes, Administrative Procedure Act: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0120/0120.html • Chapter 283, Florida Statutes, Public Printing: http://www.flsenate.gov/Laws/Statutes/2012/Chapter283 • Chapter 287, Florida Statutes, Procurement of Personal Property and Services: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0287/0287.html • Chapter 337, Florida Statutes, Contracting; Acquisition, Disposal, and Use of Property http://www.flsenate.gov/Laws/Statutes/2016/Chapter337 • Chapter 413, Florida Statutes, Employment and Related Services for Persons with Disabilities : http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0413/0413ContentsIndex.html&StatuteYear=2014&Title=-%3E2014-%3EChapter 413 • Rule Chapter 28-110, Florida Administrative Code, Administrative Commission, Departmental, Bid Protests, https://www.flrules.org/gateway/Division.asp?toType=r&DivID=398 • Rule Chapter 60A-1, Florida Administrative Code, Division of Purchasing, General Regulations: https://www.flrules.org/gateway/ChapterHome.asp?Chapter=60A-1 • Rule Chapter 60A-9, Florida Administrative Code, Office of Supplier Diversity, https://www.flrules.org/gateway/ChapterHome.asp?Chapter=60A-9 • Rule Chapter 60D-13, Procedures for Contracting for Design-Build Services, https://www.flrules.org/gateway/ChapterHome.asp?Chapter=60D-13 • Rule Chapter 60E, Florida Administrative Code, Blind and Handicapped Purchasing Commission: https://www.flrules.org/gateway/Division.asp?DivID=226 • Rule Chapter 71A, Florida Administrative Code, Office of InformationSecurityhttps://www.flrules.org/gateway/chapterhome.asp?chapter=60dd-2 • Rule Chapter74-1, Florida Administrative Code, Agency for State Technology, Project Management and Oversight https://www.flrules.org/gateway/ChapterHome.asp?Chapter=74-1 • DMS State Purchasing Numbered Memoranda http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_memos_rules_and_statutes/state_purchasing_numbered_memoranda
25 https://www.colorado.gov/pacific/osc/procurement-resources
26 Mass.gov/OSD
27 http://www.admin.ks.gov/offices/procurement-and-contracts
28 http://sfsd.mt.gov/SPB/LawsRules
29 procure.ohio.gov http://codes.ohio.gov/orc/125 http://codes.ohio.gov/oac/123
30 mn.gov/admin/osp
31 http://www.michigan.gov/micontractconnect/0,4541,7-225-48677---,00.html and http://www.michigan.gov/dtmb/0,5552,7-150-9131_9347---,00.html#500PURCH
32 https://das.nh.gov/purchasing/index2.asp
33 Statutes which govern the procurement of commodities/goods Statutes may be viewed on the following website: http://uniweb.legislature.ne.gov/QS/laws.html 81-145 Materiel Division; Terms, Defined 81-153 Materiel Division, Powers and Duties, Enumerated 81-154 Materiel Division, Standard Specifications 81-154.01 Materiel Division, University of Nebraska; Purchase Agreements 81-156 Laboratory Tests; Fee 81-159 Requisitions by Using Agency; Procedures Used by Materiel Division 81-161 Competitive Bids, Award to Lowest Responsible Bidder; Elements Considered 81-161.01 Competitive Bids; Time Requirements; Waiver 81-161.02 Competitive Bids; Rejection by Materiel Division; Grounds; New Bids 81-161.03 Direct Purchases, Contracts, or Leases 81-161.04 Materiel Division; Surplus Property; Sale Procedure; Proceeds of Sale 81-162 Purchases or Leases; Form of Contract 81-1118 Materiel Division; Established; Duties; Administrator; Branches Established 81-1118.01 Materiel Administrator; Inventory Record; State Property; Powers and Duties 81-1118.02 All Officers, Departments and Agencies; State Property; Inventory; How Stamped; Action to Recover 81-1118.03 Personal Property; Purchase or Lease; Approval; Solicitation by Department of Administrative Services 81-1118.04 Materiel Division; Purposes 81-1118.05 Materiel Division; Powers and Duties 81-1118.06 Materiel Division; State Purchasing Bureau; Purposes 81-1184 Legislative Intent 81-1185 State Government Recyclable Materiel, Defined 81-1186 Department; Duties 81-1187 Disposition of State Government Recyclable Materiel 81-1188 Resource Recovery Fund; Created; Use; Investment 81-1189 Rules and Regulations 81-15,159 Legislative Findings and Intent, State Purchases, Preference Requirements 81-2401 - Prompt Payment Act 81-2408 84-712.01 Public Records; Right of Citizens, Full Access, Access by Modem; Fee Authorized 84-712.05 Records Which May be Withheld From the Public; Enumerated Statutes which govern the procurement of contractual services Statutes may be viewed on the following website: http://uniweb.legislature.ne.gov/QS/laws.html 73-101.01 Resident bidder, defined; preference 73-501 Purposes of Sections 73-502 Terms, Defined 73-503 Documentation; Requirements 73-504 Competitive Bidding Requirements 73-505 State Agency Directors; Duties 73-506 State Agency Contracts for Services; Requirements 73-507 Exceptions 73-508 Pre-Approval; Required; When 73-509 Pre-Process; Required; When; Procedure 81-2401 - 81-2408 Prompt Payment Act 84-712.01 Public Records; Right of Citizens; Full Access; Fee Authorized 84-712.05 Records Which May be Withheld from the Public; Enumerate 84-602 - Transparency, contracts posted to public website; 73-602 - Transparency i Government Procurement Act - gathering of statistical information
34 https://www.nd.gov/omb/agency/procurement
35 www.state.de.us www.delaware.gov gss.omb.delaware.gov MyMarketplace.Delaware.gov delcode.delaware.gov
36 http://www.dgs.ca.gov/pd/Resources/publications.aspx
37 http://ncadmin.nc.gov/government-agencies/procurement/procurement-rules http://www.ncleg.net/
38 State Purchasing Manuals - http://comptroller.texas.gov/purchasing/publications/ Government Code Purchasing Statute - http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2155.htm Statewide Procurement: Rules - http://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=34&pt=1&ch=20 Department of Information Resources: Rules - http://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=3&ti=1&pt=10
39 http://webserver.rilin.state.ri.us/Statutes/TITLE37/37-2/INDEX.HTM
40 http://oa.mo.gov/purchasing/procurement-authority
41 https://spo.az.gov/administration-policy/state-procurement-resource/procurement-regulations
42 Policies (State Procurement Manual): https://vendornet.wi.gov/GenProcurement/ProcurementManual.aspx Statutes (Chapter 16 Subchapter IV): http://docs.legis.wisconsin.gov/statutes/statutes/16.pdf Admin. Code (Chapter Adm 5): http://docs.legis.wisconsin.gov/code/admin_code/adm/5 Admin. Code (Chapter Adm 6): http://docs.legis.wisconsin.gov/code/admin_code/adm/6 Admin. Code (Chapter Adm 7): http://docs.legis.wisconsin.gov/code/admin_code/adm/7 Admin. Code (Chapter Adm 8): http://docs.legis.wisconsin.gov/code/admin_code/adm/8 Admin. Code (Chapter Adm 9): http://docs.legis.wisconsin.gov/code/admin_code/adm/9 Admin. Code (Chapter Adm 10): http://docs.legis.wisconsin.gov/code/admin_code/adm/10 Admin. Code (Chapter Adm 50): http://docs.legis.wisconsin.gov/code/admin_code/adm/50
43 State Finance Law Article 11 http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO: once there you need to click on the “Laws” tab, then “Laws of New York”, then scroll to “State Finance”, and then choose “Article 11” - (160 - 168) STATE PURCHASING New York State Procurement Council – New York State Procurement Guidelines http://www.ogs.ny.gov/BU/PC/Docs/Guidelines.pdf Vendor Responsibility https://www.osc.state.ny.us/agencies/guide/MyWebHelp/Content/XI/16.htm New York State Comptroller Approval of Contracts and General Contracts Processing https://www.osc.state.ny.us/agencies/guide/MyWebHelp/Content/XI/2/2.htm Procurement Lobbying Law New York State Legislative Law § 1-t: Advisory Council on Procurement Lobbying • State Finance Law §139-j. Restrictions on contacts during the procurement process • State Finance Law§139-k. Disclosure of contacts and responsibility of offerers List of Non-Responsible Vendors http://ogs.ny.gov/acpl/regulations/SFL_139j-k/NonResponsible.asp NYS Department of Law Debarment List https://labor.ny.gov/workerprotection/publicwork/PWDebarmentInformation.shtm NYS Workers Compensation Board http://www.wcb.ny.gov/content/main/Employers/wclcompliance.jsp Consortia Purchasing http://www.ogs.ny.gov/procurecounc/pdfdoc/consort.pdf Advertising Requirement Contract Reporter Advertising Thresholds and Notice Requirements Agency Discretionary Purchasing Discretionary Purchases
44 http://ai.wyo.gov/general-services/contracts--purchasing
45 www.procurement.sc.gov http://www.scstatehouse.gov/code/t11c035.php
46 State of Vermont Administrative Bulletin 3.5 establishes the general policy and minimum standards for soliciting services and products from vendors outside of state government, processing the related contract(s), and overseeing established contracts through their conclusion. The Bulletin is on-line at: http://aoa.vermont.gov/bulletins. The Office of Purchasing & Contracting carries out the procurement responsibilities assigned to the Commissioner of the Department of Buildings and General Services (BGS) in 29 VSA Chapter 49 and 29 VSA Chapter 5 § 152 and § 161 and is responsible for making all purchases of goods/products, including fuel, supplies, materials and equipment for all State Agencies and Departments. Further, OPC is responsible for administering solicitation, procurement and contracting, as set forth in Administrative Bulletin 3.5. As such, OPC has centralized authority for commodity purchases (technology and non-technology), bid administration of technology projects, oversight of some Statewide services (technology and non-technology), vertical construction procurements for the Department of Buildings and General Services (BGS), and procurements by specific State Agencies and Departments over a certain threshold. Websites: http://legislature.vermont.gov/statutes/section/29/049/00903 http://legislature.vermont.gov/statutes/section/29/049/00903a http://legislature.vermont.gov/statutes/section/29/049/00922 http://legislature.vermont.gov/statutes/section/29/005/00152 http://legislature.vermont.gov/statutes/section/29/005/00161
47 http://ocp.dc.gov/page/laws-regulations-ocp
48 www.Purchasing.Alabama.Gov http://alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/Coatoc.htm

Has your state adopted the American Bar Association Model Procurement Code for State and Local Governments?

Response total
No19
Partial Adoption 26
Complete adoption 3
Graph Statistics based on 48 respondents;

If "No", please explain why your state has not adopted the Model Procurement Code.

Response total
#Responses
1 We have our own code which has very similar components.
16 under review
19 Not certain....
24 N/A
26 Massachusetts has a flexible statute governing goods and services procurement, from which we have a brief 7 pages of regulation based on best value principles. The policies and processes we have developed from the regulation are flexible, and provides our procurement staff the option to customize their procurements to meet their needs. This has been a successful framework for over 20 years, and the Model Procurement Code would prove too restrictive.
27 We have a state employee ethics statute
30 State statutes and rules currently in place are flexible and effective.
31 The legislature has not passed it.
33 This is being reviewed, but no decision has been made.
42 Wisconsin procurement statutes and administrative codes provide a framework for the policies and procedures used by state agencies and campuses to acquire goods and services.
43 every section would have to be re-written to be consistent with NYS law
44 Our office has not reviewed the code with our Attorney General's Office as of yet. Typically, any adoption requires their involvement.
12

Which version of the Model Procurement Code has your state adopted (1979 or 2000)?

Response total
# Responses
2 Partially adopted the 2000 version
3 1979
4 Similar to 2000
5 1979
7 2000
9 2000
10 2000
12 2000
14 1979
15 Partially adopted the 2000 version
17 2000
18 1979
22 1979
23 2000
25 1979; however, we just modernized (updated) our code and considered the 2000 version when doing so.
28 2000
29 2000
32 N/A The State of New Hampshire has not adopted Model Procurement Codes
34 2000
35 2000
39 1979 - modified version
40 Missouri's statutes are patterned in part after the 1979 version.
41 1979
45 1979
47 2000
48 2000
26
Statistics based on 26 respondents;
SECTION 2: PROCUREMENT AUTHORITY

For the purposes of this section, the responsibilities of a state central procurement office include the following per the 2015 NASPO State and Local Government Procurement: A Practical Guide: Comprehensive procurement law covering all state agencies and types of procurement, with centralized management and oversight placed in the hands of the Chief Procurement Officer (CPO) CPO leadership and management in decision-making, policy generation and implementation and procurement authority statewide. Additionally, according to the NIGP Dictionary of Procurement Terms, Centralized Purchasing means an organizational structure where all of the rights, powers, duties, and authority relating to purchasing are vested in the Chief Procurement Officer (CPO). While the CPO may often delegate some of these powers to others, the final authority nevertheless resides with the CPO.

Does your state have a central procurement office with statutory purchasing authority across all areas of procurement within the state?

Response Response Percent Response Total
Yes 75% 36
No 25% 12
Statistics based on 48 respondents;

Please provide the website URL to your statewide contracts.

# Responses
1 http://www.biznet.ct.gov/SCP_Search/Default.aspx?AccLast=1
2 https://purchasing.idaho.gov/statewide_contracts.html
3 http://www.generalservices.state.nm.us/statepurchasing/Statewide_Price_Agreements.aspx
4 http://purchasing.utah.gov/
5 http://www.dfa.arkansas.gov/offices/procurement/contracts/Pages/default.aspx
6 purchase.state.il.us
7 http://orpin.oregon.gov
8 http://www.maine.gov/purchases/contracts/index.shtml
9 http://doas.ga.gov/state-purchasing/statewide-contracts
10 http://boa.sd.gov/divisions/procurement/contracts/
11 http://www.state.nj.us/treasury/purchase/
12 DGS.maryland.gov (http://dgs.maryland.gov/Pages/Procurement/BidsAwards.aspx) DBM.maryland.gov (http://dbm.maryland.gov/proc-contracts/Pages/home.aspx) DoIT.maryland.gov (http://doit.maryland.gov/contracts/Pages/AllMasterContracts.aspx) eMaryland Marketplace (eMM) (https://emaryland.buyspeed.com/bso/external/publicContracts.sdo)
13 www.state.wv.us/admin/purchase/swc/default.html
14 http://doa.alaska.gov/dgs/cam/index.html
15 http://des.wa.gov/services/ContractingPurchasing/CurrentContracts/Pages/default.aspx
16 http://purchasing.nv.gov/contracts/
17 http://www.dfa.ms.gov/dfa-offices/purchasing-travel-and-fleet-management/purchasing-and-travel/contracts/ http://www.mspb.ms.gov/personal-service-contract-review-board/preapproved-vendor-information.aspx http://www.its.ms.gov/Procurement/Pages/EPLs.aspx
18 https://emars.ky.gov/webapp/vssonline/AltSelfService https://finance.ky.gov/services/eprocurement/Pages/contractinginfo.aspx
19 http://bidopportunities.iowa.gov/index.php?pgname=viewcontracts
20 https://www.ok.gov/dcs/solicit/app/contractSearch.php
21 http://www.emarketplace.state.pa.us
22 https://wwwcfprd.doa.louisiana.gov/OSP/LaPAC/eCat/dsp_eCatSearchLagov.cfm
23 spo.hawaii.gov
24 http://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements
25 Pursuant to CRS §24-106-103(3)(a), all personal services contracts entered into after July 1, 2009 and meeting the criteria of CRS §24-106-103(3)(a)(I) through (VIII) are available to the public through a searchable database. http://contractsweb.state.co.us/
26 Mass.gov/OSD Does not include construction procurement which is outside of the MA CPO's authority
27 http://www.admin.ks.gov/offices/procurement-and-contracts
28 http://svc.mt.gov/gsd/apps/termcontractdefault.aspx
29 www.procure.ohio.gov/proc/currentContracts.asp
30 Summary contract (contract release data for buyers) data is available, but password protected. Payment and other contract data is available online at the Minnesota Transparency Site at: https://mn.gov/mmb/transparency-mn/
31 http://www.michigan.gov/documents/web_contract_12037_7.xls
32 https://das.nh.gov/purchasing/vendorresources.asp
33 http://das.nebraska.gov/materiel/purchasing.html
34 https://www.nd.gov/omb/agency/procurement/state-contracts
35 http://contracts.delaware.gov/
36 http://www.dgs.ca.gov/pd/Programs/Leveraged.aspx http://www.documents.dgs.ca.gov/pd/contracts/contractindexlisting.pdf
37 http://www.pandc.nc.gov/TCNumListing.aspx
38 Statewide Procurement (non-IT) - http://www.txsmartbuy.com/contracts Department of Information Resources (IT) - http://dir.texas.gov/View-Contracts-And-Services/Landing.aspx
39 http://www.purchasing.ri.gov/MPA/MPASearch.aspx
40 https://archive.oa.mo.gov/purch/contracts/
41 https://procure.az.gov/bso/login.sdo
42 https://vendornet.wi.gov/Contracts.aspx
43 https://nyspro.ogs.ny.gov/content/procurement-services-contract-portal
44 http://ai.wyo.gov/general-services/contracts--purchasing
45 http://procurement.sc.gov/PS/agency/PS-agency-sw-contracts.phtm
46 The Office of Purchasing and Contracting (OPC), within AOA is responsible for making all purchases of goods/products, including fuel, supplies, materials and equipment for all State Agencies and Departments. Further, OPC is responsible for administering solicitation, procurement and contracting, as set forth in Administrative Bulletin 3.5. As such, OPC has centralized authority for commodity purchases (technology and non-technology), bid administration of technology projects, oversight of some Statewide services (technology and non-technology), vertical construction procurements for the Department of Buildings and General Services (BGS), and procurements by specific State Agencies and Departments over a certain threshold. Professional Services are decentralized at an Agency and Department level. The Agency of Digital Services is responsible for providing direction and oversight for all activities directly related to information technology and information security, including telecommunications services, information technology equipment, software, accessibility, and networks in State government. VTRANS has authority for bridge and highway construction. OPC, also carries out the procurement responsibilities as assigned to the Commissioner of the Department of Buildings and General Services (BGS). Vermont currently has a decentralized approach to service contracts. Each State Agency or Department is responsible for the procurement process to secure all services contracts and must follow Administrative Bulletin 3.5 and any other applicable laws, rules, and regulations to determine a course of action that ensures compliance with these applicable laws, rules, etc. Relevant Legislative and Administrative compliance for contract awards: • Services: No specific statute exists. Awards are issued in the best interest of the State. • Commodities: Awards issued in accordance with Title 29, Chapter 49 § 903; http://legislature.vermont.gov/statutes/section/29/049/00903 . • Vertical Construction: Awards issued in accordance with Title 29, Chapter 5 § 161; http://legislature.vermont.gov/statutes/section/29/005/00161 . • All bid solicitations and resulting awards are issued in accordance with Administrative Bulletin 3.5, statute and executive orders. The website for statewide contracts is: http://bgs.vermont.gov/purchasing-contracting/contract-info
47 http://app.ocp.dc.gov/RUI/information/award/search.asp
48 www.Purchasing.Alabama.Gov

What entity in your state has statutory authority and oversight for the purchasing of non-technology goods?

Response Percentage Response
State Central Procurement Office 83.33% 40
Another Agency 0 0
Total Delegation to Agencies 0 0
Other, please specify
# Responses
5 The Office of State Procurement has statutory authority and oversight over all such purchases over $10,000 by non-exempt agencies
12 Department of General Services (Goods)
17 Department of Finance and Administration has oversight, but we are not centralized
19 Combination of Central Procurement and Agency, dependent upon total value
32 Combination Central Procurement with some delegation to agencies
38 Statewide Procurement Division (Comptroller of Public Accounts)
41 Excluding Statutory Exempt Agencies, Boards and Commissions, the SPO releases Delegation of Authority to Agencies, Boards and Commissions
47 Several District agencies have procurement authority independent of the CPO
16.67% 8
Statistics based on 48 respondents;

What entity in your state has statutory authority and oversight for the purchasing of non-technology services?

Response Percentage Response Count
State Central Procurement Office 72.92% 35
Another Agency 2.08% 1
Total Delegation to Agencies 2.08% 1
Other, please specify
# Response
5 The Office of State Procurement has statutory authority and oversight over all such purchases over $10,000 by non-exempt agencies
12 Department of Budget Management (Services)
18 Agencies solicit and award contracts for professional services subject to approval by state central procurment office
19 Combination of Central Procurement and Agency, dependent upon total value
32 Combination Central Procurement with some delegation to agencies
33 Per statute, agencies may bid services on their own or enlist State Purchasing Bureau. Agencies must follow processed outlined in the Procurement Manual, including pre-review of documents prior to releasing the solicitation to the vendors.
36 State Central Procurement Office has sole authority to establish statewide non-IT services agreements and must grant permission to conduct non-competitive/sole source bids. The State Central Procurement Office resides in the Department of General Services (DGS). The DGS Office of Legal Services must approve all non-IT services contracts under $150K. Otherwise, agencies conduct their own bids.
38 Statewide Procurement Division (Comptroller of Public Accounts)
41 Excluding Statutory Exempt Agencies, Boards and Commissions, the SPO releases Delegation of Authority to Agencies, Boards and Commissions
46 Cuurent, professional services are decentralized at an agency level.
47 Several District agencies have procurement authority independent of the CPO
22.92% 11

What entity in your state has statutory authority and oversight for the purchasing of technology goods?

Response Percentage Response Count
State Central Procurement Office 58.33% 28
Another Agency 8.33% 4
Total Delegation to Agencies 0% 0
Total Delegation to Agencies
# Response
5 The Office of State Procurement shares (with another agency) overlapping statutory authority and oversight over all such purchases over $10,000 by non-exempt agencies
9 Shared authority with Georgia Technology Authority
12 Department of Information Technology (IT Goods)
19 Central Procurement and Office of Chief Information Officer (OCIO)
20 The State CIO has statutory authority to determine the technology goods purchased and State Purchasing Director has the authority to determine the procurement method.
22 State Central Procurement Office & Office of Technology Services (CIO's Office)
25 Governor's Office of Information Technology
32 Combination Dept. of IT and Central Procurement
33 OCIO
34 State Central Procurement Office and Information Technology Department
35 State Central Procurement Office with Department of Technology and Information (DTI) as identified by Executive Order 18
37 Statewide IT Strategic Sourcing Office
38 Department of Information Resources
41 Excluding Statutory Exempt Agencies, Boards and Commissions, the SPO releases Delegation of Authority to Agencies, Boards and Commissions
42 State Central Procurement Office. The University of Wisconsin is exempt under s. 16.78, Wis. Stats.
47 Several District agencies have procurement authority independent of the CPO
33.33% 16
Statistics based on 48 respondents;

What entity in your state has statutory authority and oversight for the purchasing of technology services?

Response Percentage Response Count
State Central Procurement Office 56.25% 27
Another Agency 8.33% 4
Total Delegation to Agencies 0% 0
Other, please specify
# Response
5 The Office of State Procurement shares (with another agency) overlapping statutory authority and oversight over all such purchases over $10,000 by non-exempt agencies
9 Shared authority with Georgia Technology Authority
12 Department of Information Technology (IT Services)
19 Central Procurement and Office of Chief Information Officer (OCIO)
20 The State CIO has statutory authority to determine the technology goods purchased and State Purchasing Director has the authority to determine the procurement method
22 State Central Procurement Office & Office of Technology Services (CIO's Office)
25 Governor's Office of Information Technology
32 Combination Dept. of IT and Central Procurement
33 OCIO
34 State Central Procurement Office and Information Technology Department
35 State Central Procurement Office with oversight by DTI
36 State Central Procurement Office may delegate procurement authority for any IT Services project. If it does not delegate the procurement to another department, then the State CIO conducts the procurement for IT projects that it oversees. All other IT services contracts are overseen by the State Central Procurement Office.
37 Statewide IT Strategic Sourcing Office
38 Department of Information Resources
41 Excluding Statutory Exempt Agencies, Boards and Commissions, the SPO releases Delegation of Authority to Agencies, Boards and Commissions
42 State Central Procurement Office. The University of Wisconsin is exempt under s. 16.78, Wis. Stats.
47 Several District agencies have procurement authority independent of the CPO
35.42% 17
Statistics based on 48 respondents;

What entity in your state has statutory authority and oversight for the purchasing of higher education purchasing?

Response Percentage Response Total
State Central Procurement Office 10.42% 5
Another Agency 22.92% 11
Total Delegation to Agencies 4.17% 2
Other, please specify
# Response
1 Board of Regents
2 State Central Procurement UNLESS the higher education institution opts out in accordance with Code. Even if the institution meets the requirements to opt out (including obtaining the approval of the State Board), it still is required to utilize statewide contracts and its procurement rules must be substantially similar to those governing the Central Procurement Office.
3 Schools and Universities do their own purchasing. Higher Education Department in the Executive Branch purchasing is done by the State Central Purchasing office.
5 The higher education institutions have and use a great deal of procurement autonomy
6 CPO for Higher Education
11 Central Procurement Office, however some colleges and universities have Statutory authority and others use Stat ecentral purchasing Authority
12 University System of Maryland (USM)
15 Institutions of higher education
17 Department of Finance and Administration has oversight, but we are not centralized
18 Universities
19 Central Procurement and Department of Education
20 Oklahoma State Regents
22 Higher Education is exempt from CPO. Each have a Procurement Office.
23 University of Hawaii
25 Most higher education entities have opted out of the Procurement Code so they have authority over their own purchasing.
26 Higher education has its own authority
27 Higher Ed Institution
31 Higher Ed Institutions
32 State university and colleges do not fall under State controls but may utilize State contracts if desired
33 University of Nebraska, State Colleges
34 ND State Board of Higher Education
35 Higher Eduction is defined as an "Agency" in Delaware Code for Del Tech and Del State University, but not for private universities or the Univ of Delaware. Those Higher Education institututions defined as an "Agency" are subject to the State Procurement Code and publication of all solicitations through the MyMarketplace portal administered by Central Contracting. DTCC, DSU and UD have access to Central Contract awards at will.
38 Statute grants authority to each institution of higher education
39 State Central Procurement Office for the two state colleges; recent delegation authority of < $1M for the University of Rhode Island
40 Central Purchasing has responsibility for Dept of Higher Ed and certain but not all public universities.
41 Excluding Statutory Exempt Agencies, Boards and Commissions, the SPO releases Delegation of Authority to Agencies, Boards and Commissions
42 The Department of Administration has delegated some purchasing authority to the University of Wisconsin System.
43 Centralized Procurement makes contracts used by higher education, the State University of NY, City University of NY and other schools may also make contracts under their own authority.
46 The institution is responsible. Although they can participate in our contracts, we are not responsible for their procurement.
48 Universities and Colleges have their own authority
62.5% 30
Statistics based on 48 respondents;

What entity in your state has statutory authority and oversight for the purchasing of building construction?

Response Percentage Response
State Central Procurement Office 14.58% 7
Another Agency 31.25% 15
Total Delegation to Agencies 0.0% 0
Other, please specify
# Response
6 One CPO for Vertical another for Horizontal and both for me as CPO for General Services
7 State Central Office for most, but specific agencies have been granted specific authority (ie Corrections has authority to build institutions)
12 Department of General Services
15 Same agency as State Central Procurement Office, but a different division with different statutory authority
17 Department of Finance and Administration has oversight, but we are not centralized
18 Division of Engineering and Contract Adminstration
19 Central Procurement and General Services - Design and Construction
20 OMES Construction and Properties
22 Division of Administration-Office of Facility Planning & Control
24 Real Estate Division, Department of Management Services
25 Office of the State Architect
27 It depends on what is being built and on the entity that is seeking to build.
28 Architecture and Engineering Division, Dept. of Administration
29 Ohio Facilities Construction Commission
32 Combination Public Works, Central Procurement, with some agency delegation
33 Building Division
34 No regulatory agency, agencies procure according to law
35 OMB Facilities Management
36 The DGS Office of Real Estate Development oversees construction of most buildings owned by the state. However, the following agencies also have authority to enter into building construction contracts: Corrections and Rehabilitation, Water Resources, Public Employee Retirement System, Administrative Office of the Courts
37 State Construction Office
38 Texas Facilities Commission; State Preservation Board; Higher Education institutions; Individual agencies.
40 Division of Facilities Management, Design & Construction
41 Excluding Statutory Exempt Agencies, Boards and Commissions, the SPO releases Delegation of Authority to Agencies, Boards and Commissions
42 Department of Administration, Division of Facilities Development and Management
43 OGS Design and Construction and other entities SUNY Construction Fund, State Dormitory Authority, Facilities Development Corp and others
48 Alabama Department of Finance Building Commission (Public Works)
54.17% 26
Statistics based on 48 respondents;

Which construction project delivery methods are authorized by your state law when awarding contracts for construction, or rennovation of state infrastructure (e.g., buildings, bridges, highways)?

Response Percentage Response Total
Design-Bid-Build 77.78% 28
Design-Build 86.11% 31
Construction Manager at Risk 58.33% 21
Job Order Cost 25% 9
Design-Build-Operate-Maintain 27.78% 10
Design-Build-Finance 11.11% 4
Public-Private-Partnerships 52.78% 19
Integrated Project Delivery 8.33% 3
Statistics based on 36 respondents;

What entity in your state has statutory authority and oversight for highway construction purchasing?

Response Percentage Response
State Central Procurement Office 6.25% 3
Another Agency 47.92% 23
Total Delegation to Agencies 2.08% 1
Other, please specify
# Response
6 CPO of Illinois Dept of Transportation and CPO for General Services for the Illinois Tollway Authority
10 South Dakota Department of Transportation
12 Maryland Department of Transportation
18 Kentucky Transportation Cabinet
19 Department of Transportation
20 OMES Construction and Properties and Oklahoma Dept. of Transportation
22 La. Dept. of Transportation & Development (DOTD)
28 Dept. of Transportation
29 Ohio Department of Transportation
32 Combination Department of Transportation with oversight of Central Procurement
33 Department of Transportation
34 ND Department of Transportation
35 Department of Transportation
37 NC Department of Transportation
38 Texas Department of Transportaiton
40 Department of Transportation
41 Excluding Statutory Exempt Agencies, Boards and Commissions, the SPO releases Delegation of Authority to Agencies, Boards and Commissions
43 DOT, Thruway Authority, Local Governments
45 Department of Transportation
46 Vermont Agency of Transportation (VTRANS); Bridge and highway construction projects are under the authority of the VTRANS. Highway construction materials and requirements fall under the authority of the Central Procurement Office.
48 Alabama Department of Transportation
43.75% 21
Statistics based on 48 respondents;

Are the following state entities exempt from central procurement oversight? (Check all that apply.)

Response Percentage Response
Judicial Branch/Courts 80.85% 38
Legislative Branch 89.36% 42
Universities 68.09% 32
Transportation 25.53% 12
List any other exempted state entities
# Response
2 Elected Officials, Health Districts, Universities which statutorily "opt out"
5 Constitutional officers and agencies
6 Governor, Comptroller, Treasurer, Attorney General
7 Treasury, Lottery, Secretary of State
8 quasi-state entities
9 Portions of their purchases are exempt by state code. (Transportation, Universities, Construction)
10 South Dakota Bureau of Information & Telecommunications
12 Stadium authority
13s List is found at www.state.wv.us/admin/purchase/PurchasingExemptions/default.html
15 http://app.leg.wa.gov/RCW/default.aspx?cite=39.26.100
18 Retirement systems, KY Housing Corp
19 Elected Offices, Lottery, Finance Authority, IPERS, Economic Development
20 Political subdivisions
22 Transportation for the procurement of materials, services and supplies that will become a component part of any road, highway, bridge, or appurtenance thereto; Dept. of Education for procurement of textbooks, scientific and laboratory equip, teaching materials, teaching devices, and teaching supplies.
23 Hawaii Tourism Authority
27 Highway construction
29 Per R.C. 125.02(A), in addition to the above: Adjutant General (for military supplies/services); State elected officials; Capital Square Review and Advisory Board
30 Lottery for certain lottery-specific items only and partial exemptions for the Minnesota Zoo
31 Lottery (in part), Housing Development Authority (in part), Health and Human Services (in part)
32 Secretary of State. Some other agencies for items specific to them (Liquor Commission, Lottery, Retirement, Revenue, etc.)
33 State Colleges and Constitutional Offices, Transportation(only for services)
35 None in their entirety.
36 Administrative Office of the Courts, State Legislature, University of California, California State University, State Compensation Insurance Fund, Public Employment Retirement System, State Teachers Retirement System, Lottery
40 Exempt: Transportation (except for printing, IT/Telcom), Lottery, Some (but not all) Public Universities
42 An authority as defined under s. 16.70(2).
43 Authorities, Local Governments
46 Although the Judicial and Legislative Branch are exempt, many requirements are procured through the Central Procurement Office. Universities may utilize central procurement contracts, but are not required.
47 http://ocp.dc.gov/sites/default/files/dc/sites/ocp/page_content/attachments/Procurement Authority Chart w PPRA 82016.pdf
48 Some parts of Transpotation but not all
61.7% 29
Statistics based on 47 respondents;

Please provide your State Procurement Spend for goods and services purchased centrally through statewide contracts overseen by the central procurement office. (Please provide your state procurement spend for the year preceding this data collection).

# Response
2 $131,863,858
5 $1,235,546,311.17
7 Approximately $450 million per year. Half of the spend is from state agencies who are required to use the agreements, half is from Oregon Cooperative members who choose to use the agreements.
9 $973,932,514
10 $57,000,000.
11 $1.8+ b
12 Maryland does not have a central procurement office.
13 $120,476,081.81. Due to reporting limitations, we believe that this amount understates actual spend through statewide contracts.
14 $150 million
15 $1.7B
17 $221,731,588.25
20 401,875,608.65
21 approximately $3 billion
23 FY16 $316M FY17 $300.5M
24 $1,044,727,536.02
25 Approximately $338 million
26 Massachusetts statewide contracts issued and administered by OSD had $1.7 billion dollars of spend in FY17.
27 It varies from year to year.
28 $157,618,408 for FY17 (this ONLY includes statewide contract spend-- not agency contracts-- including usage on national cooperative contracts like NASPO VP).
29 $1,473,630,636.71 (FY 2017)
30 The State of Minnesota runs on fiscal year. The last full fiscal year ended June 30, 2017. FY17: 2.3 billion FY16: 2.7
31 FY17 $1,457,663,619.22
32 Total Spend for goods and services under central procurement statewide contracts was approximately $510 million in FY 2017
33 2017 - $51,784,196.89
34 $486,156,205 of 2016-2017
35 $165,654,726 Spend as tracked by vendor utilization reports FY17. However, this does not account for a full year, and at at least one quarter has been backlogged due to a data normalization project. FY16 spend was $253,657,117.
38 $800 Million per year
39 approx. $1B
40 State agency spend (that we are currently able to capture [pre-full eProcurement implementation]) for FY17 on statewide contracts (on the low end) was $202,604,818.62. This does not include local government spend on those contracts.
42 $268,594,141 - for state agency spend only and does not include university or local school district spend or municipal/county spend.
44 $7,500
45 unlimited
47 $4,712,209,396.95
48 Approximately $600M . This does not include Professional services.

Has your state implemented any of the following green purchasing programs or initiatives? Please select all that apply.

Response Percent Response Total
Statewide contracts offering green products and services 62.5% 20
Green Purchasing Policy 43.75% 14
Executive Order mandating green purchasing/sustainability initiatives and goals 37.5% 12
Set-asides or price preferences for green products and services 21.88% 7
Other (please describe your green purchasing program or initiative)
# Response
13 N/A
27 No
29 Ohio does not currently have any green purchasing programs/initiatives in place.
32 Establishment of RSA 9-C Dedicated fund and central oversight
33 State Purchasing Bureau issued contracts identify whether they have Recycled Content, Biobased Materials, or Energy Efficient Products
34 Laws related to recycling mandates and preference for biobased and environmentally preferable.
40 eWaste Recycling and Disposal Service is an initiative of the Office of Administration and the State Recycling Program
42 Where applicable, we have included it as a category in our contracts.
48 alabama does not have any green purchasing initiatives
28.13% 9
Statistics based on 32 respondents;

If your state has direct or implied authority for cooperative purchasing, please indicate the section of your statute which provides that authority and if available, a website URL.

# Response
1 https://www.cga.ct.gov/2015/pub/chap_058.htm#sec_4a-53
2 http://legislature.idaho.gov/idstat/Title67/T67CH92SECT67-9224.htm
3 Yes, Section 13-1-135 NMSA 1978
4 Utah Code Section 63G-6a-2100
5 Ark. Code Ann. 19-11-249
6 30 ILCS 525/
7 https://www.oregonlegislature.gov/bills_laws/ors/ors279A.html ORS279a.050(7)(a)
8 http://www.mainelegislature.org/legis/statutes/5/title5sec1811.html
9 OCGA 50-5
10 Direct Authority SDCL 5-18A-37: http://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=5-18A-37
11 http://www.state.nj.us/treasury/purchase/
12 Code of Maryland Regulations (COMAR) section 21.11.07.09 entitled "Environmentally Preferable Purchasing"
13 W.Va. Code 5A-3-19 W.Va. Code of State Rules 148-1-7.8
14 AS 36.30.700 - .790 http://doa.alaska.gov/dgs/pdf/State Procurement Code.pdf
15 http://app.leg.wa.gov/RCW/default.aspx?cite=39.26.060
16 NRS 333.430  Cooperation of two or more departments in securing supplies: Distribution of expense.  Two or more departments may unite in cooperative work along lines germane to the functions of such departments and otherwise secure from each other supplies; and the heads thereof may agree among themselves on the distribution of the expense to be incurred, subject to the approval of the Administrator or a designated agent of the Administrator. https://www.leg.state.nv.us/nrs/NRS-333.html
17 31-7-1, et seq.
18 KRS45A.300 http://www.lrc.ky.gov/statutes/statute.aspx?id=22390
19 https://www.legis.iowa.gov/docs/code/8A.312.pdf
20 74 O.S. § 85.5.G.1., 74 O.S. § 85.7. https://www.ok.gov/DCS/Central_Purchasing/CP_Processes,_Rules_&_Statutes/index.html
22 La. R.S. 39:1702-1710 - http://www.legis.la.gov/Legis/Law.aspx?d=96137 through http://www.legis.la.gov/Legis/Law.aspx?p=y&d=96146
23 HRS 103D-802; http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0103D/HRS_0103D-0802.htm
24 287.042 Florida Statutes http://www.flsenate.gov/Laws/statutes/2014/287.042
25 24-110-201 CRS (Colorado Revised Statutes) and R-24-110-201-01 (Procurement Rule)
26 Mass.gov/OSD
27 KSA 75-3739
28 Montana Code Annotated, Title 18, Chapter 4, Part 4 http://emacs.mt.gov/cooperativepurchasing
29 Ohio Revised Code (ORC): 125.02(E), 125.04(B) http://codes.ohio.gov/orc/125
30 https://www.revisor.mn.gov/statutes/?id=16C.03 [See Subd. 10) https://www.revisor.mn.gov/statutes/?id=16C.105 https://www.revisor.mn.gov/statutes/?id=471.59
31 MCL 18.1261 (7) http://legislature.mi.gov/doc.aspx?mcl-18-1261
32 The State of New Hampshire has Implied Authority.
33 For services, statute 73-507 https://nebraskalegislature.gov/ For goods, statute 81-153 https://nebraskalegislature.gov/
34 http://www.legis.nd.gov/cencode/t54c44-4.pdf NDCC Section 54-44.4-13
35 29 Del. C., § 6933 Authorization for cooperative purchasing. http://delcode.delaware.gov/title29/c069/sc03/index.shtml (a) The section may, with written approval of the Director, participate in, sponsor, conduct or administer a cooperative or joint purchasing agreement for the procurement of materiel or nonprofessional services with 1 or more public procurement units either within the State or within another state in accordance with an agreement entered into between the participants. (b) The section may grant temporary approval to another agency to participate in, sponsor, conduct or administer a cooperative or joint purchasing agreement for the procurement of materiel or nonprofessional services with the written approval of the Director.
36 Public Contract Code 10298, 10299. See: http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PCC&division=2.&title=&part=2.&chapter=2.&article=2. http://www.dgs.ca.gov/pd/Programs/Leveraged/NASPO.aspx
37 In 2011 the NC General Assembly gave the Division of Purchase and Contract express authority to approve purchases from cooperative purchasing groups (handled as a request for waiver of competition). NCGS 143-129(e)(3) NCGS 143-49(17) 01 NCAC 05B.1513 Cooperative Purchasing
38 Government Code: Chap. 2156.181 - http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2156.htm#2156.181 Local Government Code: Chap.271, Subchap. D - http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.271.htm#271.081 State of Texas Co-operative Purchasing Program - http://comptroller.texas.gov/purchasing/programs/co-op/
39 http://webserver.rilin.state.ri.us/Statutes/TITLE37/37-2/37-2-56.HTM
40 34.046 RSMo http://www.moga.mo.gov/mostatutes/stathtml/03400000461.html
41 https://spo.az.gov/procurement-services/cooperative-procurement/state-purchasing-cooperative he State Purchasing Cooperative is a program of the Arizona Department of Administration, State Procurement Office, whereby members may participate in cooperative procurement opportunities through the use of designated Arizona State Contracts and related other services. Intergovernmental Procurement is authorized under Article 10 of the Arizona Procurement Code.
42 http://docs.legis.wisconsin.gov/statutes/statutes/16.pdf Section 16.73: (1) The department may enter into an agreement with a municipality or group of municipalities, and municipalities may enter into agreements with each other, under which any of the parties may agree to participate in, administer, sponsor or conduct purchasing transactions under a joint contract for the purchase of materials, supplies, equipment, permanent personal property, miscellaneous capital or contractual services. This subsection does not apply to construction contracts that are subject to s. 16.855 or 66.0901. (2) The department may purchase and store in warehouses articles that may be needed by agencies and municipalities. The department may sell stored articles to municipalities at cost. (3) The department may, upon request, make available to municipalities technical purchasing information including, but not limited to, standard forms, manuals, product specifications and standards and contracts or published summaries of contracts, including price and delivery information. (4)  (a) When it is in the best interest of the state and consistent with competitive purchasing practices, the department may enter into agreements with purchasing agents of any other state or the federal government under which any of the parties may agree to participate in, administer, sponsor or conduct purchasing of materials, supplies, equipment, permanent personal property, miscellaneous capital or contractual services. The state may purchase from any vendor selected as a result of such purchasing agreements. This paragraph does not apply to construction contracts that are subject to s. 16.855 or 66.0901. (b) The department may cooperate with purchasing agents and other interested parties of any other state or the federal government to develop uniform purchasing specifications under s. 16.72 (2) on a regional or national level to facilitate cooperative interstate purchasing transactions. (5) The department or its agents may enter into an agreement with the University of Wisconsin System under which either of the parties may agree to participate in, administer, or conduct purchasing transactions under a contract for the purchase of materials, supplies, equipment, permanent personal property, miscellaneous capital, or contractual services. (6) The department shall administer a program to facilitate purchases of large equipment that is needed by municipalities. The department shall purchase large equipment as a part of the program. The department may, by rule, prescribe requirements for participation in the program and for participation in specific purchases under the program. Section 16.75(6)(b): “If the secretary determines that it is in the best interest of this state to do so, he or she may waive the requirements of subs. (1) to (5) and may purchase supplies, materials, equipment or contractual services, other than printing and stationery, from another state, from any county, city, village, town or other governmental body in this state or from a regional or national consortium composed of nonprofit institutions that support governmental or educational services, or through a contract established by one of those entities with one or more 3rd parties.”
43 Cooperative Purchasing Authority § 163. Purchasing services and commodities. 10. Letting of contracts. e. The commissioner may authorize purchases required by state agencies or other authorized purchasers by letting a contract pursuant to a written agreement, or by approving the use of a contract let by any department, agency or instrumentality of the United States government and/or any department, agency, office, political subdivision or instrumentality of any state or states. A state agency purchaser shall document in the procurement record its rationale for the use of a contract let by any department, agency or instrumentality of the United States government or any department, agency, office, political subdivision or instrumentality of any other state or states. Such rationale shall include, but need not be limited to, a determination of need, a consideration of the procurement method by which the contract was awarded, an analysis of alternative procurement sources including an explanation why a competitive procurement or the use of a centralized contract let by the commissioner is not in the best interest of the state, and the reasonableness of cost. f. The commissioner is authorized to let centralized contracts, in accordance with the procedures of this section, for joint purchasing by New York state and any department, agency or instrumentality of the United States government and/or any state including the political subdivisions thereof; provided however that any entity incurring a liability under such contract shall be responsible for discharging said liability. State Finance Law Article 11 http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO: once there you need to click on the “Laws” tab, then “Laws of New York”, then scroll to “State Finance”, and then choose “Article 11” - (160 - 168) STATE PURCHASING then go to 163. 10. e & f
45 SC Code Sections 11-35-4610; 11-35-4810-4890 http://www.scstatehouse.gov/code/t11c035.php
46 The Department of Buildings and General Services has specific statutory authority for cooperative purchasing under 29 VSA Chapter 49 903a and can be found on-line at:http://legislature.vermont.gov/statutes/section/29/049/00903a.
47 https://code.dccouncil.us/dc/council/code/sections/2-354.11.html DC Official Code 2-354.11
48 http://alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/Coatoc.htm

Please indicate if your state has authority to do cooperative purchasing with any of the following? (Check all that apply.)

Response percent Response total
Local governments within the state 83.33% 40
Other local governments outside the state 79.17% 38
Public schools 77.08% 37
Other state governments 100% 48
The federal government 93.75% 45
Other countries 12.5% 6
Not-for-profit organizations 45.83% 22
None of the above 0% 0
Statistics based on 48 respondents;

Does your state purchase from any purchasing organizations listed below? (Select all that apply.)

Response Percentage Response
NASPO ValuePoint 100% 48
GSA 68.75% 33
MMCAP 85.42% 41
NJPA 58.33% 28
U.S. Communities 50% 24
Other, please specify
# Response
8 TCPN
10 National IPA, TIPS-USA
12 Various others if they meet state requirements
20 Texas DIR
28 E & I Cooperative
35 NCPA (National Cooperative Purchasing Alliance),
38 GSA contracts are used as base contracts for contracts in the Texas Multiple Award Schedule program
41 National IPA
16.67% 8
Statistics based on 48 respondents;
SECTION 3: PROCUREMENT DELEGATION

Does your central procurement organization have authority under statute or regulation to delegate portions of its authority to other state agencies?

Response Percentage Response Total
Yes 95.83% 46
No 4.17% 2
Statistics based on 48 respondents;

Up to what maximum dollar level is delegation allowed?

Response Count
Commodities
# Response
1 $50,000 when state contract does not exist
2 Unlimited
3 60,000
7 unlimited, but usually $150k
8 $5,000
9 1,000,000.00, with requirement to bid over 25,000.00 and to get approval from SPD over 250,000.00
10 25000
11 $40,000
12 Unlimited
13 $25,000
14 Unlimited
15 Varies, based on a risk assessment conducted by the Central Procurement Office
16 5,000
17 50,000
18 $20,000 (not all agencies have max amount)
19 open
20 50,000
21 $100,000
22 $25,000.00
23 Unlimited
24 N/A
25 No dollar amount, fully delegated to agency purchasing offices
26 Unlimited
27 $5000/$25,000
28 $500,000
29 $50,000
30 N/A - no formal maximum; case-specific decision
31 $500,000
32 Varies usually < $10,000 (excludes single-agency contracts)
33 $24,999.99 unless otherwise delegated authority
34 Unlimited based upon agency training level
35 Unlimited
36 Unlimited
37 $25,000
38 $50,000
39 $5K, MPA thresholds vary
40 $25,000
41 Unlimited
42 Any dollar amount for request for bid process if not provided on a mandatory statewide contract.
43 $50,000
45 discretionary
46 $3,500
47 unlimited
48 $1,000
44
Personal Services
# Response
1 n/a
2 Unlimited
3 60,000
7 unlimited, but usually $150k
8 no maximum
9 1,000,000.00, with requirement to bid over 25,000.00 and to get approval from SPD over 250,000.00
10 N/A
11 $40,000
13 $25,000
14 Unlimited
15 Varies, based on a risk assessment conducted by the Central Procurement Office
16 100,000
17 75,000
18 any amount but solicitation required
19 0
20 50,000
21 $250,000
22 $2,000.00
23 Unlimited
24 N/A
25 No dollar amount, fully delegated to agency purchasing offices
26 Unlimited
27 $5000/$25,000
28 $500,000
29 $50,000
30 N/A - no formal maximum; case-specific decision
31 $500,000
32 Varies usually < $10,000 (excludes single-agency contracts)
33 $50,000 unless exempt
34 Unlimited based upon agency training level
35 Unlimited
36 Unlimited
37 n/a
38 N/A
39 $5K, MPA thresholds vary
40 $25,000
41 Unlimited
42 Through $50,000
43 $50,000
45 discretionary
46 Decentralized at the Agency level
47 unlimited
42
Human Services
# Response
1 n/a
2 Unlimited
3 60,000
7 unlimited
8 no maximum
9 1,000,000.00, with requirement to bid over 25,000.00 and to get approval from SPD over 250,000.00
10 N/A
11 $40,000
13 $25,000
14 Unlimited
15 Varies, based on a risk assessment conducted by the Central Procurement Office
16 100,000
18 any amount in regard to personal/professional services
19 0
20 50,000
21 $250,000
22 $2,000.00
23 Unlimited
24 N/A
25 No dollar amount, fully delegated to agency purchasing offices
26 Unlimited
27 same
28 unlimited
29 $50,000
30 N/A - no formal maximum; case-specific decision
31 Unlimited
33 $50,000 unless exempt
34 Unlimited based upon agency training level
35 Unlimited
36 Unlimited
37 $25,000
38 $100,000
39 $5K, MPA thresholds vary, additional delegation based on specific project request
40 $25,000
41 Unlimited
42 Through $50,000
43 $50,000
45 discretionary
46 Decentralized at the Agency level
47 unlimited
40
IT Equipment
# Response
1 $50,000 when state contract does not exist
2 Unlimited
3 60,000
7 unlimited, but usually $150k
8 $5,000
9 1,000,000.00, with requirement to bid over 25,000.00 and to get approval from SPD over 250,000.00
10 N/A
11 $40,000
13 $25,000
14 Unlimited
15 Varies, based on a risk assessment conducted by the Central Procurement Office
16 5,000
17 50,000
18 $20,000 (approval over $1,000 required before purchase) (not all agencies have max amount)
19 open
20 Up to $25,000 if on the State CIO approved hardware and software lists
21 $100,000
23 Unlimited
24 N/A
25 Governor's Office of Information Technology http://www.oit.state.co.us/
26 Unlimited
27 same
28 $500,000
29 $50,000
30 N/A - no formal maximum; case-specific decision
31 $500,000 (DTMB Agency Procurement Only)
33 $24,999.99 with approval of OCIO
34 Unlimited based upon training, but Information Technology Dept. approval required at $25,000
35 Unlimited
36 Unlimited
37 $25,000
38 $5,000,000
39 $5K, MPA thresholds vary
40 $75,000
41 Unlimited
42 Any dollar amount for request for bid process if not provided on a mandatory statewide contract.
43 $50,000
45 discretionary
46 N/A
47 unlimited
48 $1,000
41
Technology Services
# Response
1 $50,000 when state contract does not exist
2 Unlimited
3 60,000
7 unlimited, but usually $150k
8 no maximum
9 1,000,000.00, with requirement to bid over 25,000.00 and to get approval from SPD over 250,000.00
10 N/A
11 $40,000
13 $25,000
14 Unlimited
15 Varies, based on a risk assessment conducted by the Central Procurement Office
16 100,000
17 50,000
18 $20,000 (approval over $1,000 required before purchase) (not all agencies have max amount)
19 open
20 Up to $25,000 if on the State CIO approved hardware and software lists
21 $250,000
23 Unlimited
24 N/A
25 Governor's Office of Information Technology http://www.oit.state.co.us/
26 Unlimited
27 same
28 $500,000
29 $50,000
30 N/A - no formal maximum; case-specific decision
31 $500,000 (DTMB Agency Procurement Only)
33 $50,000 with approval of OCIO
34 Unlimited based upon training, but Information Technology Dept. approval required at $25,000
35 Unlimited
36 Unlimited
37 $25,000
38 $5,000,000
39 $5K, MPA threshold vary
40 $75,000
41 Unlimited
42 Through $50,000
43 $50,000
45 discretionary
46 N/A
47 unlimited
48 $1,000
41
Consulting Services
# Response
1 n/a
2 Unlimited
3 50,000
7 unlimited, but usually $150k
8 no maximum
9 1,000,000.00, with requirement to bid over 25,000.00 and to get approval from SPD over 250,000.00
10 50000
11 $40,000
13 $25,000
14 Unlimited
15 Varies, based on a risk assessment conducted by the Central Procurement Office
16 100,000
18 any amount but solicitation required
19 open
20 50,000
21 $250,000
22 $2,000.00
23 Unlimited
24 N/A
25 No dollar amount, fully delegated to agency purchasing offices
26 Unlimited
27 same
28 $500,000
29 $50,000
30 N/A - no formal maximum; case-specific decision
31 $500,000
33 $50,000 unless exempt
34 Unlimited based upon agency training level
35 Unlimited
36 Unlimited
37 $0
38 N/A
39 $20K, MPA thresholds vary
40 $25,000
41 Unlimited
42 Through $50,000
43 $50,000
45 discretionary
46 Decentralized at the Agency level
47 unlimited
40
Travel Services
# Response
1 Permissive use of state contract
2 Unlimited
3 60,000
7 unlimited, but usually $150k
8 no maximum
9 1,000,000.00, with requirement to bid over 25,000.00 and to get approval from SPD over 250,000.00
10 N/A
11 $40,000
13 $25,000
14 Unlimited
15 Varies, based on a risk assessment conducted by the Central Procurement Office
16 5,000
18 $20,000 (not all agencies have max amount)
19 0
20 50,000
21 $250,000
23 Unlimited
24 N/A
25 No dollar amount, fully delegated to agency purchasing offices
26 Unlimited
27 same
28 unlimited
29 $50,000
30 N/A - no formal maximum; case-specific decision
31 $500,000
33 $50,000 unless exempt
34 Unlimited based upon agency training level
35 Unlimited
36 Unlimited
37 $25,000
38 N/A
39 MPA
40 $25,000
41 Unlimited
42 Through $50,000
43 $50,000
45 discretionary
46 N/A
47 unlimited
39
Building Construction
# Resoonse
1 n/a
2 NA
7 unlimited, but usually $150k
8 NA
9 1,000,000.00, with requirement to bid over 25,000.00 and to get approval from SPD over 100,000.00
10 N/A
13 $25,000
14 DOT&PF Authority
15 N/A
16 Total Delegation
17 50,000
18 $40,000 (not all agencies have max amount)
19 0
20 50,000
21 n/a
23 Unlimited
24 N/A
25 Office of State Architect https://www.colorado.gov/osa
26 N/A
27 N/A
29 $215,000
30 N/A - no formal maximum; case-specific decision
31 NA
32 Varies usually < $25,000
33 N/A not under State Purchasing Authority
34 Agencies purchase directly in accordance with law
35 Unlimited
36 N/A
37 n/a
38 N/A
39 $10K, change orders < $100K for Division of Capital Asset Management and Maintainance
40 N/A
41 Unlimited
43 $50,000
45 discretionary
46 N/A
47 NA
37
Building Leases
# Response
1 n/a
2 NA
7 not in procurement code
8 NA
9 1,000,000.00, with requirement to bid over 25,000.00 and to get approval from SPD over 250,000.00
10 N/A
13 N/A
14 $100,000
15 N/A
16 Total Delegation
19 0
20 0
21 n/a
23 Unlimited
24 N/A
25 Real Estate Programs https://www.colorado.gov/pacific/osa/realestate
26 N/A
27 N/A
29 $75,000
30 N/A - no formal maximum; case-specific decision
31 NA
33 N/A not under State Purchasing Authority
34 OMB Facilities Management approves office space lease
35 Unlimited
36 N/A
37 n/a
38 N/A
39 none
40 N/A
41 Unlimited
43 $50,000
45 n/a
46 N/A
47 NA
34
Highway Construction
# Response
1 n/a
2 NA
7 not central authority
8 NA
9 Exempt through Department of Transportation 32-2-2
10 N/A
13 N/A
14 DOT&PF Authority
15 N/A
16 Total Delegation
18 any amount (not all agencies have max amount)
19 open
20 Determined by the Oklahoma Dept. of Transportation Commission
21 n/a
23 Unlimited
24 N/A
25 Department of Transportation
26 N/A
27 N/A
29 n/a
30 N/A - no formal maximum; case-specific decision
31 NA
32 Varies usually < $25,000
33 N/A not under State Purchasing Authority
34 NDDOT purchases directly in accordance with law
35 Unlimited
36 N/A
37 n/a
38 N/A
39 none
40 N/A
41 Unlimited
45 n/a
46 VTRANS has specific authority for Highway Construction
47 unlimited
35

If the following individuals in the State Central Procurement Office are authorized to execute contracts, please indicate the dollar threshold, or indicate if it is unlimited. If “Other”, please specify the job title and dollar threshold.

Buyers/Purchasing Officers
# Response
1 $1,000,000
2 Unlimited (with review thresholds between $250,000 - $1M)
4 $50,000
5 unlimited
6 answer requires explanation: agencies enter into contracts after the CPO/SPO approves the contract for execution
7 Typical thresholds: $150k, $1m, $3m, unlimited
8 $250,000
10 up to $25,000
11 Supervisor $250,000
13 Buyers do not execute contracts
14 $0 - Unlimited
15 Varies, based on a risk assessment conducted by the Central Procurement Office (dollar value, complexity, risk, etc. are all factors)
16 0
17 unlimited
18 unlimited through competitive solicitation
19 > $1.0 MM
20 $50,000 to unlimited
22 Varies by delegation up to $250,000.00
23 Depends on their delegation
25 Not allowed to execute contracts
26 N/A
29 $0
30 Acquisition Management Specialists - Unlimited; Buyer 1 - $500,000; Buyer 2 - $1 million; Buyer 3 - $5 million
31 $1-5 million dependent on level
32 $2500
33 $25,000
34 Unlimited, based upon training
35 Not Applicable
36 3,000,000
39 Interdepartment Project Managers -
40 up to $300,000
41 $500 Million
43 $0
44 $7,500 or under
45 unlimited
46 N/A
47 as delegated
48 Unlimited
38
Central Procurement Purchasing Manager
# Response
1 $1 -3,000,000
2 Unlimited (with review at $10M)
4 $50,000
5 unlimited
6 CPO/SPO approval of contract execution starts at $1 and above
7 unlimited
8 $500,000
10 N/A
11 Asst Director $250,000- $10,000,000
13 Contracts up to $1 million
14 Unlimited
15 Varies, based on a risk assessment conducted by the Central Procurement Office (dollar value, complexity, risk, etc. are all factors)
16 0
18 unlimited through competitive solicitation
19 open
20 $50,000 to unlimited
22 Up to and including $1,000,000.00
23 Depends on their delegation
25 Unlimited
26 Delegated by CPO with no dollar cap
29 Contracts Manager $1 million
30 Unlimited
31 Manager $10m/ Director $25m
32 $10,000
33 $50,000
34 Unlimited
35 Not Applicable
36 10,000,000
39 unlimited
40 Up to $1,000,000
41 Unlimited
43 up to $500M
44 $7,500 or under
45 unlimited
46 N/A
47 as delegated
48 Unlimited
37
Chief Procurement Officer
# Response
1 $3- 5,000,000
2 Unlimited
3 unlimited
4 Unlimited
5 unlimited
7 unlimited
8 Unlimited
9 Unlimited
10 Unlimited
11 Director unlimited
13 Unlimited
14 Unlimited
15 Unlimited
16 Unlimited
17 unlimited
18 unlimited through competitive solicitation
19 open
20 Unlimited
23 Unlimited
24 $10,000,000.00
25 Unlimited
26 No dollar cap
27 Unlimited
29 $5 million
30 Unlimited
31 Unlimited
32 $50,000
33 Unlimited
34 Unlimited
35 Not Applicable
36 Unlimited
37 Unlimited; delegated from Secretary of the NC Department of Administration
39 unlimited
40 Unlimited
41 Unlimited
42 unlimited
43 unlimited
44 $7,500 or under
45 unlimited
47 unlimited
48 Unlimited
41
Other
# Response
1 Commissioner/CIO >$5,000,000
5 unlimited
9 Group Category Manager Signature to 5,000,000.00, Deputy State Purchasing Officer to $10,000,000
11 Deputy Director $10,000,000-$35,000,000
12 The state does not have a Central Procurement Office. The state has a Board of Public Works (BPW). The BPW does not have responsibility to perform procurements, but has authority to set policy, adopt regulations, and establish procedures, and to review, advise, and approve any procurement over $200,000. Those procurements are performed by various separate state "control agencies" (a "control agency" each for goods, for services, and for IT) and any delegated to any subordinate state agencies to e performed. The Control Agencies, or the subordinate agencies with DPA, have responsibility to perform the procurements, but do not have authority to execute or award any procurement contract if over $200,000, which must be sent to the BPW. Contracts under $200,000 may be executed by the agencies in accordance with various internal operating procedures.
19 open - Director
22 Assistant Director - over $1,000,000.00
23 Depends on their delegation
24 Secretary, unlimited.
29 Deputy CPO $2 million
31 Director of Enterprise Sourcing >$25m
34 Major IT contracts over $500,000 requires agency head and Chief Information Officer
35 Central Contract Officers are not Buyers.
36 Unit supervisors 5,000,000; Approval to limit competition/sole source CPO limited to $5,000,000 and DGS Director unlimited
38 Agency head or designee
43 Assistant Director = $40M; Team Leader = $10M; Deputy CPO & above = unlimited
44 $7,500 or under delegation to state agencies
17

Does your State Central Procurement Office provide the following services to state agencies?

Response Percentage Response Total
Purchase from state contracts 89.58% 43
Electronic access to state contracts 95.83% 46
Staff expertise upon request 97.92% 47
Conducting procurement on their behalf 93.75% 45
Training 97.92% 47
Certification 41.67% 20
Other, please specify
# Response
9 Best of class purchasing and procurement modeling
12 The state does not have a Central Procurement Office, but the separate Control Agencies have some limited capacity to provide some of the above-listed services
15 Access to the state's single bidder registration and notification system, Vendor outreach events, IT liaison, procurement consulting, contract transparency reporting
17 oversight of purchases
18 Certificate program based on level of state specific training
23 Compliance Reviews, policy and eprocurement for small purchases
29 Certification for central procurement office staff; certification for other agencies' procurement staff targeted for 2019.
30 Participation in enterprise sourcing teams; negotiation services
34 Online procurement and purchase order systems
35 Central Procurement establishes contracts but does not make actual purchases against them. Orders against established contracts are left with the customer Agency.
36 Freight bill auditing, Small Business/Disabled Business Certification and Outreach, Engineering, Environmentally Preferred Purchasing, Purchasing Authority Management, Disputes and Resolutions, Policy development and promulgation
22.92% 11
Statistics based on 48 respondents;
SECTION 4: CHIEF PROCUREMENT OFFICER

For the purposes of this section, major responsibilities of the central procurement office and final authority residing with the Chief Procurement Officer include:

  • Developing rules, policies, and procedures prescribing the manner in which goods and services may be procured
  • Establishing state-wide contracts to leverage enterprise spend
  • Establishing agency-specific contracts
  • Performing contract oversight, contract administration, contract management, and contract compliance
  • Resolving contract disputes
  • Centralized procurement training for procurement staff and agencies
  • Supplier relationships and training
  • Vendor registration

Does your state have a single Chief Procurement Officer (CPO)?

Response Percentage Response Total
Yes 85.42% 41
No 14.58% 7
Statistics based on 48 respondents;

How many CPOs does your state have? Please indicate if their titles, roles and authority are established in statute.

<
Response Total
# Response
6 4 CPOS - one for Higher Education, one for Vertical Construction, one for Illinois Dept of Transportation and me for General Services (70% of state spend goes through me)
12 CPOs at control agencies as well as CPOs at various other agencies throughout the state. The authority is not in statute.
23 21 yes
27 State procurement process does not mirror question.
38 Two. Non-IT: Chief Procurement Officer (Statewide Procurement Division Director) - Comptroller of Public Accounts; IT - Chief Procurement Officer - Department of Information Resources IT: Department of Information Resources Chief Procurement Officer; not in statute
45 CPO for goods and services; CPO for IT; CPO for Construction (State Engineer); Roles and authority are established in statute
6
Statistics based on 6 respondents;

What is the title of the single CPO?

Response Total
#
Responses
1 Director of Procurement
2 Administrator of the Division of Purchasing
3 State Purchasing Agent
4 Chief Procurement Officer
5 State Procurement Director
7 State Chief Procurement Officer
8 Chief Procurement Officer
9 Deputy Commissioner, State Purchasing
10 Procurement Director
11 Director, Division of Purchase & Property
13 State Purchasing Director
14 Chief Procurement Officer
15 Contracts & Procurement Assistant Director
16 Administrator of Purchasing Division
17 Director, Office of Purchasing, Travel and Fleet Management
18 Secretary of the Finance and Administration Cabinet (Delegated authority to the Executive Director of the Office of Procurement Services)
19 Chief Operations Officer
20 State Purchasing Director
21 Chief Procurement Officer
22 State Director of Purchasing
24 Chief Procurement Officer
25 Chief Procurement Officer
26 Assistant Secretary for Operational Services
28 Chief Procurement Officer
29 Chief Procurement Officer
30 Chief Procurement Officer/Director, Office of State Procurement
31 Chief Procurement Officer
32 Director of Procurement & Support Services
33 DAS Materiel Administrator
34 State Procurement Manager or Director, Central Services Division
35 Director, Government Support Services, Office of Management and Budget
36 External title: Chief Procurement Officer State of California. Internal title: Deputy Director, Procurement Division, Department of General Services
37 State Purchasing Officer (SPO) within the Department of Administration, Division of Purchase and Contract. NCGS 143-49; 01 NCAC 05A.0101 Secretary of the Department of Administration (Secretary) delegates administration to the State Purchasing Officer (SPO). State Chief Information Officer (State CIO) within the Department of Information Technology. 09 NCAC 06A.0101
39 Chief Purchasing Officer and Director of Administration
40 Director
42 Director, State Bureau of Procurement
43 One CPO appointed by the Governor, reporting to the OGS Commissioner (who delegates authority for centralized commodity, technology and services contracts to the CPO). OGS Commissioner also has legal authority to contract for construction in state owed and OGS managed buildings - (delegated to the Division of Design & Construction); leasing (delegated to the OGS Bureau of Leases); State & Federal Surplus (delegated to OGS Surplus Property); Fleet Management (delegated to OGS Bureau of Fleet Management); and Service Disabled Veterans Program (delegated to OGS Division of Service-Disabled Veterans' Business Development)
44 Purchasing Manager
46 Director, Office of Purchasing & Contracting
47 Chief Procurement Officer
48 State Purchasing Director
41
Statistics based on 41 respondents;

Is the title, role, and authority residing with the CPO established in statute?

Response Percent Response Total
Yes 60.98% 25
No 17.07% 7
Other, please specify
#
Responses
7 Not in statute, in Administrative Rule
9 Responsibilities are referenced in Code
10 Bureau of Administration to serve as state's central procurement agency
19 Delegated by the Agency Director
29 Ohio Administrative Code 123:5
30 Some specific authorities set forth in Administrative Rules
34 Rule
42 Purchasing powers for the Department of Administration are established under s. 16.71, Wis. Stats. The Secretary of the Department of Administration delegates authority to the Director, State Bureau of Procurement.
43 Procurement authority is established in the law, vested with the OGS Commissioner and made operational via delegation in whole to the CPO.
21.95% 9
Statistics based on 41 respondents;

Does the CPO report directly to the Governor?

Response Percent Response Total
Yes 8.33% 4
No 91.67% 44
Statistics based on 48 respondents;

Please indicate who the CPO reports to, and who the CPO's boss reports to: (i.e. the Governor, another official in the Governor's cabinet, the Secretary of Administration, another executive, etc.)

Response Total
#
Responses
1 Director of Procurment reports to the Commissioner of the Department of Administrative Services. The Commissioner reports to the Governor
2 CPO reports to the Director of the Department of Administration, who reports to the Governor
3 Secretary of General Services
4 The CPO reports to the the head of the Department of Administrative Services who reports to the Governor.
5 The Director of the Department of Finance and Administration
6 CPOs are an independent authority with a fiduciary responsibility to the State; appointed by the Executive Ethics Commission (EEC) and confirmed by the Senate; may only be removed for cause after a hearing by the EEC
7 CPO reports to the Chief Administrative Officer (CAO), the CAO reports to the Director of DAS/COO
8 Commissioner of the Department of Administrative and Financial Services who reports to the Governor
9 CPO reports to the Commissioner who is appointed by the Governor.
10 The CPO reports directly to the Commissioner of the Bureau of Administration which is a member of the Governor's cabinet.
11 Treasurer who then reports to the Governor
12 The "Goods" CPO reports to the DGS agency head, the "Services" CPO reports to the DBM agency head, the "IT" CPO reports to the DIT agency head (CIO), and the Transportation, Public Safety, and various other CPOs all report to their respective agency heads. All the CPOs then must follow the regulations and rules that the BPW creates
13 Cabinet Secretary of the Department of Administration
14 Reports to the Director of Shared Services of Alaska, who reports to the Commissioner of Administration, who reports to the Governor.
15 Director of the Department of Enterprise Services (a Director in the Governor's cabinet), who reports to the Governor of Washington
16 Reports to the Director of the Department of Administration who reports to the Governor of the State of Nevada
17 CPO reports to Executive Director of Department of Finance and Administration; Executive Director reports to Governor
19 The Chief Operations Officer reports to the Director of Administrative Services who,in turn,reports to the Governor.
20 CPO reports to OMES Director who reports to the Governor.
21 Deputy Secretary of Procurement then to the Secretary of Department of General Service then to the Governor
22 Assistant Commissioner-Policy & Personnel who reports to the Commissioner of Administration who reports to the Governor
24 Secretary, who reports to the Governor.
25 CPO reports to the State Controller; State Controller reports to the Executive Director of Department of Personnel & Administration; Executive Director reports to the Governor
26 Secretary for Administration and Finance who reports to the Governor
27 CPO reports to the Secretary of Administration who in turn reports to the Governor as member of the Governor's Cabinet
28 Division Administrator, Department Director
29 CPO reports to the Department of Administrative Services' (DAS) General Services Division's (GSD) Deputy Director. The GSD Deputy Director reports to the DAS Director, who reports to the Governor.
30 CPO reports to Assistant Commissioner of Administration; Assistant Commissioner reports to Commissioner of Administration
31 CPO -> Chief Deputy Director of the Department of Technology Management and Budget -> Director of the Department of Technology Management and Budget -> Governor
32 Deputy Commissioner of Administrative Services, Commissioner of Administrative Services, Governor
33 DAS Materiel Administrator reports to the DAS Director. The DAS Director reports directly to the Governor.
34 Head of Office of Management and Budget who reports to the Governor
35 The CPO reports to the Director of the Office of Management and Budget, and the Director of OMB sits on the Governor's cabinet.
36 CPO > Director, Department of General Services > Secretary Government Operations Agency (Cabinet level) > Governor
37 SPO reports to the Deputy Secretary of the Department of Administration. Deputy Secretary reports to the Secretary of the Department of Administration. Secretary reports to the Governor.
38 SPD CPO reports to (the administration of) the elected State Comptroller. DIR CPO reports to the DIR board, which is appointed by the Governor.
40 Commissioner of Administration who reports directly to the Governor
42 The CPO reports to the Deputy Division Administrator/Division Administrator. The Division Administrator reports to the Secretary of the Department of Administration. The Secretary of the Department of Administration reports to the Governor.
43 1st Deputy Commissioner of OGS who reports to Commissioner of OGS who reports to the Governor
44 General Services Division Administrator
45 CPOs report to Materials Management Officer; Materials Management Officer reports to Division Director; Division Director reports to Agency Director
46 Director of Purchasing and Contracting reports to the Commissioner of Buildings and General Services who reports to the Secretary of Administration.
48 The CPO reports to the Assistant Finance Director who reports to the Finance Director who reports to the Governor.
43
Statistics based on 43 respondents;

Please select the current CPO's position classification as the official heading the state central procurement office.

Response Percent Response Total
Civil Service/Covered 22.92% 11
Non-covered/Will and pleasure (Not by Appointment) 27.08% 13
Appointed by Governor 18.75% 9
Appointed by other entity 12.5% 6
Other, please specify
#
Response Percent Responses
3 Appointed by GSD Secretary, with approval of the Governor
10 Appointed by the Bureau of Administration
12 There is no central CPO at this time
14 Appointed by Commissioner of Administration, 6-year term, dismissal for cause only
26 Appointed by the Secretary of A&F, with the approval of the Governor
27 unclassifed - at will
42 civil service/not covered
43 Appointed by Governor at will and pleasure
47 appointed by Mayor, confirmed by City Council
18.75% 9
Statistics based on 48 respondents;

How many procurement staff members make up your state central procurement office? (Please enter a numeric value.)

Response Total
#
Responses
1 53
2 10
3 24
4 27
5 43
6 29
7 59
8 13
9 63
10 Nine (9) Staff Members, 1 Director, 1 administrative assistant & 7 buyers
11 96
12 There is no central procurement office. There are approximately 40-50 procurement staff across all of the three major control agencies. Of that number, less than 20 actually do procurements
13 53
14 7
15 76 (includes Policy, Legal, Procurement Training, and Management Analyst programs)
16 25
17 17
18 19
19 15
20 43
21 70
22 91
23 23 including inventory and surplus
24 54
25 17
26 25
27 15
28 13.5
29 89
30 97
31 51
32 15
33 23
34 10
35 14
36 210
37 34 Total positions; 13 in buyer role
38 Statewide Procurement Division (Non IT) - 49; Department of Information Resources (IT) Technology Sourcing Office) - 35
39 30
40 35
41 28
42 40
43 112
44 5
45 55
46 10
47 218
48 23
48
Statistics based on 48 respondents;

In the past two (2) years, has your central procurement office staff size:

Response Percent Response Total
Increased 35.42% 17
Decreased 22.92% 11
Stayed the same 41.67% 20
Statistics based on 48 respondents;

In the past two (2) years, have your central procurement office's procurement responsibilities:

Response Percent Response Total
Increased 83.33% 40
Decreased 0% 0
Stayed the same 41.67% 8
Statistics based on 48 respondents;
SECTION 5: STATE PURCHASING OFFICE FEES

Please specify the percentage of your State Central Procurement Office funding for each applicable category:

Mean Response Total
State Appropriations #
Responses
1 100 %
3 40 %
4 25 %
5 100 %
6 100 %
8 50 %
11 90 %
12 80 %
13 35 %
17 100 %
18 100 %
19 0 %
23 99 %
25 100 %
28 80 %
29 0 %
30 40 %
31 42 %
32 100 %
34 100 %
35 100 %
37 95 %
38 100 %
39 100 %
40 100 %
41 35 %
42 90 %
43 100 %
44 60 %
45 25 %
46 100 %
47 83 %
74.03 32
Self-funding or Administrative Fees #
Responses
2 100 %
3 60 %
4 75 %
7 100 %
8 50 %
9 100 %
10 100 %
11 10 %
12 10 %
13 65 %
14 100 %
15 100 %
19 100 %
20 100 %
22 5 %
24 100 %
26 100 %
27 100 %
28 20 %
29 100 %
30 60 %
31 19 %
33 40 %
36 100 %
37 5 %
39 1 %
41 65 %
44 20 %
45 75 %
47 1 %
48 100 %
63.90 31
Other Funding Sources #
Responses
12 10 %
16 100 %
21 100 %
22 95 %
23 1 %
29 0 %
31 39 %
33 60 %
42 10 %
44 20 %
47 15 %
40.91 11

If the state central procurement office charges fees for procurement-related services provided to any of the entities listed below, please describe the fees and how they are charged.

Response Total
State Agencies #
Responses
3 Percentage of sale from the contract, paid by the vendor.
4 No fee is charged
6 n/a
7 Fee for service on Agency Specific contracts, administrative fee on price agreement purchases
9 N/A
10 The basis for fees charged to state agencies is a percentage of the total cost of purchases from state contracts or through purchase orders.
11 .25% of contract value
13 N/A
14 Charge for procurement certification training / $300 for highest certification, $400 every 3 years to recertify at highest certification
15 1.5% (vendor management fee - state contract vendors pay the state .74% of the total spent on contracts)
16 90
19 Utility Fee 100% (refunded through rebates earned)
20 N/A
21 shared services billing to using agencies
22 The Procurement IAT amount estimates OSP's workload for agencies based on a combination of several historical indicators (agency procurement-related budget amounts, agency procurement-related expenditure amounts, and OSP historical workload.)
24 N/A
25 0%
26 0
27 0
29 Percentage of dollar value spent against contract.
30 N/A
31 Indirect charge
33 Yearly Assessment
34 0
35 No fees charged.
36 1.35% percent of each purchase
37 n/a
38 Training delivery fees
40 n/a
42 The basis for fees are calculated as a proportional percentage of each state agency’s annualized spend. Consolidated agencies, known as CAPS (Consolidated Agency Purchasing Services), are assessed according to the procurement activities provided to those agencies without procurement resources.
43 none
45 administrative fee
46 N/A
47 6% for certain surplus services
34
Political Subdivisions #
Responses
3 same
4 No fee is charged
6 n/a
7 Administrative fee on price agreement purchases
9 N/A
13 N/A
15 1.5% (vendor management fee - state contract vendors pay the state .74% of the total spent on contracts)
16 10
20 N/A
24 N/A
25 0%
26 0
27 0
29 Membership fee based on size.
30 N/A
31 MiDeal membership fees, vary by size of entity
33 .
34 0
35 No fees charged.
36 1% fee collected by contractors and remitted to state
37 n/a
38 Annual co-operative membership
40 n/a
43 none
45 administrative fee
46 N/A
26
Vendors #
Responses
2 1.25% Administrative Fee for statewide contracts
3 same
4 State Cooperative contracts may have up to a 1% admin fee for each contract.
6 n/a
7 none
8 rebates on various statewide contracts
9 N/A
10 $50 annual fee is charged to vendors who subscribe to the State's e-procurement system. Subscriptions allow online bidding and electronic notification of State solicitations.
12 Administrative fee
13 Only vendor registration fee
15 1.5% (vendor management fee - state contract vendors pay the state .74% of the total spent on contracts)
16 0
18 Administrative fees for select all state agency master agreements
19 Master Agreement rebates / Procurement Card rebates
20 $25 per category for registration
22 1-2% based on the total net (gross sales minus returns, credits and deductions) sales made to entities under the contract.
24 N/A
25 1% administrative fee of volume on state price agreements
26 1% of revenues received from sales for statewide contract vendors only payable quarterly in arrears within 45 days of the close of a quarter
27 admin fee based on contract usage fpr specified contracts
29 For contracts allowing State of Ohio cooperative usage, revenue share fees based on contract expenditure.
30 N/A
31 Admin Fees, vary by contract
32 Rebates at certain spending milestones
33 .
34 0
35 No fees charged.
36 1% fee on sales to political subdivisions
37 n/a
38 Centralized Master Bidder List annual fees; TxSmartBuy administration fee on sales
39 Effective 6/1/18 DOP will charge a 1% fee based on total spend for each MPA to be collected quarterly in arrears
40 n/a
41 100
43 only if cooperatives contract or if piggybacking a contract that has fees
46 N/A
47 1% of total sales from DC Supply Schedule Contractors
48 $200 Biennial fee and administrative(Rebate) fees
37
Statistics based on 42 respondents;

Does your State Central Procurement Office have authority to charge administrative fees for statewide contracts?

Response Total
Yes 70.83% 34
No 29.17% 14
Statistics based on 48 respondents;

Does your State Central Procurement Office charge administrative fees for statewide contract?

Response Total
Yes 82.35% 28
No 29.17% 6
Statistics based on 34 respondents;

If your State Central Procurement Office charges administrative fees for statewide contracts, please describe the fees and how they are charged.

Response Total
#
Responses
2 An Administrative Fee of 1.25% applies to most statewide contracts. Statewide contractors collect and remit the fee on a quarterly basis, based on actual usage for the prior quarter.
4 Vendors are charged up to a 1% administrative fee for cooperative contracts.
7 The fee is charged to the agency and collected by the price agreement vendor on each purchase made from an applicable statewide price agreement. Each vendor remits the sum total of all collected fees to DAS on a quarterly basis. The fee is usually 1%, but an range from 0-2%.
9 An administrative fee is charged on each statewide contract ranging from .05% to 3% depending on the complexity of managing the contract. This is the only fee we charge the vendors.
10 The fee is charged internally to each state agency that purchases from the contract. The fee is a percentage of the amount purchased from the contract. There are no fees charged to the vendor, contractor or supplier.
11 .25% Per procurement/contract
14 1.5% on total sales.
15 1.5 percent with some exceptions (for example: PCard, Fuel, Infant Formula, and potentially Federal Transit Authority funded contracts). The administrative fee is added to the contract and paid by the contractors directly to the State Central Procurement Office.
16 1% of total spend on Statewide contracts
20 Typical 1% fee on statewide contracts solicited and managed from Purchasing Division of central procurement office.
22 1 to 2% quarterly, based on the total net (gross sales minus returns, credits and deductions) sales made to entities located in the State of Louisiana under the contract.
25 An administrative fee may be required from vendors holding statewide contracts. The fee typically does not exceed 1% with the exception of 3-4 contracts out of 180. Although the central office is funded through general fund appropriations, the administrative fees offset the general fund being charged.
26 Statewide contract payments are assessed a 1% administrative fee quarterly in arrears (due 45 days after the close of the quarter). Bidders agree to the fee payment by accepting the solicitation document standard requirements for administrative fee application.
27 It is a percentage between .25 and 1.0
28 Typically 1.5% of sales on the contract unless otherwise negotiated
29 For state agency contracts, percentage of dollar value spent against contract. For contracts allowing State of Ohio cooperative usage, revenue share fees based on contract expenditure.
30 Admin fees are placed on select contracts determined by a number of factors including degree of use by local units of government. The fee is generally .5% (half a percent) to 1%. Any fees on technology contracts are shared equally with another Department (MNIT Services).
31 Rate may vary by contract. Fee is paid quarterly by contractor to Central Procurement.
33 Administrative Fee, Percentage varies but no more than 1%, paid quarterly
38 Texas SmartBuy Administrative Fee - 1.5% - charged on purchases on statewide term contracts. (Managed contracts where Texas SmartBuy e-procurement system is not used are exempted from fee.) Texas Multiple Award Schedules (TXMAS) - Sales rebate is Admin fee plus additional 0.73875%.
39 effective 6/1/18 we will charge 1% on all MPA's based on total spend of each contract. This will be collected on a quarterly basis in arrears.
40 A 1% administrative fee on all transactions on statewide contracts (less any returns or credits) is paid by statewide contractors on a quarterly basis for the life of the contract.
41 Co-op fee from Statewide Contracts for Poly Sub purchases
45 Primarily a 1% fee for statewide contracts. There are exceptions where the fee is lower or doesn't apply.
48 The central procurement office has administrative fees in statewide contracts as well as cooperative contracts. The fees are accessed to the suppliers and the suppliers must submit fees monthly along with a usage report.
26
Statistics based on 26 respondents;

SECTION 6: VENDORS' LIST PRACTICES

Please indicate if your state charges a vendor registration fee and the frequency of the fee.

Response percent Response Total
One-time 2.08% 1
Annual 10.42% 5
Biennial 2.08% 1
Other 4.17% 2
We do not charge a vendor registration fee 79.17% 38
We charge an administration fee based on contract award 2.08% 1
Please indicate the amount your state charges for vendor registration: #
Responses
5 $25
10 $50
13 $125.00
20 $25 per category
23 $12 for Hawaii Compliance Express
24 Transaction fees imposed shall be based upon the date of issuance of the payment to the vendor.
25 App 1% of spend on a quarterly basis
29 $0.00
34 No fee to register, but must comply with ND Secretary of State registration laws/fees
37 No registration fee is charged; however, a 1.75% transaction fee for goods (not services) purchased through the state's E-Procurement System.
38 $70
11
Statistics based on 48 respondents;

If applicable, what is the website URL for vendor registration for your state?

Response Total
URL
# Responses
1 http://portal.ct.gov/DAS/Procurement/Contracting/DAS-Procurement-Vendor-List-Myth/What-Next
2 https://purchasing.idaho.gov/iprovendorreg.html
3 State Purchasing Division of the State of New Mexico
5 https://www.ark.org/vendor/index.html
6 n/a
7 http://orpin.oregon.gov
8 http://www.maine.gov/purchases/venbid/newven.shtml
9 Www.doas.ga.gov/state-purchasing/suppliers/getting-started-as-a-supplier
10 https://www.mercurycommerce.com/secure/easyBid/RegisterFrame.asp?RegNum=145749&Action=CorpInfoModify
11 http://www.state.nj.us/treasury/purchase/
12 https://emaryland.buyspeed.com/bso/
13 wvOASIS.gov / Info at www.state.wv.us/admin/purchase/VendorReg.html
14 https://iris-vss.alaska.gov/
15 https://des.wa.gov/services/contracting-purchasing/doing-business-state
16 https://nevadaepro.com
17 https://sus.magic.ms.gov/sap/bc/webdynpro/sapsrm/wda_e_suco_sreg?sap-client=100#
18 https://emars.ky.gov/webapp/vssonline/AltSelfService
19 https://vss.iowa.gov/webapp/VSS_ON/AltSelfService
20 https://www.ok.gov/DCS/Central_Purchasing/Vendor_Registration/index.html
21 https://pasupplierportal.state.pa.us/irj/portal/anonymous
22 https://lagoverpvendor.doa.louisiana.gov/irj/portal/anonymous?guest_user=self_reg
23 spo.hawaii.gov
24 https://vendor.myfloridamarketplace.com/vms-web/spring/login?execution=e1s1
25 https://codpa-vss.cloud.cgifederal.com/webapp/PRDVSS2X1/AltSelfService
26 COMMBUYS.com
27 NA
28 http://vendorresources.mt.gov/
29 www.ohiosharedservices.ohio.gov
30 https://supplier.swift.state.mn.us/psp/fmssupap_1/SUPPLIER/ERP/c/M_CUSTOM_AP.M_VENDOR_REG.GBL?Page=M_VNDR_REG_PG1&Action=A&SETID=SHARE&STAGE_ID=0&TargetFrameName=None
31 https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService
32 https://das.nh.gov/purchasing/vendorregistration/(S(h0spj2rcq5qdbzbqi0myg2yz))/welcome.aspx
33 http://das.nebraska.gov/materiel/purchase_bureau/vendor/vendor-info.html
34 https://www.nd.gov/omb/vendor
35 https://denotificationservices.bbcportal.com/
37 http://ncadmin.nc.gov/evp
38 Comptroller.Texas.Gov/purchasing/programs/cmbl/
39 https://www.purchasing.ri.gov/vendors/VendorLogin.aspx
40 https://missouribuys.mo.gov/registration.html
41 https://procure.az.gov/bso/login.jsp
42 https://esupplier.wi.gov/
43 http://www.osc.state.ny.us/vendrep/
44 http://ai.wyo.gov/general-services/contracts--purchasing
45 http://procurement.sc.gov/PS/vendor/PS-vendor-registration.phtm
46 N/A
47 http://ocp.dc.gov/page/vendor-registration-electronic-solicitations-ocp
48 www.Procurement.Staars.Alabama.Gov
46

Is the list of suspended or debarred vendors posted on a website?

Response percenr Response Count
Yes 62.5% 30
No 37.5% 18
Statistics based on 48 respondents;
Please provide the URL for the website where the list of suspended or debarred vendors is posted.
Response Count
URL convicted_suspended_discriminatory_complaints_vendor_lists
# Responses
3 same as above
4 http://purchasing.utah.gov/vendorinformation/2-purchasing/87-debarredvendors.html
6 cpogs.illinois.gov
9 http://doas.ga.gov/state-purchasing/law-administrative-rules-and-policies/state-suspended-and-debarred-suppliers
11 http://www.state.nj.us/treasury/purchase/
12 http://bpw.maryland.gov/Pages/debarments.aspx
13 www.state.wv.us/admin/purchase/debar.html
15 https://des.wa.gov/services/contracting-purchasing/doing-business-state/vendor-debarment
16 purchasing.nv.gov
17 http://www.dfa.ms.gov/media/1584/debarmentlist_000.pdf
21 https://www.dgs.internet.state.pa.us/debarment_list/
23 spo.hawaii.gov
24 http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/
26 Mass.gov/OSD
28 http://emacs.mt.gov/DebarredSuspendedVendors
29 procure.ohio.gov/proc/debarment.asp
30 http://www.mmd.admin.state.mn.us/debarredreport.asp
31 http://www.michigan.gov/micontractconnect/0,4541,7-225-48677-354349--,00.html
32 https://das.nh.gov/purchasing/
34 https://www.nd.gov/omb/agency/procurement/bidders-list/suspended-and-debarred-bidders
36 http://www.documents.dgs.ca.gov/pd/smallbus/Suspendedlist.pdf
37 http://ncadmin.nc.gov/government-agencies/procurement/contracts/debarred-vendors
38 https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/debarred-vendors.php
40 http://oa.mo.gov/sites/default/files/suspven.pdf
42 https://doa.wi.gov/Pages/StateEmployees/SalesUseTax.aspx
43 List of Non-Responsible Vendors http://ogs.ny.gov/acpl/regulations/SFL_139j-k/NonResponsible.asp NYS Department of Labor Debarment List https://labor.ny.gov/workerprotection/publicwork/PWDebarmentInformation.shtm
45 http://procurement.sc.gov/PS/legal/PS-legal-suspend-debar.phtm
46 http://bgs.vermont.gov/purchasing-contracting/debarment
47 http://ocp.dc.gov/page/excluded-parties-list
29
Statistics based on 29 respondents;
SECTION 7: SOLICITATION PRACTICES

If your state has authority to conduct best value procurement, please cite and list website URL for your statutory authority.

Response Total
http://doa.alaska.gov/dgs/pdf/State Procurement Code.pdf Public Contract Code 10300 Public Contract Code 12101.5(3)
# Responses
1 3) the proposer whose proposal is deemed by the awarding authority to be the most advantageous to the state, in accordance with the criteria set forth in the request for proposals, including price and evaluation factors. Notwithstanding any provision of the general statutes to the contrary, each state agency awarding a contract through competitive negotiation shall include price as an explicit factor in the criteria in the request for proposals and for the contract award https://www.cga.ct.gov/2017/pub/chap_058.htm#sec_4a-57
2 IDAPA 38.05.01.011.24 https://adminrules.idaho.gov/rules/current/38/index.html#Purchasing
3 Section 13-1-111
4 Utah Code 63G-6a-Part 7
6 ilga.gov
30 ILCS 500/
7 ORS279a.015 https://www.oregonlegislature.gov/bills_laws/ors/ors279A.html
8 http://www.mainelegislature.org/legis/statutes/5/title5sec1825-B.html; paragraph 7
9 http://pur.doas.ga.gov/gpm/MyWebHelp/GPM_Main_File.htm
10 N/A
11 http://www.state.nj.us/treasury/purchase/
12 Best value is not defined in the Code or Maryland Regulations
13 W.Va Code 5A-3-10b W.Va. Code of State Rules 148-1-7.7
14 AS 36.30.200 Competitive Sealed Proposals
15 http://app.leg.wa.gov/RCW/default.aspx?cite=39.26.160
16 NRS333.140 https://www.leg.state.nv.us/nrs/NRS-333.html#NRS333Sec140
17 31-7-13
18 KRS 45A.080 http://www.lrc.ky.gov/Statutes/statute.aspx?id=22342
20 https://www.ok.gov/DCS/Central_Purchasing/CP_Processes,_Rules_&_Statutes/index.html
21 http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/62/62.HTM
22 La. R.S. 39:1595 - http://www.legis.la.gov/Legis/Law.aspx?d=96070
23 HRS103D-303 http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0103D/HRS_0103D-0303.htm
24 287.057(1)(c), Florida Statutes http://www.flsenate.gov/Laws/Statutes/2016/287.057
25 CRS 24-103-202.3 Invitation for Best Value Bids
26 Mass.gov/OSD Chapter 7, section 22 of Massachusetts General Laws
27 Don't understand the question.
28 http://leg.mt.gov/bills/mca/18/4/18-4-304.htm
29 http://codes.ohio.gov/orc/125.071
30 Multiple statutes authorize and address "Best Value" contracting: https://www.revisor.mn.gov/statutes/?id=16C.03 https://www.revisor.mn.gov/statutes/?id=16C.06 ( See Subd. 6) https://www.revisor.mn.gov/statutes/?id=16C.28 - (Construction)
31 http://legislature.mi.gov/doc.aspx?mcl-18-1261
32 The State of New Hampshire dose have authority to conduct best value procurement.
33 .
34 Request for Proposal N.D.C.C. Section 54-44.4-10 http://www.legis.nd.gov/cencode/t54c44-4.pdf
35 Delaware Code, TItle 29, Chapter 69, § 6924 Competitive sealed proposal; request for proposal procedure. http://delcode.delaware.gov/title29/c069/sc03/index.shtml "The determination to use competitive sealed proposals may be made if it is necessary to: (4) Compare the different price, quality and contractual factors of the proposals submitted, and (5) Award a contract in which price is not the determining factor."
36 Public Contract Code 6611(a)(4)
37 NCGS 143-49(3) NCGS 143-135.9
38 Government Code Chaps 2155.074, 2156.007, 2157.003 SPD: http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2155.htm#2155.074 and http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2156.htm#2156.007 DIR: http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2157.htm#2157.003
39 http://webserver.rilin.state.ri.us/Statutes/TITLE37/37-2/37-2-19.HTM
40 Sections 34.010 7, 34.040 3, 34.042 3 RSMo http://www.moga.mo.gov/mostatutes/stathtml/03400000101.html http://www.moga.mo.gov/mostatutes/stathtml/03400000401.html http://www.moga.mo.gov/mostatutes/stathtml/03400000421.html
41 The Procurement Code - https://spo.az.gov/administration-policy/state-procurement-resource/procurement-regulations R2-7-C314. Negotiations with Responsible Offerors and Revisions of Offers, paragraph D
43 Best Value Question State Finance Law Article 11 http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO: once there you need to click on the “Laws” tab, then “Laws of New York”, then scroll to “State Finance”, and then choose “Article 11” - (160 - 168) STATE PURCHASING then navigate to: 163. Purchasing services and commodities. 1. Definitions. j. "Best value" means the basis for awarding contracts for services to the offerer which optimizes quality, cost and efficiency, among responsive and responsible offerers. Such basis shall reflect, wherever possible, objective and quantifiable analysis. Such basis may also identify a quantitative factor for offerers that are small businesses, certified minority- or women-owned business enterprises as defined in subdivisions one, seven, fifteen and twenty of section three hundred ten of the executive law or service-disabled veteran-owned business enterprises as defined in subdivision one of section three hundred sixty-nine-h of the executive law to be used in evaluation of offers for awarding of contracts for services. 4. General provisions for purchasing services. d. Service contracts shall be awarded on the basis of best value to a responsive and responsible offerer; or, in the case of multiple awards, in accordance with paragraph c of subdivision ten of this section.
44 http://ai.wyo.gov/general-services/contracts--purchasing
45 SC Code Section 11-35-1528 http://www.scstatehouse.gov/code/t11c035.php
46 http://aoa.vermont.gov/bulletins/3point5
47 DC Official Code 2-354.03
48 N/A
45 Statistics based on 45 respondents;
Is there a statute, rule or regulation, or operating procedure for determining bidder responsibility?
Response Percent Response Total
Yes 87.23% 41
No 12.77% 6
If "yes", please cite and list website URL where publicly available
# Responses
1 http://www.sots.ct.gov/sots/lib/sots/regulations/title_04a/052.pdf
2 IDAPA 38.05.01.081 https://adminrules.idaho.gov/rules/current/38/index.html#Purchasing
3 13-1-82 and 83
4 Utah Code 63G-6a-103(77)
6 ilga.gov
7 https://www.oregonlegislature.gov/bills_laws/ors/ors279B.html 279b.110
8 http://www.maine.gov/sos/cec/rules/18/554/554c101.doc
9 Pur.doas.ga.gov/gpm
11 http://www.state.nj.us/treasury/purchase/
12 COMAR 21.06.01.01
13 W.Va. Code 5A-3-1, W.Va. Code of State Rules 148-1
14 2 AAC 12.500 / http://doa.alaska.gov/dgs/pdf/Purchasing Regulations.pdf
15 http://app.leg.wa.gov/RCW/default.aspx?cite=39.26.160
17 http://www.dfa.ms.gov/dfa-offices/purchasing-travel-and-fleet-management/purchasing-and-travel/procurement-manual/
18 http://www.lrc.ky.gov/Statutes/statute.aspx?id=22340
21 http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/62/62.HTM
22 La RS 39:1556(49); RS 39:1606; LAC 34:V.327.B; LAC 34:V.1501-1511
23 HRS103D-310; http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0103D/HRS_0103D-0310.htm
24 287.012(25) Florida Statutes. Also see 287.057, Florida Statutes
25 CRS 24-103-401. and Procurement Rule R-24-103-401-02 thru -04. Responsibility of bidders and offerors
26 Mass.gov/OSD
27 Don't understand the question
28 http://leg.mt.gov/bills/mca/18/4/18-4-301.htm
29 R.C 9.312; http://codes.ohio.gov/orc/gp9.312
30 https://www.revisor.mn.gov/statutes/?id=16C.285; also defined in Rule:https://www.revisor.mn.gov/rules/?id=1230.0150
31 http://www.michigan.gov//documents/micontractconnect/Chapter_5_-_Pre-Solicitation_512068_7.pdf
32 http://www.gencourt.state.nh.us/rules/state_agencies/adm600.html
33 81-161 - see page 1
34 N.D.A.C. 4-12-11-04, http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf
35 29 Del C. § 6924 (m). http://delcode.delaware.gov/title29/c069/sc03/index.shtml
36 For non IT Goods: State Contracting Manual Vol. 2, Chapter 4.D2.0 "Responsible Bidder: A bidder is responsible if they possess the experience, facilities, reputation, financial resources and are fully capable of performing the contract." For IT: State Contracting Manual Volume 3, Chapter 4.D2.0 "A supplier who is responsible and submits a responsive bid is one who clearly indicates compliance without material deviation from the solicitation’s terms and conditions and who possesses the experience, facilities, reputation, financial resources and other factors existing at the time of contract award."
37 http://www.pandc.nc.gov/documents/Procurement_Manual_5_8_2013_interactive.pdf
39 http://www.purchasing.ri.gov/RIVIP/publicdocuments/RULES2011/SEC4.pdf
40 Responsibility is determined by meeting mandatory requirements. http://www.moga.mo.gov/mostatutes/stathtml/03400000401.html
41 R2-7-B313. Responsibility Determinations
42 Policy: PRO-C-16, Lowest Responsible Bidder http://vendornet.state.wi.us/vendornet/procman/proc16.pdf Admin. Code (Chapter Adm 6): http://docs.legis.wisconsin.gov/code/admin_code/adm/6
43 c. "Responsible" or "responsibility" means the financial ability, legal capacity, integrity, and past performance of a business entity and as such terms have been interpreted relative to public procurements.http://www.osc.state.ny.us/vendrep/info_vresp_docreq.htm
45 http://www.scstatehouse.gov/code/t11c035.php
46 http://aoa.vermont.gov/bulletins/3point5
47 DC Official Code 2-353.02
48 www.Purchasing.Alabama.Gov
87.23% 41
Response Percentage Response
Yes 80.44% 37
No 19.57% 9
If "yes", please cite and list website URL where publicly available
# Responses
2 IDAPA 38.05.01.081 https://adminrules.idaho.gov/rules/current/38/index.html#Purchasing
3 13-1-84 and 85
4 Utah Code 63G-6a-103(78)
6 ilga.gov
7 https://www.oregonlegislature.gov/bills_laws/ors/ors279B.html ORS279b.005
8 http://www.maine.gov/purchases/policies/110.shtml
9 Pur.doas.ga.gov/gpm
11 http://www.state.nj.us/treasury/purchase/
12 COMAR 21.06.01.01
14 2 AAC 12.990(9) / http://doa.alaska.gov/dgs/pdf/Purchasing Regulations.pdf
15 http://app.leg.wa.gov/RCW/default.aspx?cite=39.26.160
17 http://www.dfa.ms.gov/dfa-offices/purchasing-travel-and-fleet-management/purchasing-and-travel/procurement-manual/
18 http://www.lrc.ky.gov/Statutes/statute.aspx?id=22340
20 https://www.ok.gov/DCS/Central_Purchasing/CP_Processes,_Rules_&_Statutes/index.html
21 http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/62/62.HTM
22 La. R.S. 39:1556(48); LAC 34:V.327.B
23 HRS103D302; http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0103D/HRS_0103D-0302.htm
24 287.012(26) & (27), Florida Statutes, See also 287.057 Florida Statutes
25 Appears numerous times and different ways in the overall Procurement Code 24-101-101 thru 24-112-101 CRS
26 Mass.gov/OSD
27 Don't understand the question
28 http://leg.mt.gov/bills/mca/18/4/18-4-301.htm
29 R.C. 9.312; http://codes.ohio.gov/orc/gp9.312
31 http://www.michigan.gov//documents/micontractconnect/Chapter_5_-_Pre-Solicitation_512068_7.pdf
32 http://www.gencourt.state.nh.us/rules/state_agencies/adm600.html
33 http://das.nebraska.gov/materiel/purchasing.html
34 N.D.A.C. 4-12-11-03, NDAC 4-12-10-01,http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf
35 29 Del C. § 6923 (o). http://delcode.delaware.gov/title29/c069/sc03/index.shtml
36 For non IT Goods: State Contracting Manual Vol. 2, Chapter 4.D2.0 "Responsive Bid: A bid is considered responsive if it indicates compliance without material deviation from the requirements of the solicitation and the terms and conditions of the proposed contract." For IT: State Contracting Manual Volume 3, Chapter 4.D2.0 "A supplier who is responsible and submits a responsive bid is one who clearly indicates compliance without material deviation from the solicitation’s terms and conditions and who possesses the experience, facilities, reputation, financial resources and other factors existing at the time of contract award."
37 http://www.pandc.nc.gov/documents/Procurement_Manual_5_8_2013_interactive.pdf
39 http://www.purchasing.ri.gov/RIVIP/publicdocuments/RULES2011/SEC4.pdf
40 Responsiveness is determined by meeting madatory requirements. http://www.moga.mo.gov/mostatutes/stathtml/03400000401.html
41 R2-7-C312. Responsibility Determinations
43 https://nyspro.ogs.ny.gov/sites/default/files/uploaded/DoingBusinessWithNYS.pdf
45 http://www.scstatehouse.gov/code/t11c035.php
46 http://aoa.vermont.gov/bulletins/3point5
47 27 DC Mun. Reg Ch 15
48 www.Purchasing.Alabama.Gov
38
Statistics based on 48 respondents;

Does the State Central Procurement Office have authority to conduct noncompetitive procurements?

Response percent Response total
Yes 93.75% 45
No 6.25% 3
Statistics based on 48 respondents;

What are the criteria to allow noncompetitive procurements?

Response Total
# Responses
1 Whenever an emergency exists by reason of extraordinary conditions or contingencies that could not reasonably be foreseen and guarded against, or because of unusual trade or market conditions, the Commissioner of Administrative Services, or, in the case of purchases, leases and contracts for information systems, information technology personal property and telecommunication systems, the Chief Information Officer, may, if it is in the best interests of the state, waive the competitive bid or proposal requirements set forth in section 4a-57.
2 Professional Services Agreements limited to one year/$100,000; Sole Source; Interagency; GSA; Correctional Industries; Rehabilitation Agencies; Emergency Purchases; OR otherwise "impractical, disadvantageous or unreasonable under the circumstances" IDAPA 38.05.01.042.10 https://adminrules.idaho.gov/rules/current/38/index.html#Purchasing
3 See Section 13-1-126
4 (1) The chief procurement officer or the head of a procurement unit with independent procurement authority may award a contract for a procurement item without engaging in a standard procurement process if the chief procurement officer or the head of the procurement unit with independent procurement authority determines in writing that: (a) there is only one source for the procurement item; (b) (i) transitional costs are a significant consideration in selecting a procurement item; and (ii) the results of a cost-benefit analysis demonstrate that transitional costs are unreasonable or cost-prohibitive, and that the award of a contract without engaging in a standard procurement process is in the best interest of the procurement unit; or (c) the award of a contract is under circumstances, described in rules adopted by the applicable rulemaking authority, that make awarding the contract through a standard procurement process impractical and not in the best interest of the procurement unit. (2) Transitional costs associated with a trial use or testing of a procurement item under a trial use contract may not be included in a consideration of transitional costs under Subsection (1)(b). (3) (a) Subject to Subsection (3)(b), the applicable rulemaking authority shall make rules regarding the publication of notice for a procurement under this section that, at a minimum, require publication of notice of the procurement, in accordance with Section 63G-6a-112, if the cost of the procurement exceeds $50,000. (b) Publication of notice under Section 63G-6a-112 is not required for: (i) the procurement of public utility services pursuant to a sole source contract; or (ii) other procurements under this section for which an applicable rule provides that notice is not required. (4) The chief procurement officer or the head of a procurement unit with independent procurement authority who awards a contract under this section shall negotiate with the contractor to ensure that the terms of the contract, including price and delivery, are in the best interest of the procurement unit.
5 Sole source procurement, where there is only one source of the required or designated commodity or service. Special Procurement, where there are unique or unusual circumstances that weigh against the usual competitive procurement process. Small procurement, where the purchase price is beneath the small procurement threshold.
6 sole source or sole economically feasible source, emergency purchases
7 Under $10,000, or emergency situations
8 http://www.mainelegislature.org/legis/statutes/5/title5sec1825-B.html, paragraph 2
9 Exempt from the State Purchasing Act, Sole Source/Sole Brand (must be established and verified prior to purchase)
10 Unique supplies or services--Sole source procurement--Negotiations. A contract may be awarded for supplies or services without competition if the purchasing agency determines in writing that the supplies or services are of such a unique nature that the contractor selected is clearly and justifiably the only practicable source to provide the supplies or services. The determination that the contractor selected is justifiably the sole source shall be based on either the uniqueness of the supplies or services or the sole availability at the location required. In such cases, the purchasing agency shall conduct negotiations, including price, delivery, and quantity to obtain the most advantageous price and shall include the written verification of the sole source in the contract file. This section does not apply to construction services or construction equipment. Website: http://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=5-18A-8
11 Sole Source Public Exigency Etc.
12 Emergency and Sole Source contracts
13 Sole source purchases or inclusion on the non-competitive, exempt list of goods and services (W.Va. Code of State Rules 148-1). This list is contained in Section 9 of the Purchasing Division Procedures Handbook, located online at http://www.state.wv.us/admin/purchase/Handbook/default.html.
14 Factual evidence allowing for independent evaluation demonstrating that: - It is in the state's best interest to award to the named vendor and - It is impracticable to conduct a competitive process.
15 Refer to the statute that identifies the exceptions to the competitive requirements: http://app.leg.wa.gov/RCW/default.aspx?cite=39.26.125
16 Proprietary or the agency can prove that there are no other vendors that can perform the work
17 Below 5,000 exclusive of freight or shipping charges
18 FAP111-08-00 FAP111-09-00 FAP111-10-00 FAP111-39-00 FAP220-06-00 http://finance.ky.gov/services/policies/Pages/default.aspx
19 Goods and services of general use: < $50k , conduct informal competition
20 Emergencies, time sensitive and best interest of the State, fair and reasonable ($5,000 and under), enterprise, standard, emergining technologies
21 http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/62/62.HTM
22 Under $5,000.00; Small Purchase Executive Order Section 5.A.; Sole Source; Used Equipment
23 Sole Source, Exemptions, Emergencies: HRS103D 306/307/403
24 Yes, 287.042, Florida Statutes, 287.057(3)-(5), Florida Statutes
25 Discretionary - less than $10,000 for goods and less than $25,000 for services Sole Source - 1 good/service can meet our needs and only 1 vendor can provide the good/service Emergency - threat to life/safety of people or functioning of state government
27 KSA 75-3739
28 http://leg.mt.gov/bills/mca/18/4/18-4-306.htm
29 Holding similarly situated contracts with favorable pricing and having significant customer base and financial stability; installation and maintenance services and licenses; leverage other government and consortia contracts; federal agency contracts.
30 Statute provides a number of instances where a competitive solicitation process is not required. These include instances such as when it is demonstrated a good or service is reasonably available from a single source or in cases of emergency. A full listing is provided in this link to the statute: https://www.revisor.mn.gov/statutes/?id=16C.10
33 see page 1
34 Law, rule specify circumstances/ Procedure requires an Alternate Procurement form to be approved by the OMB State Procurement for any noncompetitive purchases over the dollar threshold for micro-purchases.
35 29 Del C. § 6925 Sole source procurement. http://delcode.delaware.gov/title29/c069/sc03/index.shtml A contract may be awarded for materiel or nonprofessional services without competition if the agency head, prior to the procurement, determines in writing that there is only 1 source for the required materiel or nonprofessional service. Sole source procurement shall not be used unless there is sufficient evidence that there is only 1 source for the required material or service and that no other type of material or service will satisfy the requirements of the agency. Title 16, Chapter 96, § 9604 (d) The Commission shall notify, in writing, Government Support Services whenever it grants a set-aside contract with agencies and establishes a price for the products or services to be sold to agencies pursuant to that contract. Government Support Services shall publish a list of products and services provided by CRPs or CNAs that the Commission recommends as suitable for procurement by agencies of this State pursuant to this chapter. Title 29, Chapter 69, § 6907 Emergency procedures and critical need for professional services. (a) An agency head may waive any or all provisions of this chapter to meet the critical needs of the agency as required by emergencies or other conditions where it is determined to be in the best interest of the agency. The agency head may determine an emergency condition exists by reason of extraordinary conditions or contingencies that could not reasonably be foreseen and guarded against. An emergency condition creates an immediate and serious need for materiel and/or nonprofessional services that cannot be met through normal procurement methods for the protection of public health, safety or property. (1) Any procurement pursuant to this subsection shall be limited to those materials and/or nonprofessional services necessary to satisfy the emergency. (2) Any public works project contracted pursuant to this subsection shall be subject to § 6960 of this title. (3) Any public works project contracted pursuant to this subsection shall be subject to § 6962(d)(4)b. of this title. (4) A copy of each emergency determination processed under this procedure shall be kept on file by the agency. (b) In addition to the waiver provisions provided for in subsection (a) of this section, an agency head may waive any or all provisions of subchapter VI of this chapter to meet a critical need of the agency as required by an emergency or other condition where it is determined to be in the best interest of the agency. The agency head may determine a critical need exists by reason of conditions or contingencies that could not reasonably be foreseen and guarded against. A critical need creates a need for professional services that cannot be met through normal procurement methods. (1) Any procurement pursuant to this subsection shall be limited to those professional services necessary to satisfy the critical need. (2) A copy of each critical need determination processed under this procedure shall be kept on file by the agency. 36 For non-IT Services: There is a long list of exemptions under Public Contract Code 10340 (see: http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PCC&division=2.&title=&part=2.&chapter=2.&article=4.). However, the CPO must approve exemptions under PCC 10340(4) and PCC 10348. The regulations DGS follows in approving these exemptions is listed in State Contracting Manual Vol. 1, Section 5.80. For non-IT Goods: Requesting agency and Department of General Services must agree that, for purchase over $25,000, an article of a specified brand or trade name is the only article that will properly meet the needs of the agency. For IT: PCC 12102(b): "...(1) the goods and services proposed for acquisition are the only goods and services which can meet the state’s need, or (2) the goods and services are needed in cases of emergency where immediate acquisition is necessary for the protection of the public health, welfare, or safety."
37 01 NCAC 05B.1401 Policy (Waiver of Competition) Under conditions listed in this Rule, and otherwise if deemed to be in the public interest by the SPO or the agency, if under its delegation or benchmark, competition may be waived. Conditions permitting waiver include cases where performance or price competition is not available; where a needed product or service is available from only one source of supply; where emergency action is indicated; where competition has been solicited but no satisfactory offers received; where standardization or compatibility is the overriding consideration; where a donation predicates the source of supply; where personal or particular professional services are required; where a particular medical product or service, or prosthetic appliance is needed; where a product or service is needed for the blind or severely disabled and there are overriding considerations for its use; where additional products or services are needed to complete an ongoing job or task; where products are bought for "over the counter" resale; where a particular product or service is desired for educational, training, experimental, developmental or research work; where equipment is already installed, connected and in service, and it is determined advantageous to purchase it; where items are subject to rapid price fluctuation or immediate acceptance; where there is evidence of resale price maintenance or other control of prices, lawful or unlawful, or collusion on the part of companies which thwarts normal competitive procedures; where the amount of the purchase is too small to justify soliciting competition or where a purchase is being made and a satisfactory price is available from a previous contract; where the requirement is for an authorized cooperative project with another governmental unit(s) or a charitable non-profit organization(s); and where a used item(s) is available on short notice and subject to prior sale.
38 Proprietary Govt. Code 2155.067; Emergency - Govt. Code 2155.037
39 http://webserver.rilin.state.ri.us/Statutes/TITLE37/37-2/37-2-21.HTM
40 Single Feasible Source Procurements, Contracts established with governmental entities directly, contracts to use other governmental entities' contracts, and Emergency procurements.
41 § 41-2536. Sole source procurement A contract may be awarded for a material, service or construction item without competition if the director determines in writing that there is only one source for the required material, service or construction item. The director may require the submission of cost or pricing data in connection with an award under this section. Sole source procurement shall be avoided, except when no reasonable alternative sources exist. A written determination of the basis for the sole source procurement shall be included in the contract file. § 41-2537. Emergency procurements Notwithstanding any other provision of this chapter, the director may make or authorize others to make emergency procurements if there exists a threat to public health, welfare or safety or if a situation exists which makes compliance with section 41-2533, 41-2534, 41-2578, 41-2579 or 41-2581 impracticable, unnecessary or contrary to the public interest as defined in rules adopted by the director, except that such emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.
42 PRO-C-13, Noncompetitive Negotiation (Sole Source) http://vendornet.state.wi.us/vendornet/procman/proc13.pdf
43 163. Purchasing services and commodities. 1. Definitions. g. "Sole source" means a procurement in which only one offerer is capable of supplying the required commodities or services. h. "Single source" means a procurement in which although two or more offerers can supply the required commodities or services, the commissioner or state agency, upon written findings setting forth the material and substantial reasons therefor, may award a contract or non-technical amendment to a contract to one offerer over the other. The commissioner or state agency shall document in the procurement record the circumstances leading to the selection of the vendor, including the alternatives considered, the rationale for selecting the specific vendor and the basis upon which it determined the cost was reasonable. 163 9. Soliciting and accepting offers. For purchases from sources other than preferred sources and for purchases in excess of the discretionary buying threshold established in subdivision six of this section 10. b. (i) Single or sole source procurements for services or commodities, or procurements made to meet emergencies arising from unforeseen causes, may be made without a formal competitive process and shall only be made under unusual circumstances and shall include a determination by the commissioner or the state agency that the specifications or requirements for said purchase have been designed in a fair and equitable manner. The purchasing agency shall document in the procurement record, subject to review by the state comptroller, the bases for a determination to purchase from a single source or sole source, or the nature of the emergency giving rise to the procurement. (ii) State agencies shall minimize the use of single source procurements and shall use single source procurements only when a formal competitive process is not feasible. State agencies shall document in the procurement record the circumstances and the material and substantial reasons why a formal competitive process is not feasible. The term of a single source procurement contract shall be limited to the minimum period of time necessary to ameliorate the circumstances which created the material and substantial reasons for the single source award. Not later than thirty days after the contract award, state agencies shall, for all single source procurement contracts, make available for public inspection on the agency website, a summary of the circumstances and material and substantial reasons why a competitive procurement is not feasible. Any information which the contracting agency is otherwise prohibited by law from disclosing pursuant to sections eighty-seven and eighty-nine of the public officers law, shall be redacted from the documentation published on the agency website. SFL Section 163 6. Discretionary buying thresholds.  Pursuant to guidelines established by the state procurement council:  the commissioner may purchase services and commodities in an amount not exceeding eighty-five thousand dollars without a formal competitive process;  state agencies may purchase services and commodities in an amount not exceeding fifty thousand dollars without a formal competitive process;  and state agencies may purchase commodities or services from small business concerns or those certified pursuant to article fifteen-A of the executive law, or commodities or technology that are recycled or remanufactured, or commodities that are food, including milk and milk products, grown, produced or harvested in New York state in an amount not exceeding two hundred thousand dollars without a formal competitive process.
44 single source, compatibility, manager's authorized dealer
45 Sole source procurements
46 While a competitive solicitation process is preferable, the State may enter into a contract for $10,000 or less without a competitive solicitation process. However, at time of contract execution, a supervisor must place in the official contract file a written explanation for selecting the contractor. Sole-Source Contract Greater than $10,000 (non-emergency) In other than an emergency situation, the Appointing Authority must forward a copy of the proposed sole-source justification request and contract, to the Secretary at least four weeks prior to the planned execution date. AGO approval As to Form is not effective until approval by the Secretary of the Sole Source.
47 Statutory exemptions DC Official Code 2-354.13 Emergency Procurements DC Official Code 2-354.05 Sole Source Procurements DC Official Code 2-354.04 Procurements under $10,000 DC Official Code 2-354.07
48 Award by multiple quotes
45
Statistics based on 45 respondents;

What is your state's dollar threshold(s) for informal procurement?

Response Total
# Responses
1 Not sure what your definition is of an "informal procurement, but <$10,000 (when a state contract does not exist), an agency may just obtain 3 quotes.
2 $10,000
3 See Section 13-1-125
4 No threshold is established.
5 Arkansas has a small procurement threshold of $20,000, which is increased to $40,000 if the contractor is a certified woman owned or minority owned business enterprise.
6 $100,000 goods and services and construction
7 Under $150,000 (except Construction, $125,000)
8 $5,000
9 < 25,000.00
10 Below $25,000.
11 N/A
12 Up to 50,000
13 $25,000 or less.
14 $1 - $100,000
15 State agencies are authorized to purchase goods and services up to a cost of $10,000 (excluding sales tax) directly from a vendor and without competition. In addition, agencies are authorized to purchase goods and services up to a cost of $13,000 (excluding sales tax) directly from a vendor and without competition if the purchase is being made from a microbusiness, minibusiness, or small business as those terms are defined by RCW 39.26.010 (19), (20) and (21). Anything above those amounts require an appropriate competitive procurement process (can be formal or informal depending on the commodity/service/complexity/etc.).
16 $25,000 for Services $50,000 for Commodities
17 5,000 - 50,000 may be done with quotes
18 Statutorily $5,000 - $40,000 for the central procurement office
19 > $1,500 to < $50k
20 $25,000 and under
21 under $10,000
22 $5,000 - $15,000 - 3 quotations by telephone, facsimile or other means $15,000 - $25,000 - 5 quotations by facsimile or written means
23 What is informal procurement?If you mean small purchases, then $100K, if you mean micro-purchases, it is $2,500
24 $35,000.00, or less
25 Greater than $10,000 to $150,000 for goods. Greater than $25,000 to $150,000 for services. Small purchase solicitations are done through Documented Quotes (less than $150,000).
26 Incidental purchase threshold is $10,000. Over $10,000 require competitive procurement. As a best value state we do not distinguish between informal and formal.
27 Don't know what is informal procurement.
28 $5,000-$25,000 for services. $5,000-$50,000 for goods.
29 $500.00
30 Statute identifies "Informal Solicitations" as contracts valued under $50,000. Informal solicitations are defined as solicitations that do not require a sealed response. A competitive process is required for procurements over $5,000. Public advertisement is required at $25,000. Competition is not required (although encouraged) for solicitations under $5000.
31 $2,500
32 Less than $10,000
33 Goods $10,000 to $24,999.99 Services $50,000 and under
34 Over $2,500 - $25,000 now. On July 1, 2018 moving to 3 bids/proposals $10,000-$50,000. Informal with online notice to the fully bidders list from $50,000-$100,000.
35 Small Purchase Procedures and Thresholds: http://gss.omb.delaware.gov/contracting/spp.shtml Materiel and Non-Professional Services, based on annual $ threshold Less than $10,000 - Open Market Purchase $10,000 - $24,999 - 3 Written Quotes $25,000 and over - Formal Bid Public Works, based on project $ Less than $50,000 - Open Market Purchase $50,000 - $99,999 - 3 Letter Bids $100,000 and over - Formal Bid Professional Services, based on anticipated cumulative $ spend Less than $50,000 - Open Market $50,000 and over - Formal RFP Process
36 Less than $1,000,000
37 $5,000 - $10,000
38 $5,000-$25,000
39 < 5K for goods and services < 10K for construction
40 $3,000.01 to $24,999
41 unlimited
42 Simplified bidding may be used when the total cost of a transaction, including renewal options, is $50,000 or less. When the estimated cost is $5,000 or less, best judgment may be used (award to the vendor judged best able to supply).
43 https://bsc.ogs.ny.gov/sites/default/files/PurchasingRequirements_2-26-16.pdf Regulations require advertisement in NYSCR at $50,000. Practical guidelines for agencies are: Agencies may purchase commodities, technology and services in the open market when the procurement/purchasing need cannot be met by a Preferred Source or NYS Centralized Contract. $0 - $2,500 – agency informal quote $2,501 - $10,000 – agency 1 formal quote $10,001 - $49,999 – Agency - 3 written quotes $50,000 & over COMMODITIES & TECHNOLOGY - Agency or BSC IFB $50,000 & over ONGOING SERVICES - Agency Formal Bid $50,001 - $200,000 Purchasing from a NYS small business; MWBE; recycled or remanufactured goods; food grown, produced or harvested in NYS - Agency - 3 written quotes
44 $7,500 and under
45 small purchases not exceeding $2,500 (pricing must be considered reasonable)
46 Services Below $100,000 - Standard or Simplified Bid Process
47 $10,000 to $100,000
48 >$1,000 but <$14,999
48
Statistics based on 48 respondents;

What is your state’s dollar threshold for formal competitive procurement?

Statistics based on 48 respondents;
Response Total
# Responses
1 > $50,000
2 $100,000
3 $60,000.00
4 Over $1000
5 $75,000
6 above small purchase threshold listed above
7 $150,000 (except construction, $125,000)
8 $10,000
9 >$25,000.00
10 $25,000 and above.
11 $40,000
12 Over 50,000
13 More than $25,000
14 $100,000+
15 State agencies are authorized to purchase goods and services up to a cost of $10,000 (excluding sales tax) directly from a vendor and without competition. In addition, agencies are authorized to purchase goods and services up to a cost of $13,000 (excluding sales tax) directly from a vendor and without competition if the purchase is being made from a microbusiness, minibusiness, or small business as those terms are defined by RCW 39.26.010 (19), (20) and (21). Anything above those amounts require an appropriate competitive procurement process (can be formal or informal depending on the commodity/service/complexity/etc.).
16 Anything over $25,000 for Services Anything over $50,000 for Commodities
17 Above 50,000 requires advertising
18 Statutorily over $40,000 for the central procurement office
19 >$50k
20 $25,000 and up
21 http://www.dgs.pa.gov/Documents/Procurement Forms/Handbook/Pt1/Pt I Ch 07 Thresholds and Delegations.pdf
22 $25,000.00
23 $25,000
24 greater than $35,000.00
25 Greater than $150,000 for goods/services. Formal competitive procurements are Invitation for Bids or Request for Proposals.
26 Over $10,000.
27 $5000 or above.
28 over $25,000 for services and over $50,000 for goods.
29 $50,000
30 Statute identifies "formal" solicitations as contracts valued over $50,000. Formal solicitations are defined as requiring a sealed response. A competitive process is required for procurements over $5,000. Public advertisement is required at $25,000.
31 $10,000
32 Greater than $10,000
33 Goods $50,000 and over Services $50,000 and over
34 Over $25,000 now. On July 1, 2018 moving to $100,000.
35 Small Purchase Procedures and Thresholds: http://gss.omb.delaware.gov/contracting/spp.shtml Materiel and Non-Professional Services, based on annual threshold $25,000 and over - Formal Bid Public Works, based on project $ $100,000 and over - Formal Bid Professional Services, based on anticipated cumulative $ spend $50,000 and over - Formal RFP Process
36 $1,000,000 or above
37 $10,000 Agencies (non-IT) $25,000 Universities (non-IT) $25,000 Information Technology (IT)
38 Over $25,000
39 We no longer do formal bids; small purchases defined in the informal procurement question above and competitive procurements
40 $25,000 or more
41 Unlimited
42 The official sealed bid or request for proposal process is used when the procurement is expected to cost over $50,000.
43 $50,000, or $200,000 if the work will be performed by and MWBE vendor.
44 $7,500.01 and higher
45 $2,500.01 (See SC Code Section 11-35-1550) http://www.scstatehouse.gov/code/t11c035.php
46 Services Greater Than $100,000 – Standard Bid Process
47 $100,000 or more
48 $15,000 and over
48

Does the State Central Procurement Office have authority to conduct multi-step competitive sealed bidding?

Response percent Response total
Yes 91.67% 44
No 8.33% 4
Statistics based on 48 respondents;

If the State Central Procurement Office has authority to conduct reverse auctions, what is your state’s experience using reverse auctions? (Choose the option that best applies)

Response Percent Response Count
None conducted and no future auctions planned 31.92% 15
None conducted, but have future auctions planned 8.51% 4
Have conducted a few, but have no future auctions planned 34.04% 16
Have conducted a few and have future auctions planned 25.53% 12
Statistics based on 47 respondents;

If applicable, indicate the duration for which bids or proposals are confidential:

Until Intent to Award Letter

Until Contract Award/Extension

Forever

Until Opened

Other (specify time limits)
Bids View Text Response
Proposals View Text Response
Statistics based on 43 respondents;
SECTION 8: CONTRACTING PROCEDURES

Definition: For purposes of these questions, contract “execution” refers to whatever process your state/State Central Procurement Office uses to enter into a binding contractual relationship, e.g. use of an award that operates as an acceptance of a bid or offer, issuance of a purchase order to accept a bid or offer, or bilateral execution of a contract document after an award decision is made.

For those contracts developed by the State Central Procurement Office, is there a review, approval or pre-audit step (by someone outside the State Central Procurement Office) that precedes public announcement of the contract award?

Response percent Response Total
Yes 22.92% 11
No 56.25% 27
Sometimes 20.83% 10
Statistics based on 48 respondents;

Please identify the agency that reviews, approves, or pre-audits prior to public announcement of the contract award.

Response total
# Respobses
5 The Governor's Office and the Arkansas Legislative Council review services contracts above certain thresholds. The Department of Information Systems reviews IT contracts over certain thresholds.
7 Department of Justice conducts legal sufficiency review on all contracts over $150,000
8 State Procurement Review Committee for statewide master agreements for services over $1 million
11 Comptroller at certain $$$ thresholds
12 Board of Public Works
13 State Attorney General's Office
16 Attorney Generals Office, in house general counsel
18 Office of General Counsel
19 Requesting agency and AG if necessary...may also depend upon nature of contract.
20 Legal Division of OMES
21 Office of General Counsel, Attorney General, or Treasury. These are not required for every contract. It depends on the terms and conditions used and dollar value of the contract.
24 Reviews of contracts prior to award are all internal with the Department of Management Services.
28 If an IT Contract, it is reviewed/approved by our State Information Technology Services Division.
32 Commissioner's Office, Attorney General's Office, for some Treasury would also have to approve.
36 For most procurements, there is a time between bid opening and announcement of intended award where both DGS and the client agency review the full bid response to ensure the bid is responsive and the bidder is responsible. An evaluation and selection report is written and reviewed by both DGS and the client agency. Once approved by both, the intent to award may be issued.
38 Comptroller of Public Accounts - Administrative and Support Services - Statewide Contracting Legal Counsel section
39 Our Division of Legal Services on large procurements will prepare the contract documents. At this time, they often review the RFP.
40 The Commissioner of Administration is briefed on some procurements prior to award for review/approval. Prior to award, the buyer typically seeks approval from the state agency decision maker. So depending on the procurement circumstances, the Commissioner of Administration, the State Agency Management or both could review, approve in advance.
42 Office of the Secretary of the Department of Administration
46 Reference Section X. CONTRACT ROUTING AND APPROVALS, B. Approvals - Required Prior Approvals of Administrative Bulletin 3.5 (http://aoa.vermont.gov/bulletins/3point5). Prior approval of contracts are based on the type, and value of the contract.
47 Office of Attorney General Reviews all contracts over $1 million for legal sufficiency City Council approves all contracts over $1 million
21
Statistics based on 21 respondents;

On average, what is your state's standard contract length for all contracts?

Response Percente Response Total
1 Year 12.5% 6
2 Years 10.42% 5
3 Years 14.58% 7
4 Years 4.17% 2
5 Years 18.75% 9
Other, please specify. Please also indicate if statewide contracts have a different contract length.
>
#Responses
1 3-5 yrs on average, it varies
2 There is no standard; however, typically five years or less for an initial term, with optional renewals
3 Varies depending on purchase and need.
5 7 years
9 Based on other factors of longevity, build out, etc. there are some contracts with a 10 year lifecycle.
11 3yrs + 2 Extension yrs
19 6
21 Generally contracts have an initial term of 2 or 3 years with options to renew, which max out at 5
23 Varies 1yr-5yrs+
26 3 yrs. with options to renew beyond that initial term
27 Best interest of the State
31 3-5 is typical, but differs depending on subject of contract
32 Depending upon the commodity or service, a contract may run from 1 year to 5 or more years. Average is 2-5 years.
33 Goods average 5 years. Services 5-10 years. Some longer if large complex projects
35 Varying: 1 to 3 year initial term, with 1-3 optional 1-year extensions.
36 Three years is typical but not standard.
40 Rule of thumb is 1 year plus two, one-year renewal options for agency-specific and statewide contracts. However, the contract terms can vary.
43 normally 5 years - depends on the area (normally 2 or 3 years with mutual extension options. All have extension options - beyond 5 years .
47 1 year, with 4 one-year option periods
39.58% 19
Statistics based on 48 respondents;

What is your state's maximum duration for all contracts?

Response percent Response total
1 years 2.08% 1
2 years 0% 0
3 years 0% 0
4 years 4.17% 2
5 years 14.58% 7
6 years 2.08% 1
Other, please specify if the maximum duration is established in statute or not and if it is different for statewide contracts.
# Responses
1 no maximums
2 There is no established maximum, it will vary based on the nature of the goods and services (considering multiple factors).
3 8 years, but 4 years for professional services
4 There is no maximum duration.
5 7 years
6 10 years
7 no restriction in statute
9 5 years, unless prior approval received from State Purchasing
10 There is no maximum length established to limit duration of contracts.
11 no statutory limit
13 Most contracts may be renewed up to 36 months
14 No maximum duration exists
16 based on agency needs
18 Generally 4 renewal options are available but depending on the services some contracts may have a 30 year duration.
19 Six years on all contracts, with the exception of IT service contracts which may be ten years.
20 Varies by contract
23 None
24 Length of contracts are not predetermined and depend on type of good or service.
25 Beyond 5 years allowed by statute (CRS 24-106-105) and CPO approval
26 There is no specified limit
27 Best interest of the State
28 7 years for non IT. 10 years for IT goods and services.
29 Maximum duration is not specified in statute.
30 Generally the maximum duration is 5 years, but authority exists to allow longer durations if justifed and approved. There is no limit on how long it can be.
31 Useful life of the product or service
32 We have some that run greater than 5 years.
33 Statute doesn't provide a maximum, but states that contracts cannot be for an unlimited duration
34 No stated maximum duration in law, rule, policy. ND University System max of 10 years.
35 State code does not specify a limit for contract duration, and most central contracts vary between 1-6 years. Code does identify a maximum number of years for the Dept. of Nat Resources, with the limit set at 25 years for the operation of services within state parks.
36 There is no limit to the duration in law or policy.
37 Contracts greater than 3 years require prior SPO approval.
39 While three years is the average, there are rare cases where the contract length extends beyond six years
40 There is no specified maximum. We make contract-specific detrminations. However, contract terms in excess of 5 years are infrequent.
42 Section 16.75(3), Wis. Stats., states that contracts may be for any term deemed to be in the best interests of the state. State Procurement Manual policies provide guidelines to state agencies on length of contracts. PRO-E-10, Length of Contracts http://vendornet.state.wi.us/vendornet/procman/proe10.pdf PRO-E-24, Extended Period/Continuing Contracts http://vendornet.state.wi.us/vendornet/procman/proe24.pdf 16.75(3) The department may let contracts in excess of funds available. Except in the cases to which s. 18.10 (1) applies, any such contract shall state in substance that its continuance beyond the limits of funds already available is contingent upon appropriation of the necessary funds. Contracts may be for any term deemed to be in the best interests of the state but the terms and provisions for renewal or extension, if any, shall be incorporated in the bid specifications and the contract document.
43 no duration in law
44 Dependent on nature of services.
45 The maximum time for a multiterm contract is 5 years. CPO approves contracts up to 7 years. Contracts exceeding 7 years are approved by the SFAA.
77.08% 37
Statistics based on 48 respondents;

Does the State Central Procurement Office provide contract management training to state agencies?

Response percent Response total
Yes 56.25% 27
No 43.75% 21
Statistics based on 48 respondents;

If your state has a contract management manual and/or a contract administration manual, please provide a website URL.

Response Total
# Responses
2 https://purchasing.idaho.gov/index.html
7 N/A
9 In Process
10 None
12 n/a
18 NA
24 https://www.dms.myflorida.com/business_operations/state_purchasing/public_procurement_professional_development/florida_certified_contract_manager
25 This is being developed.
26 https://www.mass.gov/conducting-best-value-procurements
27 NA
29 procure.ohio.gov/pdf/pur/procmanual.pdf
30 N/A
32 N/A
33 No
34 http://www.legis.nd.gov/information/acdata/pdf/4-12-13.pdf
35 No contract manual exists, but dispute resolution process exists here: https://mymarketplace.delaware.gov/documents/agency-dispute-flowchart.pdf
38 https://comptroller.texas.gov/purchasing/publications/ (Note: New guide is scheduled for publication in summer 2018.)
39 We do not have a manual
40 We are in process of updating our Contract Management Guide and anticipate issuance around the beginning of the fiscal year. Our current manual, although a public record, is viewed as internal policies/procedures so is not published on a public website. Copy of current Contract Management Guide attached to survey response. New one available in coming weeks.
41 n/a
45 https://procurement.sc.gov/search/node/contract administration (On Reference Room page look under "Procurement Services Publications" heading for link to guidelines)
48 N/A
22
Statistics based on 22 respondents;

If the State Central Procurement Office maintains a record of vendor performance, what aspects do you track and report centrally?

Response Total
# Responses
5 Delivery, service level.
7 Oregon is just launching a vendor management program for IT contracts.
9 In Process
10 Each contract administrator maintains records of vendor of performance (delivery, quality, customer service, invoicing, communication, etc.).
11 Central Procurement Office final decisions on agency complaints regarding vendor performance
12 n/a
18 Responsiveness, service quality, billing, deliverables, delivery
19 NA
21 http://www.dgs.pa.gov/Documents/Procurement Forms/Handbook/Pt1/Pt I Ch 14 Contractor Responsibility.pdf
24 A Vendor Performance Tracking (VPT) survey will be generated for paid invoices completed in MyFloridaMarketPlace against the following: • All State Term Contracts (STC) • All State Purchasing Agreements (SPA) • All Agency Term Contracts (Release Required and Invoice Only) • All Other transactions equal to or greater than $2500 (including governmental entities) The VPT survey consists of four categories which must contain a rating score before the user can submit the survey. The Requestor/MA Contact will select a score for each category. The following categories are listed on the survey: • Performance to Specifications: conformance of the commodities/services to the requirements of the order • Delivery: comparing commodity delivery or service performance dates to the order schedule • Invoicing: meaning comparing the pricing or budget, and invoice accuracy and detail, to order requirements • Customer Service: rating the vendor's service, in areas such as communication and problem solving, to the customer's expectations.
25 Vendor performance was being tracked prior to changes to our Procurement Code in August 2017. The focus now is on performance measures and contract management.
26 vendor performance is tracked by individual contracts and is not reported centrally. We track vendor sales centrally.
27 Complaint to vendor form submitted by the agency.
29 See https://procure.ohio.gov/ctv/vendorperformance.asp for vendor performance forms/data elements. While there are no routine, central reports for this information, it is logged and stored in the Office of Procurement Services shared network drive.
30 OSP maintains vendor performance evaluations online at: http://www.mmd.admin.state.mn.us/PTEVals/ptevalreviewmain.asp
31 End users and other stalk-holders rate performance on a variety of criteria, this information is aggregated across contracts and years.
32 N/A
33 Currently, SPB does not track vendor performance. However, if agencies are having performance issues with a vendor, the agency may submit a Vendor Performance Report and SPB will work with the agency and vendor to try to resolve.
34 Does not.
38 The purpose of the Vendor Performance Tracking System is to: identify vendors that have exceptional performance; aid purchasers in making a best-value determination based on vendor past performance; provide performance grades (A-F) in five measurable categories for the CMBL vendors; and track vendor performance for delegated and exempt purchases.
39 We do not currently track vendor performance. We do provide for a vendor complaint process should an agency be dissatisfied with a vendor.
40 Toda, we maintain a web-based posting of suspended/debarred vendors (https://oa.mo.gov/sites/default/files/suspven.pdf). As part of our new Contract Management Practices, we are planning to request Vendor Performance summary information including a vendor performance rating from state agencies as part of our Contract Closeout Process.
41 no
45 n/a
48 n/a
25
Statistics based on 25 respondents;
SECTION 9: ELECTRONIC PROCUREMENT SYSTEMS

Does your state use an eProcurement or ERP system?

Response percent Response total
Yes 97.92% 47
No 2.08% 1
Statistics based on 48 respondents;

Please list the name and provider of the eProcurement/ERP System, or specify if your state uses an in-house solution.

Response Total
# Responses
1 Peoplesoft/Oracle
2 Perfect Commerce/Web Procure (branded for Idaho as "IPRO")
3 e-procurement is Sci Quest: ERP is Peoplesoft
4 SciQuest
5 SAP ERP
6 Periscope Holdings (eprocurement) SAP (ERP)
7 OGMA
8 CGI Advantage
9 Combination of Peoplesoft and In-House
10 Hosted by ESM Solutions Corp. https://eprocurement.esmsolutions.com/?me=sdstate
11 Buy Speed - Periscope Holdings Inc.
12 Periscope Holdings LLC
13 CGI is the provider. Financial Advantage.
14 CGI
16 Periscope
17 MAGIC by SAP
18 CGI Advantage
19 CGI - VSS
20 Oracle/PeopleSoft
21 SAP
22 SAP
23 In-House Posting Eval system for small purchases and IFBs
24 Ariba/SAP Commercial Off the Shelf, and an 'In House' custom application for Vendor Registration
25 CGI AMS Advantage (ERP system)
26 Periscope Holdings Buyspeed solution
27 Oracle- PeopleSoft
28 SciQuest/Jaggaer
29 PeopleSoft, PIMS, and in-house applications
30 Oracle/Peoplesoft
31 SIGMA
32 Infor NH First
33 ERP system is JD Edwards. State is moving to Oracle Cloud and will include eProcurement. Expected "go live" for procurement is April 2019
34 In-House interfaces to PeopleSoft ERP, only partial implementation of PeopleSoft Purchasing Module
35 Jaggaer (formerly SciQuest, Inc.) for the state's eMarketplace shopping and procurement platform, providing access to frequently used goods awarded under central contracts. The state uses an in-house solution for bid advertisements, public transparency and reporting.
36 Cal eProcure is a custom developed procurement portal built on and integrated with Oracle's PeopleSoft 9.2 platform. See: https://caleprocure.ca.gov/pages/index.aspx
37 Ariba Buyer
38 TxSmartBuy - Built in-house using Netsuite (Oracle)
39 Oracle - ERP; implementing eProcurement system with Perfect Commerce
40 Missouri uses Perfect Commerce's WebProcure which we brand as MissouriBUYS
41 Current System Periscope, new system rolling out in 2018 iValua
42 PeopleSoft; Strategic Sourcing(Modified with PeopleSoft Tools); E-catalog Jaggaer
43 Peoplesoft for ERP; Perfect Commerce for e-catalogue
44 Public Group
45 SAP
46 ERP System only for states financial management system - Peoplesoft / Oracle
47 Ariba
48 CGI
47
Statistics based on 47 respondents;

How is the eProcurement system funded?

Response Percentage Response
State appropriations 59.57% 28
User/agency 29.79% 14
Vendor fees 17.02% 8
Contract rebates 0% 0
Public-private partnerships 0% 0
Other, please specify
# Responses
2 Our operation is self-funded through Administrative Fees on Statewide Contracts
3 State appropriation of the enterprise (fees) fund.
4 Administrative fee paid by contractors
9 eProcurement system within Peoplesoft is paid for through our State Accounting Office who invoices all user agencies for their associated portion.
25 Administrative fees
31 TBD
36 Procurement surcharge on all purchases made by agencies under DGS authority or that use DGS contracts.
39 Technology fund currently. We hope to partially fund going forward with the 1% administrative fee
40 State collects administrative fee from statewide contract vendors based on actual transactions; however, the General Assembly has to provide an appropriation in order to use the funds to pay.
44 Public Surplus
46 At this time the State only has an ERP System.
23.4% 11
Statistics based on 47 respondents;

If applicable, what commodity code system does your state use?

/
Response percent Response total
NIGP 56.25% 27
NAICS 2.08% 1
UNSPSC 31.25% 15
Other, please specify
# Responses
28 In-house developed
31 NIGP along with custom built IT codes
33 Currently using NIGP. Moving to UNSPSC with implementation of eProcurement
39 Currently NIGP; will be moving to UNSPSC with eProcurement
46 combination
10.42% 5
Statistics based on 48 respondents;
SECTION 10: PROTESTS AND CLAIMS

Does your statute, rule, or regulation authorize vendors to protest procurement decisions?

Response percent Response total
Yes 89.58% 43
No 10.42% 5
If "yes", please provide a citation for the statute, rule, or regulation and a website URL where available. http://osc.state.ny.us/agencies/guide/MyWebHelp/Content/XI/17.htm
# Responses
2 Idaho Code 67-9232 http://legislature.idaho.gov/idstat/Title67/T67CH92SECT67-9232.htm
3 13-1-172
4 Utah Code 63G-6a-Part 16
5 A.C.A. 19-11-244
6 30 ilcs 500/
7 https://www.oregonlegislature.gov/bills_laws/ors/ors279B.html ORS279b.410
8 http://www.maine.gov/purchases/policies/120.shtml
9 Pur.doas.ga.gov/gpm
11 http://www.state.nj.us/treasury/purchase/
12 Dsd.state.md.us COMAR 21.10.02
13 W.Va. Code of State Rules 148-1-8
14 AS 36.30.550 / http://doa.alaska.gov/dgs/pdf/State Procurement Code.pdf
15 http://apps.leg.wa.gov/rcw/default.aspx?cite=39.26&full=true#39.26.170
16 https://www.leg.state.nv.us/nrs/NRS-333.html#NRS333Sec370
17 http://www.dfa.ms.gov/media/4002/chapter6.pdf
18 KRS 45A.285 - 290
19 https://www.legis.iowa.gov/docs/iac/rule/08-21-2013.11.117.20.pdf
20 https://www.ok.gov/DCS/Central_Purchasing/CP_Processes,_Rules_&_Statutes/index.html
22 La. RS 39:1671 - http://www.legis.la.gov/Legis/Law.aspx?d=96118
23 HRS103D-701 http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0103D/HRS_0103D-0701.htm
24 vhttp://www.flsenate.gov/Laws/statutes/2016/Chapter120/All, https://www.flrules.org/gateway/ChapterHome.asp?Chapter=28-110, https://www.flrules.org/gateway/ChapterHome.asp?Chapter=60D-5
25 CRS 24-109-101 to 24-109-404
27 http://www.admin.ks.gov/offices/procurement-and-contracts
28 http://leg.mt.gov/bills/mca/18/4/18-4-242.htm
29 Procurement Handbook; Supplier Handbook; contract terms & conditions; procure.ohio.gov
30 Clarification: Protests accepted and processed, but not formally authorized in statute, rule or regulation
31 http://www.michigan.gov/micontractconnect/0,4541,7-225-48677-20046--,00.html
32 http://www.gencourt.state.nh.us/rules/state_agencies/adm600.html
33 See page 1
34 NDAC 4-12-14, http://www.legis.nd.gov/information/acdata/pdf/4-12-14.pdf, NDCC 54-44.4-12, http://www.legis.nd.gov/cencode/t54c44-4.pdf
35 Policy provides vendors the opportunity as detailed in 29 Del. C.,§ 6923 and § 6924. http://delcode.delaware.gov/title29/c069/sc03/index.shtml
36 http://www.dgs.ca.gov/pd/Programs/DisputeResolution.aspx Click on the heading, "Statutes, Regulations and Links"
37 01 NCAC 05B.1519 Protest Procedures
38 Each agency has their own protest rules; SPD's protest rules are set forth in 34 TAC 20 Subchapter F: http://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=34&pt=1&ch=20&sch=F&div=3&rl=Y
39 http://www.purchasing.ri.gov/RIVIP/publicdocuments/RULES2011/SEC1.pdf
40 http://s1.sos.mo.gov/cmsimages/adrules/csr/current/1csr/1c40-1.pdf
41 R2-7-A901. Protest of Solicitations and Contract Awards
42 Admin. Code (Chapter Adm 10.15): http://docs.legis.wisconsin.gov/code/admin_code/adm/10
43 https://nyspro.ogs.ny.gov/sites/default/files/uploaded/Dispute Resolution Policy %289-2015%29.pdf and OSC Protest Procedures
45 SC Code Section 11-35-4210; http://www.scstatehouse.gov/code/t11c035.php
47 DC Official Code 2-360.04
48 Administrate Code www.Purchasing.Alabama.Gov
42
Statistics based on 48 respondents;

Does your statute, rule, or regulation authorize vendors to appeal a decision resulting from a protest?

Response percent Response total
Yes 64.44% 29
No 35.56% 16
If "yes", please provide a citation for the statute, rule, or regulation and a website URL where available.
# Responses
3 13-1-183
4 Utah Code 63G-6a-Part 17
5 A.C.A. 19-11-244
7 https://www.oregonlegislature.gov/bills_laws/ors/ors279B.html ORS279b.415
9 Pur.doas.ga.gov/gpm
11 http://www.state.nj.us/treasury/purchase/
12 Dsd.state.md.us COMAR 21.10.02
13 Administrative Procedures Act: W. Va. Code 29a-4-1 et seq. and 29a-5-1 et seq.; Court of Claims: W. Va. Code 14-2-1 et seq. and 55-17-1 et seq.
14 AS 36.30.590 / http://doa.alaska.gov/dgs/pdf/State Procurement Code.pdf
15 http://apps.leg.wa.gov/rcw/default.aspx?cite=39.26&full=true#39.26.170
17 http://www.dfa.ms.gov/media/4002/chapter6.pdf
19 https://www.legis.iowa.gov/docs/iac/rule/08-21-2013.11.117.20.pdf
20 https://www.ok.gov/DCS/Central_Purchasing/CP_Processes,_Rules_&_Statutes/index.html
22 La. RS 39:1683 - http://www.legis.la.gov/Legis/Law.aspx?d=96128
23 HRS103D-701 http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0103D/HRS_0103D-0701.htm
24 http://www.flsenate.gov/Laws/Statutes/2016/120.57, http://www.flsenate.gov/Laws/Statutes/2016/120.68
25 CRS 24-109-101.1 to 24-109-505
27 Kansas Judicial Review Act
28 http://leg.mt.gov/bills/mca/18/4/18-4-242.htm
29 Procurement Handbook; Supplier Handbook; contract terms & conditions; procure.ohio.gov
30 Clarification: No formal authorization, but no prohibition
31 http://www.michigan.gov/micontractconnect/0,4541,7-225-48677-20046--,00.html
32 http://www.gencourt.state.nh.us/rules/state_agencies/adm600.html
33 See page 1
34 NDAC 4-12-14, http://www.legis.nd.gov/information/acdata/pdf/4-12-14.pdf, NDCC 54-44.4-12, http://www.legis.nd.gov/cencode/t54c44-4.pdf
35 Policy provides vendors the opportunity as detailed in 29 Del. C.,§ 6923 and § 6924. http://delcode.delaware.gov/title29/c069/sc03/index.shtml
37 NCGS Chapter 150B Administrative Procedures Act - Article 3
38 34 TAC 20 Subchapter F http://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=34&pt=1&ch=20&sch=F&div=3&rl=Y
39 http://www.purchasing.ri.gov/RIVIP/publicdocuments/RULES2011/SEC1.pdf
40 http://s1.sos.mo.gov/cmsimages/adrules/csr/current/1csr/1c40-1.pdf
41 R2-7-A905. Appeals to the Director
42 Admin. Code (Chapter Adm 10.15): http://docs.legis.wisconsin.gov/code/admin_code/adm/10
43 https://nyspro.ogs.ny.gov/sites/default/files/uploaded/Dispute Resolution Policy %289-2015%29.pdf and OSC Protest Procedures http://osc.state.ny.us/agencies/guide/MyWebHelp/Content/XI/17.htm
45 SC Code Section 11-35-4210; http://www.scstatehouse.gov/code/t11c035.php
47 DC Official Code 2-360.05
48 Administrate Code www.Purchasing.Alabama.Gov
36
Statistics based on 48 respondents;

Does your statute, rule, or regulation authorize a vendor to file a lawsuit concerning a procurement decision?

Response Percent Response Total
Yes 60.47% 26
No 39.54% 17
If "yes", please provide a citation for the statute, rule, or regulation and a website URL where available.
# Responses
4 Utah Code 63G-6a-Part 18
8 http://www.mainelegislature.org/legis/statutes/5/title5sec11001.html
9 Pur.doas.ga.gov/gpm
11 http://www.state.nj.us/treasury/purchase/
13 Administrative Procedures Act: W. Va. Code 29a-4-1 et seq. and 29a-5-1 et seq.; Court of Claims: W. Va. Code 14-2-1 et seq. and 55-17-1 et seq.
14 This isn't explicitly authorized in procurement statute but exists as a form of relief if the vendor is not satisfied with the administrative process.
15 http://apps.leg.wa.gov/rcw/default.aspx?cite=39.26&full=true#39.26.170
17 http://www.dfa.ms.gov/media/4002/chapter6.pdf
19 https://www.legis.iowa.gov/docs/iac/rule/08-21-2013.11.117.20.pdf
20 https://www.ok.gov/DCS/Central_Purchasing/CP_Processes,_Rules_&_Statutes/index.html
22 La. RS 39:1691(A) - http://www.legis.la.gov/Legis/Law.aspx?d=96131
23 HRS103D-701 http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0103D/HRS_0103D-0701.htm
25 CRS 24-109-101.1 to 24-109-505
26 Massachusetts General Laws
27 kansas Judicial Review Act
28 http://leg.mt.gov/bills/mca/18/4/18-4-242.htm
29 Procurement Handbook; Supplier Handbook; contract terms & conditions; procure.ohio.gov
30 https://www.revisor.mn.gov/statutes/?id=161.34 applies to highway construction and repair contracts. Regarding other contracts, no formal authorization, but no prohibition.
31 Not specifically authorized, nor barred
33 Vendor decision. The State does not have a statute that state's that a vendor cannot file a lawsuit
34 http://www.legis.nd.gov/cencode/t54c44-4.pdf; http://www.legis.nd.gov/information/acdata/pdf/4-12-14.pdf
35 The vendor reserves the right to pursue action in the Court of Chancery as detailed in 29 Del. C.,§ 6923 and § 6924. http://delcode.delaware.gov/title29/c069/sc03/index.shtml
36 Public Contract Code 6611 (d) states, "(d) An unsuccessful bidder shall have no right to protest the results of the negotiating process undertaken pursuant to this section. As a remedy, an unsuccessful bidder may file a petition for a writ of mandate in accordance with Section 1085 of the Code of Civil Procedure. The venue for the petition for a writ of mandate shall be Sacramento, California. An action filed pursuant to this subdivision shall be given preference by the court." This authority applies solely to instances where the state has invoked the negotiation authority under PCC 6611.
37 NCGS 150B
39 http://www.purchasing.ri.gov/RIVIP/publicdocuments/RULES2011/SEC1.pdf
40 section 536.150 RSMo http://www.moga.mo.gov/mostatutes/stathtml/53600001501.html
42 Section 227.52: http://docs.legis.wisconsin.gov/statutes/statutes/227/III/52
43 New York Civil Practice Law and Rules § 78
48 Administrate Code www.Purchasing.Alabama.Gov
29
Statistics based on 47 respondents;

Does your state require a protest bond for formal competition?

Response Percent Response Total
Yes 12.77% 6
No 87.23% 41
If "yes", please provide a citation for the statute, rule, or regulation and a website URL where available. Please note if there is a threshold over which a protest bond is required.
# Responses
4 Utah Code 63G-6a-Part 17.
8 $1 million threshold; no citation available
16 https://www.leg.state.nv.us/nrs/NRS-333.html#NRS333Sec370
23 HRS103D-701 http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0103D/HRS_0103D-0701.htm
24 https://www.flsenate.gov/laws/statutes/2012/287.042
29 N/A
35 There is however, no statutory prohibition from the State seeking one.
36 Public Contract Code 12126(c)(2) requires a bond in certain circumstances. See: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pcc&group=12001-13000&file=12125-12129
45 may under SC Code Section 11-35-4215; http://www.scstatehouse.gov/code/t11c035.php
9
Statistics based on 48 respondents;

Does your statute, rule, or regulation provide an administrative procedure for a contractor to file a contract claim?

Response Percent Response Total
Yes 53.33% 24
No 46.67% 21
If "yes", please provide a citation for the statute, rule, or regulation and a website URL where available.
# Responses
5 A.C.A. 19-11-246
11 http://www.state.nj.us/treasury/purchase/
12 Dsd.state.md.us COMAR 21.10.04
14 AS 36.30.620 / http://doa.alaska.gov/dgs/pdf/State Procurement Code.pdf
17 http://www.dfa.ms.gov/media/4002/chapter6.pdf
18 http://www.lrc.ky.gov/Statutes/statute.aspx?id=22376
20 https://www.ok.gov/DCS/Central_Purchasing/CP_Processes,_Rules_&_Statutes/index.html
22 La. RS 39:1673 - http://www.legis.la.gov/Legis/Law.aspx?d=96120
23 HAR 3-125; http://spo.hawaii.gov/wp-content/uploads/2013/11/3-125.pdf
24 http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms
25 CRS 24-109-101.1 to 24-109-505
27 NA
29 Office of Procurement Services policy PUR-007 (attached to survey)
33 Risk Management and/or State Claims Board State Miscellaneous Claims Act Neb Rev. Stat 81,8294-81-8,301 and State Contract Claims Act Neb. Rev. Stat. 81-8,302-81-8,306
36 http://www.dgs.ca.gov/orim/Programs/GovernmentClaims.aspx Victim Compensation and Government Claims Board (VCGCB) – Board Hearing Regulations, California Code of Regulations (CCR), Title 2, Division 2, Chapter 1 sections 870.1 – 874.1
37 NCGS 143-135.3 Adjustment and resolution of State board construction contract claim
38 Government Code Chap. 2260 - http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2260.htm
39 http://www.purchasing.ri.gov/RIVIP/publicdocuments/RULES2011/SEC4.pdf
41 § 41-2611. Rules of procedure
42 Section 16.007:http://docs.legis.wisconsin.gov/statutes/statutes/16/I/007
43 https://nyspro.ogs.ny.gov/sites/default/files/uploaded/Dispute Resolution Policy %289-2015%29.pdf and OSC Protest Procedures http://osc.state.ny.us/agencies/guide/MyWebHelp/Content/XI/17.htm
45 SC Code Section 11-35-4230; http://www.scstatehouse.gov/code/t11c035.php
47 DC Official Code 2-359.08
23
Statistics based on 46 respondents;

Does your statute, rule, or regulation authorize vendors to appeal a decision on a contract claim?

Response Percent Response Total
Yes 53.33% 24
No 46.67% 21
If "yes", please provide a citation for the statute, rule, or regulation and a website URL where available.
# Responses
5 Administrative Procedures Act
11 http://www.state.nj.us/treasury/purchase/
12 Dsd.state.md.us COMAR 21.10.04
13 W.Va. Code of State Rules 148-1
14 AS 36.30.625 / http://doa.alaska.gov/dgs/pdf/State Procurement Code.pdf
17 http://www.dfa.ms.gov/media/4002/chapter6.pdf
20 https://www.ok.gov/DCS/Central_Purchasing/CP_Processes,_Rules_&_Statutes/index.html
22 La. RS 39:1685 - http://www.legis.la.gov/Legis/Law.aspx?d=96130
23 HAR 3-125; http://spo.hawaii.gov/wp-content/uploads/2013/11/3-125.pdf
24 http://www.flsenate.gov/Laws/Statutes/2016/120.68
25 CRS 24-109-101.1 to 24-109-505
27 NA
29 Office of Procurement Services policy PUR-007 (attached to survey)
30 Clarification: No formal authorization, but no prohibition
33 Claimant can file an application for review by the Legislature
37 NCGS 143-135.3 Adjustment and resolution of State board construction contract claim
38 Government Code Chap. 2260 - http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2260.htm
39 http://www.purchasing.ri.gov/RIVIP/publicdocuments/RULES2011/SEC4.pdf
40 section 536.150 RSMo http://www.moga.mo.gov/mostatutes/stathtml/53600001501.html
41 § 41-2612. Subject of rules
42 Section 227.52-60 https://docs.legis.wisconsin.gov/statutes/statutes/227/III/52
43 New York Civil Practice Law and Rules § 78
45 SC Code Section 11-35-4230; http://www.scstatehouse.gov/code/t11c035.php
47 DC Official Code 2-360.03
24
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34 2016 OMB PROCUREMENT MANUAL - Level 1 Manual Jul 2016.doc
40 030215 Contract Management Guide.docx
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