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Non‐Responsive Suppliers

Wednesday, 01/14/15

Presented By: Michael Carter

Presenter’s Bio

• Experiences:

• Mohave Educational Services Cooperative: a non‐profitcooperative procurement agency for over 6 years

• Current position involves researching, developing, writing, analyzing, andmanaging cooperative contracts

• Currently serving 3rd term as President of the Grand CanyonChapter of NIGP

• Worked in the field of procurement for over 20 years

• Public procurement sector for over 7 years

Michael S. Carter, CPPBContract Specialist I, Mohave Educational Services Cooperative, Inc., KingmanArizona

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Non‐Responsive SuppliersTerminology

• NIGP has recently revised the term of“Vendors” to “Suppliers”

• Presentation has been updated to thenomenclature used by NIGP

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Non‐Responsive SuppliersTwo Areas to Discuss

• Suppliers responding to Solicitations

• Suppliers after Contract Award

(Main focus of Webinar)

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Non‐Responsive to Solicitations

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Non‐Responsive SuppliersSurvey

When do you consider an offer or bid to be non‐responsive:

1. Omission of pricing

2. Offer or Bid not signed

3. All requirements are not met

4. Determination of the evaluation committee

5. All of the above

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• Not meeting the requirements determines abid or proposal as non‐responsive

All requirements should be clearly identified in thesolicitation

Include the factors for determining a bid or

proposal as non‐responsive

• Defined in statute or rules?

Look for definitions in your procurement rules

NIGP also includes definitions on their website

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• Who makes this determination?

Contracting officer must reject any bid that fails tocomply in any material manner ‐ NIGP

Additional determinations can be made during anevaluation meeting

Decision should be unanimous by the evaluationcommittee

Statutes or rules may provide additionalrequirements

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• Notifying non‐responsive supplier(s)

Email

Phone call

Fax

Notifying non‐successful suppliers may be arequirement

Review your local statutes and codes

Consider debriefing supplier(s) after theprocurement ends

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Non‐responsive in an awarded contract

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Non‐responsive in an awarded contractPoll

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Non‐responsive in an awarded contractSurvey

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• Who is affected by a supplier’s non‐responsiveness?

Stakeholders• End users

• Public

• Immediate staff

Funding• Funding in jeopardy due to missed completion deadlines

• Funding expires at end of fiscal year

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• Who is affected by a suppliers non‐responsiveness?You are…directly!And it is not fun

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• What is considered non‐responsiveness?

A response has not been received from thesupplier in a timely manner

What does the contract say?• Is your definition of timely response the same as defined inthe contract?

How was supplier initially contacted?

Solution provided is unacceptable

• Did not address the issue

• Unacceptable alternatives?

• Next steps?

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• Why suppliers may not respond:

Your emergency is not considered an emergencyby supplier

Supplier has made a promise they can’t keep

Supplier has personal issues

Supplier is out of the office• Vacation

• Sick leave

• Termination

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• What NOT to do

Panic• Make sound decisions for next steps and resolution

Ignore the situation• Most issues don’t resolve themselves

• Get involved

• Don’t be afraid to be assertive

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• The Final Solutions:

Issue a Notice of Deficiency

Cancellation of contract

File suit against supplier

Disbarment of supplier

• Statewide disbarment

• Federal disbarment

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Prevention

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Non‐responsive in an awarded contractSurvey

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• Assign timelines on all action items you requirefrom suppliers

• Including response timelines on all communicationsmay save potential headaches later

• Set calendar reminders

• Allows you to update your stakeholders

• Good practice to get into

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• Go on “Offense”

Establish best practices• Create a process for problem resolution

• Provide resolution updates to Stakeholders

• Provide updates to your supervisor when issue has beenescalated

• Review past experiences as a guide

Review local codes and laws regarding actions that canbe taken

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• Go on “Offense” (cont’d)

Provide all timelines and expected milestones

Include the resolution process in the contract’sterms and conditions

Require an escalation contact over the supplier’scontract administrator

Request secondary contact for issues whenadministrator is “out‐of‐the‐office”

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• “The Contract”

Outline any required completion timelines onservices or construction projects

• Create milestones

State all required delivery timelines

Some procurement methods allow completionincentives or rewards. Look to these as a possiblemethod of procurement.

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Keys to Success

• Be ProactiveAddress concerns immediately

Contact supplier on any potential changes of concern. Recent supplier changes regarding:

» Corporate buy‐outs or take‐overs

» Main contact changes

» Carrier service changes

» Other changes

Create a Best Practices process

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Keys to Success

• Develop a Prevent Defense:

React to any abnormalities

Review your contract language Timelines

Resolution Process

Be clear and direct on all

requirements in the contract

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• Post mortem – create a ‘positive’ out of the‘negative’Document the entire issue and process frombeginning to end

Create a “Case Study”• Share with peers

• Present to NIGP chapter or group

Review best practices• Make any revisions or additions for future issues

Be available to assist other procurementprofessionals

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• Resources:

NIGP Website (www.nigp.org):

• Definitions

• Contacts

N‐Site (available from the NIGP website)

• Peer Support

• Contacts

• Group Support

• Be sure to join or continue your membership with NIGP for these important resources!

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• Thank you for attending

• Questions?

non responsive suppliers final - amazon s3 · non‐responsive suppliers non‐responsive to...

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