Q. Would you consider the State of IL Joint Procurement Program a GSA Schedule type contracting method? The State's Central Procurement office issues competitive procurements and in the procurement subsequent contract documents it clearly states that these contracts allow all state agencies and all local government agencies within the state of IL to purchase items and services from these select master agreements; these agreements usually entail substantial discounted pricing with the understanding that these contracts will be purchased from various state and local government agencies (thus providing bulk discounts). We do not consider this a joint procurement or assignment (piggybacking) type contract. Our agency can purchase items from contracts issued under this program through state legislation, we are not obligated to buy off these contracts and these are not set up like IDIQs with assignment language (very similar to the GSA Schedule program).
Is there a checklist of items we need to adhere to in these cooperative purchases? I believe as long as we can show they were competitively bid, we complete a price analysis, and we append the final contract signed with the vendor to include the FTA clauses and requirements, we would satisfy the FTA's competitive procurement requirements. This is based on the circular as I could not find a PSR checklist for State, GSA or Local Government Cooperative Purchases.
We were told recently that we violated the requirements for piggybacking as these cooperative procurement master agreements did not contain minimums and maximums as required in piggybacking/IDIQ contracts. But I believe these contracts were mistakenly categorized as piggybacking/IDIQs.
A. State GSA type contracts awarded competitively for the benefit of all State agencies are not considered "piggybacking/IDIQ" actions and do not require minimum and maximum quantities or assignability clauses. You may use these contracts if you include all FTA required clauses and certifications with your first purchase order issued under the State contract. If you are buying a product that is other than the lowest offered price for that product under all State contracts, you must document the file as to why the higher priced product must be purchased. You must also determine that the State contracts were awarded with full and open competition and were not subject to geographical preferences (e.g., giving in-state vendors a bidding preference - as some states have such practices that are prohibited by FTA). (Posted: January, 2013)
Minnesota Cooperative Purchasing Venture Letter (Posted: July 30, 2013)
Q. As a grantee, if we purchase products on a State of Iowa Schedule, are we required to have an Independent Cost Estimate, perform a Cost/Price Analysis, and keep a written record of procurement history?
A. FTA Circular 4220.1F, Chapter VI, paragraph 6, requires a cost or price analysis for every procurement and the starting point for the analysis is the preparation of an ICE. For commercial items the ICE would be based on recent prices established in the open market under competitive pricing conditions. If the State procurement office performed a price analysis for the award of their contracts, you may accept that analysis if you determine it is adequate. If you select a product from the State contract that is higher priced than other items of the same nature on the State contract, you will have to document your reasons for requiring the higher priced product.
FTA would expect you to review the State procedures used to award the various State contracts and determine that they complied with FTA procedures in 4220.1F with respect to full and open competition. This would include a determination that no local geographical preferences were used in awarding the contracts, such as giving Iowa State companies preferential pricing treatment.
If the State contracts do not include required FTA clauses, including Buy America, you may add these clauses and certifications when you place your first order under the State contract.
You must document the procurement files with a “record of the procurement history,” including the analysis that you performed of the State contract for compliance with FTA policies, and how you arrived at your determination that the price being paid is fair and reasonable.
The FTA Circular 4220.1F is available online: http://www.fta.dot.gov/legislation_law/12349_8641.html (Posted: November, 2013)
Q. As a state agency (Iowa DOT), if we were to conduct bus procurement on behalf of Iowa's transit systems that will be using FTA funds to purchase buses, it is allowable for other state agencies to purchase off this procurement as well? #
A. FTA grantees located outside of a State's borders are not permitted to purchase from that State's schedule. This policy is in accordance with FTA Circular 4220.1F, Chapter V, paragraph 4. The Circular is available online: http://www.fta.dot.gov/legislation_law/12349_8641.html
We would also refer you to a decision letter issued by the FTA Chief Counsel's office in connection with the State of Minnesota's Cooperative Purchasing Contract (CPV), which may be found at the FTA web site: http://www.fta.dot.gov/documents/MinnesotaDecision.pdf The FTA letter discusses a number of important issues that affect the use of contracts awarded by other agencies, which you should be familiar with. (Posted: December, 2013)