Purchasing From A CBO s Perspective CASBO 2018 Sacramento, CA April 5, 2018 Presented by: Kelly M. Rem
Purchasing From A CBO s Perspective Thursday, April 5, 2018 from 11am-noon Room 307 The views and opinions expressed in this presentation are those of the authors and do not necessarily reflect those of CASBO. Presenters Richard De Nava, San Bernardino COE, Assistant Superintendent of Business Services, Richard.DeNava@sbcss.net Susan Rutledge, Clovis USD, Assistant Superintendent of Business Services, SusanRutledge@clovisusd.k12.ca.us Leeann Errotabere, Clovis USD, Director of Purchasing, LeeannErrotabere@clovisusd.k12.ca.us Harold Freiman, Lozano Smith, Partner, HFreiman@lozanosmith.com New CBO/Former Director of Bgt/Finance First 100 days as a CBO Facilities/Purchasing construction team Who? What is each team members role related to construction bids? How? Which construction delivery methods are typically used? When? What is the bid schedule? What? What is on the horizon for new construction and modernizations? Do you have bond funds? Where? Know your facility master plan!
New CBO/Former Director of Bgt/Finance First 100 days as a CBO Processes and Procedures Know your Board policies related to procurement Get to know your team and their area of responsibility What is working? Where are there opportunities? Research public contract code Study your District s Standard Operating Procedures Learn from the pros! Don t change ANYTHING!! Current CBO/ Former Director of Purchasing Process and Procedures Lines of communication Internal to department External to stakeholder and community/business Workflow Centralized vs. decentralized Automation value added What is routine and within our culture Just in time vs. warehousing Emergency or poor planning? Work arounds Are they the norm? Keep at the lowest level Current CBO/ Former Director of Purchasing Development/Training Skilled workforce Investing in the future Balancing professional development Network opportunities Is the department correctly sized and staffed for success Compliance vs. Customer Service Not just about the technical aspect of purchasing Communication is key Balance needed Training the trainers Team approach Meet the needs of stakeholders
Current CBO/ Former Director of Purchasing Compliance with Codes, Regulations, Laws Bidding statutes Board policies and Admin Regulations within the District Local preference Local policies of travel, credit card use Contract procedures Bidding documents and contractual agreements spend the time and $$$ on counsel review of your documents: it will save you big $$$ if/when protests occur Purchasing Perspective Interacts with EVERY department Collaboration with CBO very important Classroom Needs Warehouse Accounting Maintenance & Facilities Etc. If you got it, Purchasing bought it! Purchasing Perspective Standard Operating Procedures: Work with CBO Communicates District-Wide Consistency Create Database Everyone Treated Equal
Purchasing Perspective Laws That Regulate the Department: Education Code Public Contract Code Labor Code Government Code Civil Code Purchasing Perspective Do More With Less Department Typically staffed in efficient manner Time & Cost Savings Key to Success Piggyback Contracts Purchasing Co-Op Contracts UPCCAA District Warehouse Open Purchase Orders Credit Card Purchases The Lawyer s Take Consider Joint Training for: Purchasing Facilities Business Staff
The Lawyer s Take How Do You Pick the Method of Contract? Construction Design-Bid Build Lease-leaseback Design Build Purchasing Bidding The Lawyer s Take How Do You Pick the Method of Contract? Uniform Cost Accounting Piggybacking Joint Purchasing The Lawyer s Take When Do You Have to go to the Board? Delegation of Authority Statutes Local Policy Clear lines of authority
The Lawyer s Take Tips for Contact Between CBO, Purchasing and Legal Counsel Who can contact legal counsel? What topics go to legal counsel? When may contact be made? Some Relevant Statutes.... Board approval for District contracts Education Code section 17604 Bid limits Public Contracts Code section 20111 Uniform Public Construction Cost Accounting Act (UPCCAA) Public Contract Code sections 22000-22045 Bid exceptions: Emergency (Non-CUPCCAA) Public Contract Code sections 1102, 20113, 20654 Emergency (CUPCCAA) Public Contract Code sections 22035, 22050 Some Relevant Statutes.... Bid exceptions (cont.): Cooperative purchasing: Piggybacking Public Contract Code section 20118 CMAS Public Contract Code sections 10298, 10299 JPA Government Code sections 6500, et seq. Sole source contract/public policy exception Public Contract Code section 3400
Some Relevant Statutes.... Bid exceptions (cont.): Private architectural, landscape architectural, engineering, environmental, land surveying, construction management or design professional services Education Code section 17070.50 (if using state funding), Government Code section 4525, et seq.; Government Code section 4529.10, et seq. Job order contracting Public Contract Code sections 20919.20, et seq. Electronic data processing systems and software Public Contract Code section 20118.1 Some Relevant Statutes.... Bid exceptions (cont.): Technology Public Contract Code section 20118.2 Supplementary educational materials (i.e. books, films) Public Contract Code section 20118.3 Surplus property from the federal government Education Code section 17602 Energy conservation contracts Government Code sections 4217.10, et seq. Transportation contracts for over $10,000 Education Code section 39802 Some Relevant Statutes.... Alternative construction delivery methods: Lease-leaseback Education Code section 17406 Design-build Education Code sections 17250.10, et seq. Prequalification Public Contract Code sections 20111.5 and 20111.6
Some Relevant Statutes.... Prevailing wages Labor Code section 1771 Definition of public project for purposes of prevailing wages Labor Code section 1720 DIR Registration Requirements Labor Code section 1725.5 [NOTE 2017 changes under SB 96 exempted small contracts] Skilled and trained workforce Public Contract Code sections 2600, et seq. Public Contract Claims Resolution Public Contract Code sections 9204, 20104, et seq.