Page 11 - The Edge - Spring 2016
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requirements of the state statute.   HERE ARE SOME KEY THINGS TO REMEMBER           •  Th  e  subsequent  purchase
            GSA contracts are not a “Get-                                                     order issued must identify the
            Out-Of-Jail-Free Card” and               ABOUT GSA CONTRACTS                      GSA contract number.
            should not be used as such.    e                                                    • In order to determine that
            key to making e  ective, e   cient   • Website: www.gsa.gov.  does have to be justified through   the purchase is cost-e  ective and
            and valid GSA purchases is:                            market research.           in the best interest of the school,
            documentation, documentation     • A cooperative purchase agree-  • Schools don’t have to buy from   it is necessary to conduct some
                                             ment is NOT required.
            and documentation.                                     GSA contracts.             type of market research.
                                             • The due diligence required is
                                             dictated by ARS 15-213(J) and   • Schools can add their own
            WHAT DOES THE STATUTE AND RULE SAY?  Arizona School District Procure-  terms and conditions to the   HOW  DOES  A  DISTRICT  DETERMINE  IF
              The  bill amended  ARS         ment Rule R7-2-1196.  purchase, which the GSA vendor   THE PURCHASE IS COST-EFFECTIVE?
            15-213 by adding Paragraph       • GSA only authorizes purchases   may reject.
            J and on July 1, 2014, the       via Schedule 70 and Schedule   • If market research analysis   The State Procurement
            statutory requirements for GSA   84.                   concludes the GSA contract is   Office has operated under a
                                                                   not advantageous to the school
            purchases were  incorporated     • GSA pricing is generally a ceil-  district, the purchase must then   similar statute within the State
            into the Arizona School District   ing price that can be negotiated   comply with the state procure-  Procurement Code long before
                                             downward.
            Procurement Rules as follows:                          ment rules.                school districts and charter
                                             • GSA pricing is not obtained
                                             through a competitive bid sit-  • If your purchase is under the   schools obtained the authority
               R7-2-1196. General Services   uation.               bid threshold, you may use the   to do so.    e strategy they use
               Administration contracts      • Schools do not have to issue   GSA price as a quote and the   to conduct market research is to
                                                                   procurement rules relating to
              A. The governing board         a formal bid, but the purchase   GSA purchases need not apply.  seek pricing from a minimum of
            may authorize purchases under                                                     three vendors and verify that the
            a  current General  Services                                                      pricing is cost competitive.
            Administration contract for materials or services without      e pricing can come from any cooperative contract, other GSA
            complying with the requirements of Articles 10 and 11 if the  contracts or the open market. If during the market research it is
            governing board determines in writing before proceeding with a  discovered that the GSA pricing is not competitive and the district
            General Services Administration contract procurement that all of  determines it is not in their best interest to make the purchase from
            the following apply:                                   the GSA vendor, then the purchase must be made in accordance
              1.    e price for materials or services is equal to or less than the  with state procurement rules.
            contractor’s current federal supply contract price with the General      e bottom line is that making a GSA purchase requires the
            Services Administration and is fair and reasonable.    governing board to make a written determination that the price
              2.    e contractor has indicated in writing that the contractor is  o  ered under the GSA contract is cost-e  ective and market
            willing to extend the current federal supply contract pricing, terms  research as described above is the best way to do so.
            and conditions to the school district.                   In order to make GSA purchases efficiently and – most
              3.    e purchase order adequately identi  es the federal supply  importantly – legally, a school must determine that the purchase
            contract on which the order is based, including the name of the  is “cost-e  ective” and “in the best interest of the school district…”
            contractor, contract number and procurement description.      is requirement means seeking competition and making a written
              4.    e purchase contract is cost e  ective based on price, quality  determination based upon that market research.
            and other relevant factors, and is advantageous to the school   It was never the intent of this law that schools could simply
            district.                                              purchase from GSA contracts without any due diligence and cost
              B.    e school district shall only purchase materials or services  analysis.    e State Procurement O   ce always conducts these types
            awarded under the applicable General Services Administration  of studies before approving any GSA purchases on behalf of the
            contract.                                              state agencies.
              C. The governing board shall comply with all federal   SB 2105 was speci  cally written to re  ect the state’s requirement
            requirements applicable to state and local government use of  for GSA purchases. When used appropriately, GSA contracts may
            General Services Administration contracts.             make certain purchases more e  ective and can be bene  cial for
                                                                   school districts on a limited basis for those categories GSA has
            WHAT DOES IT ALL MEAN?                                 authorized.
              First of all, a district must have approval from the governing
            board to make a GSA purchase.  A cooperative purchase agreement  Bill Munch is the Procurement Compliance and Training Of  cer for
            is not required.    e approval must address the following, which  Valley Schools.  He may be reached by email at bmunch@vsit.org.
            will also be your due-diligence requirements:
              • Th  e price off ered by the GSA contractor must be less than or
            equal to the GSA price.
              • Th  e school must obtain written verifi cation from the vendor
            that pricing will be extended to the school.



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