5/21/08 5:30pm -6:45pm
Citizen’s Committee on Procurement Procedure
Present: Dick Catalini,Alan Ewald, John Vogt, Amy Redder, Nancy Chew, Ken Brown
Our Mission:
“To assure the town has a policy in place for procuring real property and/or services that protects the town’s best interests.”
Today, we organize our brainstorming (numbered items below, summarized at the end)…
Our goal being a document of recommended changes to the procurement policy, to present to selectmen at an open meeting. They can choose to accept them or not, and if so, they can rewrite the procurement manual (or WRITE a town policy, as there isn’t one currently written, only the MA laws on procurement). We are not intending to hand them a new procurement manual.
Amended minutes from last week accepted.
Ken (point of order)
In the interest of keeping focus of meetings(in the interest of time), how can we manage public comments and questions without getting derailed, yet not be exclusive?
Nancy
We need to set aside time for public voice.
John
Open Meeting Law allows everyone an opportunity to listen, not necessarily for every one to be a participating member of the committee. The chair needs to be able to keep focus.
Ken/John
We’ll adjourn today at 6:30 unless we’re on a roll.
All agreed.
Dick
We don’t want to lose the input of the public.
All agreed.
Today’s ideas on PRE-CONTRACT TIME
(continued from last week…we had gotten through bid acceptance.)
Add to4. Develop standard Bid form? So as not to have to engage legal so frequently.
-early terms and conditions which would be incorporated into final contract
+Bid criteria weighting (reputation vs value)
Add10. Do we allow waivers to the written procurement criteria and process?
If so, by whom or by what body of order?
What implications result?
Add to9. Bid Acceptance criteria and process and the Procurement Committee members’ roles in that criteria
Nancy
Per 30B, CPO is charged with the weighting process of specs.
Ken
CPO is the “keeper of the process”.
“So…NOW WE’VE ACCEPTED A BID…WHAT’S NEXT?...”
CONTRACT TIME
Nancy
People “in the business” have said they’ve always been handed a contract by the town they’re doing business with; they’ve never been asked to produce a contract.
Ken
Town contracts can be too generic, and that can be problematic.
1. Generate General Contract Terms and Conditions
-Ashby controls terms and conditions
-Ashby controls contract
2. Contract Development/Negotiations*
Generic contract - no change (doesn’t require legal review)
- “material” change (requires legal review)
Custom contract - legal review mandatory
- Initial draft is written by “Best Qualified”
*IS TOWN COUNSEL BEST EQUIPPED TO SUPPORT THIS? Alan Pease says yes, the firm represents many communities state-wide, with a large staff with multiple specialties.)
3. Bond (if applicable) should be received prior to execution of contract.
Add toPRE-CONTRACT TIME
2. Spec Development
Multiple sources? Minimum number?
2A. Can this be done off state bid list?
(per suggestion of Mike Bussell)
In Summary (Today’s additions in bold italics):
PRE-CONTRACT TIME
1. Committee development
2. Spec Development
Multiple sources? Minimum number?
2A. Can this be done off state bid list?
3. Engaging outside resources (plural)?
4. Develop standard Bid form? So as not to have to engage legal so frequently.
-early terms and conditions which would be incorporated into final contract
+Bid criteria weighting (reputation vs value)
5. Business Criteria (not just for the health of the contractor, but also Bond Holder)
6. Performance Bond requirement
7. Need for minimum number of compliant bids, or else procurement committee needs to go back and “tweak” specs
8. Do we need a custom contract?
9. Bid Acceptance criteria and process and the Procurement Committee members’ roles in that criteria
10. Do we allow waivers to the written procurement criteria and process?
If so, by whom or by what body of order?
What implications result?
CONTRACT TIME
1. Generate General Contract Terms and Conditions
-Ashby controls terms and conditions
-Ashby controls contract
2. Contract Development/Negotiations*
Generic contract - no change (doesn’t require legal review)
- “material” change (requires legal review)
Custom contract - legal review mandatory
- Initial draft is written by “Best Qualified”
(*IS TOWN COUNSEL BEST EQUIPPED TO SUPPORT THIS? Alan Pease says yes, the firm represents many communities state-wide, with a large staff with multiple specialties.)
3. Bond (if applicable) should be received prior to execution of contract.
OTHER BUSINESS…
In view of media coverage, let’s reiterate:
We are not here to assign blame for the fire truck. We are not giving newspaper interviews. Newspaper articles are not our responsibility. We are working very hard to stick to our mission:
Our Mission (we will add to the beginning of all meeting minutes before sending to Alan Pease for the town website):
“To assure the town has a policy in place for procuring real property and/or services that protects the town’s best interests.”
Next meeting: Wednesday, June 4th, 5:30pm
Ammended and approved 6/4/08