Frequently+Asked+Questions.doc

IT Professional Services Contract Pool

Frequently Asked Questions (FAQ)

1. Question: Is the work order a contract?

Answer: Yes. Acceptance of a vendor’s project proposal on the work order constitutes a binding agreement that incorporates the terms and conditions of the master agreement signed by the State and the vendor.

2. Question: Do I need to use the Expanded SOW and Compensation for Work Orders (Exhibit A and B) on every work order?

Answer: No, only when you have a project that requires detailed deliverable and acceptance criteria.

3. Question: If I’m doing a competitive work order, do I need to ask for project proposals from all vendors within that pool category?

Answer: State agencies will have two options for issuing work orders:

A. Projects estimated at less than $250,000:

i. Direct Assignment - An agency may issue a work order request directly to any of the awarded vendors in the appropriate pool category.

ii. Competitive - An agency may elect to conduct a competitive process by requesting project proposals from two or more vendors. The agency will select the vendor project proposal that best meets the SOW requirements based upon the selection criteria stated in the work order request.

B. Projects estimated at $250,000 or more:

i. Direct Assignment - An agency may issue a work order directly to an awarded vendor if prior approval is granted by the contract administrator.

ii. Competitive - An agency must issue a work order request to ALL vendors awarded in the respective category. The agency will select the vendor project proposal that best meets the SOW requirements and selection criteria stated in the work order request.

4. Question: If I use a vendor from the pool to write specifications or requirements, is that vendor excluded from receiving a future work order to complete the programming and development work?

Answer: N.D.A.C 4-12-06-06 states, “When a purchasing agency has specifications prepared by someone other than a state employee or official on behalf of the state, that person or business entity must be excluded from submitting bids or proposals”. So, if you use one vendor to write the specifications or requirements, that vendor cannot compete if you are doing a competitive process (including work orders) for the programming and development.

That said, it is acceptable to have one vendor complete the specifications / requirements and the programming / development work under the vendor pool if you utilize one work order encompassing all tasks. You will need to evaluate the project as a whole and determine the total dollar value. See question 3 above in regards to who needs to receive the work order request.

If you are looking for a vendor to only write specifications and requirements (phase 1) and later decide to issue a work order under the vendor pool contract for the programming/development (phase 2) with a desire to use the same vendor again, you will need to evaluate the total paid under the phase 1 work order. If the total dollar value of both phases is less than $250,000, you can select the same vendor to complete phase 2 because competition is not required. If the total dollar value is greater than $250,000, see question 3 above for the process, however, due to N.D.A.C 4-12-06-06 the vendor that was contracted to write specifications and requirements would need to be excluded.

5. Question: I’m looking to complete a project through the vendor pool, are there any IT procurement rules that I need to be aware of before proceeding?

Answer: IT procurement rules apply when using the vendor pool. All work orders $25,000 and over are subject to review by ITD Procurement. Other levels (excluding higher education) that must be followed with IT projects include:

A. All IT Projects that are 80 hours or more of work regardless of cost : must submit an Initiative Intake Form through the State's ServiceNow Portal.

B. $100,000 and over- NDIT Oversight Analyst, project entered in NDVIEW C. $500,000 and over- collaboration and Executive Steering Committee, business analysis, project oversight and reporting

If you are looking to separate your project into phases, please consult with ITD Project Management.

6. Question: When a work order is completed, does the agency pay ITD or the vendor?

Answer: The answer depends on who executes (signs) the work order. If the work order was executed between the agency and the vendor, then the contract (work order) is between those two parties, and the agency pays the vendor.

However, if an agency employs ITD to perform IT services and ITD uses this contract pool to augment its staffing resources for the project, ITD pays the vendor and bills back those costs to the agency. In this circumstance, ITD works with the agency to identify additional resources necessary and keeps the agency informed regarding the applicable charges.

7. Question: If an agency uses ITD for IT services and ITD supplements its staff using this contract, what rates will ITD charge?

Answer: ITD charges its posted rates for its staff that work on the project. For any supplemental staff that ITD acquires through this contract, ITD passes through the costs that are charged by the vendor. ITD works closely with the agency in circumstances where supplemental staffing is used, to select a vendor with the appropriate skills for the project and at a cost that is affordable to the agency.

8. Question: Do work orders need to be completed by the end of the contract term?

Answer: Work orders should not exceed to the total length of the available Contract Term. Contact the Procurement Officer for this contract if you have any questions.

9. Question: If a work order begins in the first year of the contract, would the rate change if the work order goes into the second year?

Answer: If the work order spans more than one year of the contract, the vendor must provide rates for each year in its project proposal.

10. Question: Will the actual vendor contracts and RFP proposals be posted on the web site?

Answer: No, due to the large number of contracts and some of the vendor proposals contain confidential information. Agencies may contact the contract administrator to obtain a copy of the vendor’s contract and proposal. You will find a sample contract posted on the SPO website under contract 095. This contract was the base for all vendors and minimal changes were allowed, which are documented in the sample contract file.

11. Question: Can I use a combination of categories to fill my work order (i.e. Project Manager and Business Analyst)?

Answer: Review the category summary as listed in the SPO 095 Contract Information document and compare to your Scope of Work. If your project matches the category summary for more than one category, you could potentially submit to vendors under the respective categories.

12. Question: If I’m doing a competitive work order, can vendors protest after we issue a notice of intent to award?

Answer: Yes. The competitive work order is an abbreviated RFP process, and as such is subject to applicable procurement laws and rules.

13. Question: If I’m doing a competitive work order, can the evaluation criteria be adjusted?

Answer: Only the relative weights can be adjusted and must total 100.