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Frequently Asked Questions("FAQ"):
"Click on a question to find out the answer." |
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1. You refer to "SLGs." Exactly what is an SLG?
Answer: "SLG" is an acronym for "state and/or local government", including cities, countries, states,
school and hospital districts, airports, transit agencies, coops consisting of any of the above, associations of governments, etc.
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2. Most state and local governments’
procurement laws restrict cooperative purchasing agreements to other
governments. How do you qualify as a public procurement cooperative?
Answer: DEPO's platform is simply a new tool for use by SLGs. Buyers do not contract with DEPO,
hire DEPO or pay DEPO a fee for the use of its platform. DEPO does not sell or inventory any product. By registering, you are not
joining a cooperative organization. The platform simply enables you to combine your purchase requirements with the similar requirements
of other public entities in order to achieve volume-discount pricing for products that you otherwise would be purchasing at higher prices.
In many respects, it is similar to a well-known auction platform that facilitates buyers and sellers coming together to negotiate a deal
on a neutral platform. Likewise, DEPO’s platform is completely neutral, but it adds value by proactively pooling the similar needs of SLGs nationwide.
Moreover, it accomplishes this while allowing each SLG to maintain its own unique product specifications, store its frequently used underlying documents,
share documentation with others it chooses and reuse and edit stored documents. The objective is to obtain pricing based upon the combined volume of SLGs nationwide.
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3. You indicate that your service is free to governments. How do you
collect revenue to support this program? For example, do you collect
from your contractors?
Answer: DEPO receives fees, which vary according to the product, from the winning Supplier(s) for the use of the DEPO platform that enables them to have improved
visibility of demand, better ability to plan their production scheduling and reduced inventory and marketing costs, among other benefits.
We expect the suppliers to fully disclose to the buyers their fee for the use of the DEPO platform. There are no other costs to the Supplier for the
use of the DEPO platform and we allow the Suppliers to pay their fees in installments.
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4. You mention that savings come from volume-discount pricing on high-ticket
purchases of SLGs. You also refer to savings derived from financing or leasing.
How does this work?
Answer: Several SLGs with premier credit ratings have told us that they find the financing/leasing component to be particularly
compelling for the primary reason that their individual financing needs are often not sufficient (less than $15-$25 mil)
to result in an "attractive" financing size for the municipal market. Typically, in the muni-market, larger financing
packages attract more attention and more aggressive bidding than smaller financing packages. The SLGs also indicate that,
as a result of the relatively small financing or leasing needs, they often will elect simply to tap other internal funding
sources to fulfill their current funding needs and this sometimes presents a variety of problems. Pooled financing/leasing
involves the "packaging" of a number of separate and distinct financings (related or unrelated to pooled purchases) into a
single offering document in order to achieve a "more marketable" package. The approach provides the SLGs with improved
flexibility in timing of financings and other economic efficiencies from standardized financing documentation and a single
global bond opinion from a nationally recognized bond law firm. The obligations under the Composite Bond Offering are "several",
but not "joint," meaning that each entity’s obligations remain separate and distinct. The package will be insured by a major bond
insurer, rated and then bid competitively among the traditional SLG bond underwriters.
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5. Which government procurement laws do you follow in developing contracts?
Answer: The contracts will be between the individual SLGs and the successful bidder(s). These bidders (Suppliers) must comply with all
applicable government procurement laws for each entity receiving bids, including all requirement you specify, in the same fashion
as they would without cooperative purchasing. Suppliers submit their bids through the DEPO system and DEPO makes all bids available,
intact, to the SLGs at the specified time for the bid opening. Buyers, individually, award or reject the bids, as in the past and have
the ability to award partial awards. By using the DEPO system, the SLGs benefit from bid pricing, based upon a much larger product volume
than any individual entity, by itself, or even through a regional cooperative purchase, might obtain. The Suppliers’ bids must be "good"
for the specified volume plus or minus a certain percentage to account for possible rejection of bids or for certain entities’ unforeseen
withdrawal from the pool. All negotiations are conducted, as in the past, directly between Buyer and Supplier. DEPO does not buy products
and resell them to the Buyers. For all products (and particularly for highly configurable products such as police cars, helicopters, fire
trucks, transit vehicles, etc.), the Suppliers benefit from the use of the system derives from their (i) improved visibility of demand,
(ii) better ability to plan their production scheduling, (iii) better ability to order their sub-components on a "just-in-time" basis
(therefore, reducing inventory costs); and (iv) reduced marketing costs (i.e., so-called "cost of customer acquisition"). Savings for
the Suppliers typically translate into more aggressive bidding and improved pricing for SLG buyers.
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6. Do you have examples of previous solicitations?
Answer: The current Motor Fuels pool represents the revised and streamlined second pooled transaction for DEPO with the first
also being motor fuel. You asked for us to simplify the input process and enable you to use your existing IFBs.
Others asked us to simplify our IFB Wizard for producing your own IFB online. These modifications have now been made.
The results of the first motor fuel pool were telltale. Those entities that built IFBs online or uploaded current
IFBs were "taken very seriously" by the Suppliers and received extraordinary bids. Those that input no IFBs or used
expired IFBs were treated as "curiosity seekers" and received competitive, but not extraordinary bids. In the initial
motor fuel pool, which offered 450+ fuel products, 13 entities participated from across the country with 10 receiving
bids for more than 72 million gallons of fuel (23 varieties, including various diesel fuels, gasoline, and even jet fuel).
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7. How do you accommodate the different terms and conditions of each agency into one conglomerate bid package? A detailed explanation would be appreciated.
Answer: In effect, the only item that is aggregated is the demand volume. Each SLG entity is allowed to maintain its own
unique product specifications and its underlying documentation remains intact. DEPO’s platform serves as a data
warehouse or repository for the storage of whatever documents you choose to employ and/or to store for future online
access (only accessible to you, unless you grant viewing/editing rights to others in your organization and/or copying
rights to your counterparts in other SLGs). As suppliers respond to the composite volume (i.e., bid response), they
also must download and execute and/or acknowledge and accept the terms of the underlying documents of each entity for
which they wish to submit a bid. In this respect, it is no different from the manner in which you currently conduct
your solicitations, since the Suppliers would have the same requirements if they were to bid individually upon a
number of different SLGs’ volume (except in that case, they would not have a central access point for capturing IFB
info). By enabling each participating entity to store, retrieve, edit, and activate current and prior documentation
online, DEPO provides a central access point for the Buyers to store their documents and Suppliers to bid upon a much
larger volume than most have previously been accustomed to bidding upon. As a result of the Suppliers bidding upon the
larger volume, meaningfully improved volume-discount pricing is expected to be the result.
In detail, DEPO (i) schedules a pool and invites SLG buyers to join the pool; (ii) SLGs securely register (one time)
their profile information; (iii) select the product purchase pools they wish to join; (iv) input their IFB general
info, select their product specifications and delivery requirements; (v) attach their new, or activate previously
stored, underlying documents (including those that are informational, those that must be accepted and those that are
executable); and (vi) submit their IFB. When the pool is closed, (vii) DEPO notifies the Suppliers which the SLGs
have specifically identified, as well as those in our database, of the availability of pooled purchase IFB requirements.
The Suppliers then (viii) view the Buyers’ general information and underlying documentation (which they are required
to review and acknowledge, in order to use the system); and (ix) submit their pricing bids. DEPO then (xi) notifies
the Buyers that bids are awaiting their review for evaluation, acceptance or rejection. Provision is made for Suppliers
to submit questions and SLGs to respond to those questions during the bidding period. Typically pools will remain open
for 30 days, the bidding period for 30 days and the award period will vary among Buyers, depending upon the product and
customary practices.
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8. Who are the principals in the company?
Answer: A "Management" section now appears on the website. The Advisory Board, which consists of current City Managers,
five former City Managers (two of whom were presidents of the ICMA), the former Lord Mayor of London, the former
Executive Director of a major transit agency and the Executive Director of a statewide education association, among
others, has more than 200 years of collective experience as senior SLG officials. Many of the Advisory Board members
have had oversight responsibility for the Purchasing Departments that report to them.
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9. How many vendors have registered on the DEPO system? What is the cost (or percentage of contract value)
charged to the vendor to whom the contract is awarded? What other costs to the vendor are involved?
Answer: DEPO utilizes a variety of formats for securing info regarding Suppliers (vendors). Of paramount importance is
the information provided by each SLG through its IFB input process. After the Buyers identify their traditional
and prospective Suppliers, DEPO notifies those Suppliers (and those furnished by other Buyers) of the pending pooled
purchase. Thus, the primary recipients are those identified by each SLG. Secondly, for each product, DEPO also
identifies Suppliers with national distribution and/or sales capabilities and arranges for them to register and
participate – this ensures that there are bidders for the entire national pooled requirements. Third, DEPO uses
industry coding information to identify other suppliers for the respective products.
DEPO receives fees which vary according to the product. The DEPO fees are paid only by the winning Supplier(s)
for the use of the DEPO platform that enables these Suppliers to have improved visibility of demand, better
ability to plan their production scheduling and reduced inventory and marketing costs, among other benefits.
There are no other costs to the vendor for the use of the DEPO platform. Typical fees will range from 1.5%-2%
for configurable products and for certain commodities (e.g., motor fuels) the fee will approximate 1/2 of $0.01
per gallon.
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10. For any particular solicitation, why can’t agencies see the list of potential suppliers? Knowing who
our potential vendors are prior to a solicitation is a key factor in determining whether we need to perform
additional vendor outreach?
Answer: DEPO makes every effort to ensure that all qualified or SLG-specified Suppliers have access to the consolidating
IFBs. DEPO is a completely neutral party and simply provides the consolidating or aggregating platform for use
by the SLGs. Buyers provide a list of all Suppliers from which you wish to receive bids. Since other Buyers
also provide their lists of Suppliers, when we add your traditional Suppliers to the database along with those
provided by other Buyers and those we have otherwise identified through our various processes, the list should
be fully comprehensive and inclusive of those Suppliers identified in most outreach programs. Our goal is twofold,
to ensure that (i) there are national bidders; and (ii) the system accommodates the needs of all SLGs for regional
bidder participation, and this process appears to accomplish the goal.
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11. How does the agency keep a copy of the solicitation for its contract files?
Answer: Our system not only allows you to input your IFB information, attach underlying documentation, view/edit current
and stored IFBs or documents, grant rights to others for viewing, editing or copying, it also permits you to print
your IFBs and other solicitation documents for your files. Likewise, the bid documents from the suppliers will be
available beginning on the Bid Response date for your purposes of printing and evaluation.
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12. How are addenda issued?
Answer: Prior to the close of the bid solicitation period (the last day on which all Bids must be submitted by the Suppliers),
you will have the opportunity to amend your IFB on our system. Any modifications will then be distributed to all
Suppliers that received the original consolidated IFB. The Suppliers, in turn, can issue questions to you and you
will be notified and can respond through the system with your response being made available to all Suppliers that
received the original consolidated IFB. As a practical matter, it is recommended that no amendment be issued during
the final week of bidding.
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13. How do agencies know when a particular commodity is going to be solicited? For example, we are in the middle
of a 5-year contract for fuel, so I may not need to participate in a current solicitation?
Answer: The initial scheduling of pools for products is in response to the requests from SLGs nationwide. Currently,
it is anticipated that the next pools after motor fuels, will be for water treatment chemicals, back-up power
generators, police cars, motorcycles and helicopters, non-police vehicles and transit products. The system is
geared to accommodate numerous overlapping pools and notification will first be sent to registered SLGs and then
to others that we have reason to believe will have an interest. Moreover, for many products, we intend to schedule
"repeat pools" on a quarterly or periodic basis, even though we might expect the largest volume to occur in the
initial pool for each product. It is our intent to schedule pools based upon the requests from SLGs. A schedule
of future pools will soon be published and provision will be made for you to request specific pools.
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14. Can agencies monitor the progress of a solicitation without being required to participate in it?
Answer: We expect to publish the results of all pools and therefore, you will be able to compare the effect of volume-discount
pricing versus the pricing you might receive on your individual solicitation. We cannot post progress volumes for the
obvious reason that early in the scheduling of each product, the volume will be small or zero and could lead an SLG to
reach erroneous conclusions regarding the progress of the pool.
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15. What is the length of time between a notice of an upcoming solicitation opportunity and the time an agency has to
post its requirements? Between when it is posted and when it is open for bidding?
Answer: Normally, 1-2 weeks prior to the scheduled commencement of a pooled transaction for a particular product, DEPO will notify
those that are registered and/or have indicated their interest in participating in a cooperative purchase for specific
products or those that we have reason to believe will have an interest in participating in a cooperative purchase of that
product, those that other SLGs have suggested we notify and, finally, any others that fall into certain categories of SLGs
that typically purchase the product.
From the commencement date of the pool, buyers will typically have 30 days during which they may join the pool by providing
their requirements and specifications. Our one important provision, which may necessitate a change in your traditional
processes, is that the Buyers/Suppliers accept the scheduled dates for joining and bidding upon a pool. Product specs
may vary, but the dates must coincide with those the system specifies. Upon closing of the pool (for Buyer participation),
the system automatically notifies all identified Suppliers of the availability of the pooled purchase requirements and the
Buyers’ supporting documentation. The bidding period commences and the Suppliers will typically have 30 days to submit
their bids. Upon closing of the bid period, Buyers will have full access to all submitted bids that were specifically
submitted in response to their requirements. While the bidding period is open, Suppliers may submit queries and Buyers
may respond through the system.
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16. Do you include any Federal requirements, such as Buy America?
Answer: DEPO provides for any specifications you may require and if those specifications include Federal requirements (such as "Buy America"),
those requirements remain intact for your portion of the pool. If Suppliers are able to comply with those requirements, their bid(s)
will reflect the compliance. If they are unable to comply, they may submit their "Alternative Solution" for your evaluation and acceptance or rejection.
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17. How do you measure estimated savings?
Answer: The science is evolving. For motor fuels, the bid pricing can be compared to prices that were received by others (at or near the same time frame)
that may have chosen not to participate in the pooled purchase. For other products, it is likely that the comparison will be based upon budgeted
costs that are generally derived from historical purchases. We believe savings for certain (non-commodity) products will likely approximate the
upper end of the projected range (12%-20%), though based upon hypothetical tests and queries of a variety of Suppliers, we believe that for some
products, the pricing advantage will be more. Savings obviously depend upon the product and the volume, but the good news is that it costs SLGs
nothing for participating in a pool, even if they ultimately reject all bids.
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