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Contract Process

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Contracting rules are governed by Chapter 17-1400 of the Philadelphia Code

Chapter 17-1400 governs laws regarding:

-Advertising of new contract opportunities

-Announcing the selection of winning applicants

-Providing publicly the bases for selecting the chosen applicant

Non-competitively bid contracts: Not subject to Section 8-200 of the Home Rule Charter (sealed bid, lowest responsible bidder); mainly for professional services.

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  • eContract Philly is the external website where:
    • Contract opportunities /RFPs are advertised
    • Applications/proposals are submitted
    • Disclosure forms are submitted
    • Notices of intent to contract are made public
  • ACIS is the internal contract management system where:
    • Contracts opportunities/RFPs are processed
    • Departments process notices of contract opportunity
    • Contracts are processed for execution

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Types of Contracts

  • Professional Services Contracts
    • Consulting, legal services, health, accounting/auditing, computer, architecture and engineering
    • Twelve month period, not bound by fiscal year
    • Advertised and awarded by the contracting department
    • Contracts can be advertised or non advertised/exempted
    • Up to 3 one-year renewals
  • Miscellaneous Purchase Order (MP/MPO)
    • $34,000 or less
    • Term is only one fiscal year
    • Cannot be renewed
    • Advertised and awarded by the contracting department
    • Informal Competitive Process

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Steps in Contract Development

  • Identify need for contracted services
  • Draft notice of contract opportunity (RFP)
  • RFP reviewed by applicable departments (OEO, Law, OIT, ) (OEO promotes economic development of minority , women and disabled business. They set the ranges of minority participation in contracts.)
  • Post opportunity on eContract Philly for 15 days/ 30 days if contract value is 1 million dollars or more
  • Review applications/select winning applicant
  • Post Notice of Intent to Contract on eContract Philly (8 days)
  • Begin contract conformance process

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eContract Philly Website and Intranet Contracting Resources

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Contract Drafting Methods

  • Law Draft: contracts which the Law Department is responsible for drafting.
  • Department Draft: contracts which the department is responsible for drafting. The following departments are department draft: Health, DBH, Human Services, OSH, OHCD, MOCS.

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  • The conformance manager initiates the contract process in ACIS
    • Vendor
    • Contract term
    • Amount of compensation
    • Funding information
    • Scope of Services
    • Budget

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Scope of Services Template

  • Implemented in FY13
  • Promote uniformity in contracts and ease of identifying what tasks are being performed.

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ACIS Workflow Steps Department Draft/ Non Advertised Contract

  • Routed- conformance manager begins process in ACIS.
  • Department Review- authorized signer for department reviews and forwards to next step. (1 day)
  • Exemption Review- depending on exemption reason, the contract is routed to either the City Solicitor, Finance Director or Department Authorized Signer for approval. (1 day)
  • Procurement Review- Procurement Commissioner reviews to ensure contract services are not services that should fall under Procurement bid contracts (1 day)
  • Law Contract Review- Attorney reviews contract for legal accuracy. (12 days)
  • External Negotiation- documents are sent to vendor for signature-conformance manager forwards when signed documents are returned. (13 days)
  • Budget Verification- Budget analyst verifies contract’s compliance with the department’s budget. (2 days)
  • Encumbrance Verification- verification that the appropriate encumbrances have been entered and approved. (1 day)
  • Approval as to Form -Law Department checks contract to make sure no unauthorized changes have been made and documents have been executed properly. (7 days)
  • Initial Certification -Finance certifies that funds are available for the contract. (4 days)
  • Final Certification -Finance does a second step to verify funding availability. (1 day)
  • Finance Review -Contract is reviewed by the Finance Director. (1 day)
  • Department Signs Contract -Department head signs contract. (4 days)
  • Conformance -Contract is conformed by the department and copies are distributed. (5 days)

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ACIS Workflow Steps Law Draft/Advertised Contract

  • Routed
  • Department Posting Approval (1 day)
  • Ready to Post (1 day)
  • Opportunity Posted* (15 days)
  • Contract Awaiting Award* (2 days)
  • Department Review (1 day)
  • Award Posted (2 days)
  • Procurement Review (1 day)
  • Law Contract Assignment* (3 days)
  • Law Draft* (12 days)
  • Internal Negotiation* (1 day)
  • Contract Package Assembly* (3 days)
  • External Negotiation (13 days)
  • Budget Verification (2 days)
  • Encumbrance Verification (1 day)
  • Approval as to Form (7 days)
  • Initial Certification (4 days)
  • Final Certification (1 day)
  • Finance Review (1 day)
  • Department Signs Contract (4 days)
  • Conformance (5 days)

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ACIS Workflow Steps Unadvertised MP

  • Routed
  • Department Review
  • MP Approval (Law, Procurement, Finance)
  • MP Package Assembled and Mailed
  • External Negotiation
  • Department Signs MP
  • Conformance

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Contract Renewals/Amendments

  • Up to 4 one-year renewals
  • Revised scope
  • Revised budget

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Conformed Contract

  • Contract documents include:
    • Provider Agreement
    • Scope of Services
    • Budget
    • City of Philadelphia Contract General Provisions

  • Copies and the contract are distributed to:
    • Vendor
    • Law
    • Health
    • Controller’s Office (copy)
    • Finance (copy)
    • Scan/upload executed copy in ACIS

  • Contracts must be fully conformed before payments can be made to the vendor.

  • Invoices need to be directly related to the services defined under the contract.

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Exceptions to the General Provisions/ Terms and Conditions

  • Insurance exceptions are reviewed by Risk Management.
  • Other exceptions are reviewed by the Law Department.

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Fiscal Topics

  • Increasing an encumbrance vs increasing a contract.
  • There can be as many encumbrances on a contract as you need.
  • Funding sources can be mixed on a contract.
  • Funding sources can be across department.