How does my company become a COSTARS Member?

COSTARS membership is for purchasers, not suppliers, and it is exclusive to local public procurement units (LPPUs) and state-affiliate entities, as those terms are defined in the Commonwealth Procurement Code.

How does my company participate as a COSTARS supplier?

Suppliers participate in the COSTARS Program as contractors by submitting a responsible and responsive bid to a COSTARS Invitation for Bids (IFB) to receive a COSTARS contract award. To become a COSTARS supplier, you respond to bid opportunities posted on the Department of General Services (DGS) COSTARS website.

Why is DGS issuing Invitations For Bids for various types of goods when DGS has already awarded statewide contracts for these goods?

DGS awards specific Contracts for Commonwealth agencies' use statewide. In general, LPPUs and state-affiliated entities may also purchase from many of those statewide contracts.  In 2004, the Pennsylvania General Assembly, via the code, directed DGS to issue special contracts solely for the use of LPPUs and state-affiliated entities for certain goods and services.  DGS has included these special Non-Commonwealth agency contracts, known as "COSTARS contracts", as part of the COSTARS program.  All DGS contracts through which LPPUs and state-affiliated entities may make purchases, including specific statewide contracts as well as COSTARS only contracts, are part of the COSTARS Program.  Local purchasers using these contracts must be registered COSTARS members.

Who may sign the Bid/Contract form [Form, GSPUR-15 COSTARS Bid/Contract] on behalf of the bidder?

When the Bidder/Contractor is a corporation, the president or vice president should sign the COSTARS BID/CONTRACT.  If another corporate representative signs the Bid/Contract, the bidder should include a copy of a corporate resolution or by-laws authorizing that individual to sign the Bid/Contract on behalf of the corporation, to demonstrate that the individual has legal authority to bind the corporation. The DGS Corporate Certification form is also an acceptable proof of signature authority.  If the bidder is a parternship, a general parter should sign the bid; for a limited liability company, the manager should sign, and for sole proprietorships, the owner should sign the contract.  Any other signatures on the bid/contract form requires a proof of delegation of authority acceptable to the Commonwealth.

Where does a bidder make the certifications specified in subsections a. and b. of Section 29, Standard Terms and Conditions, Contractor Responsibility Provisions ?

Since Section 29 is part of the Contract terms, the bidder's bid submission, including its signed Bid/Contract form, functions as the certification of contractor responsibility.  If the bidder is unable to make the certification because of a specific set of circumstances, the bidder must submit, along with its bid, a detailed written explanation.

Will DGS accept exceptions or qualifications to provisions contained in the Instructions to Bidders for COSTARS Contracts or the COSTARS Contract Standard Terms and Conditions ?

The Instructions to Bidders for COSTARS Contracts and COSTARS Contract Standard Terms and Conditions are uniform for all COSTARS contracts.  DGS does not change these provisions for any specific contract beyond what may be specific in the Special Terms and Conditions for that contract.  Therefore, bidders should not propose changes to the Special Terms and Conditions with their bids, as proposing changes or noting exceptions may be grounds for rejection of the bid.  If there is any question about these terms, the bidder should submit the question to DGS during the pre-bid question period.

How do I know what to bid?  The Bid Item Workbook does not include an item list.

The COSTARS Program contracts do not dictate any specific items; therefore, the Bid Item Workbook for any given contract does not specify particular items to be included. The bidder is free to offer in its bid any type or number of items, from any number of manufacturers, so long as the items are within the scope of the contract.  A bidder may bid product lines from any number of manufacturers who have authorized the bidder to sell their products.  The contract scope as defined in the Special Terms and Conditions gives a representative list of the types of items that bidders may offer.

We are not able to offer items in all product categories of the Contract Scope.  Can we submit a bid for only for those items we can offer?

Yes, Bidders need not offer the full spectrum of items encompassed in the procurement; however, DGS encourages bidders to offer the widest possible selection of items under the Contract.

The Bid Item Sheet page of the Bid Item Workbook requests a price list name and/or identification number.  If a manufacturer does not have a "price list name" and/or "identification number" for its price list, how should bidders respond?

In this situation, the bidder must state that the price list name and/or identification number is "Not Applicable".  The bidder-specified manufacturer name and price list effective date will identify the price list for contract purposes.

If a bidder's product offerings are contained in multiple price lists, not consolidated into a single pricelist, may the bidder identify more than one price list on its Bid Item Sheet ?

The bidder must submit each price list on a separate Bid Item Sheet.  If the bidder is offering part but not all of the items on any specified price list for its COSTARS contract, the bidder must clearly identify the offered items and clearly mark the items not offered under the contract.

May a manufacturer respond to the bid with a direction that orders and billing be done through a local dealer network?

Yes.  However, any manufacturer's authorized dealer is also eligible to respond to the Invitation for Bids and to receive its own seperate contract award.  Please refer to Section 7 of the Instructions to Bidders for COSTARS Contracts and Section 3 of the COSTARS Contract Special Terms and Conditions for this procurement for complete information.

If resellers bid the contract, are they allowed to bid more than one manufacturer's product line?

Yes. Resellers may bid as many manufacturers' product lines as they are authorized to sell.  Please refer to  Section 7 of the Instructions to Bidders for COSTARS Contracts for complete information.

If the bidder is a reseller, and the reseller's distributor holds the contract with the manufacturer, the distributor may choose to authorize the reseller on behalf of the manufacturer to sell the manufacturer's goods and materials.  In this situation, will DGS accept the distributor's written authorization for the bidder to sell the manufacturer's goods and materials?

Yes, DGS will accept written proof of the bidder's authorization to sell the manufacturer's goods and materials from the distributor on behalf of the manufacturer.  The written proof from the distributor must state that the distributor is authorized to act on behalf of the manufacturer, and as such, is authorizing the reseller to sell the manufacturer's goods and materials.  Such written proof need not be specific to this procurement.

We are a local independent reseller.  We use internet pricing sheets for our products.  Is it acceptable to simply print these price sheets to submit along with the discount percentage we are willing to offer?

Yes.  However, please refer to the directions provided in Section 6 of the COSTARS Contract Special Terms and Conditions and the Bid Item Workbook.

Are resellers permitted to reduce the discount percentage on an item if the manufacturer changes the list price on that item?

No. The bidder's percent discount(s) or mark-ups from the bid documents should remain firm for the entire contract period, including renewals.  The actual cost to the Purchaser may fluctuate based on changes to the Manufacturer or Distributor's price list or Distributor's cost sheet.  This does not take into account the changes in contract pricing permitted periodically based on the time period for price adjustments specified in the contract special terms and conditions.

How will DGS compare and score bid pricing?  Will DGS use a pricing matrix?

DGS awards COSTARS contracts to all responsible and responsive bidders.   Because DGS awards a COSTARS contract to each responsible and responsive bidder, DGS does not score bid price submitalls in COSTARS procurements, though DGS does evaluate the pricing to ensure conformity to bid requirements.  Although comparative pricing among bidders is not a factor in contract awards, pricing may be a consideration for COSTARS purchasers to select a contractor and place their orders.  Consequently, each bidder should present its very best response to the invitation for bids.

Leasing and Installment Purchase Terms & Conditions - Is it mandatory that the bidder provide leasing options?

Where applicable, leasing and installment purchases are options a supplier may offer.  Suppliers are not required to offer leasing or installment terms to purchasers.

I've included installation service as an option under my COSTARS contract.  A local government wants to purchase the installation, but it says I have to certify that I'm paying prevailing wage to the installers.  That wasn't included in my bid price.  Do I have to honor the contract price?

The Prevailing Wage Act applies to any public work project where the estimated total project cost exceeds $25,000. The portion of labor to materials is not a factor in whether the Act applies.  Whether the Act's provisions are included in the contract or a purchase order has not bearing on its applicability; the Act applies in all situations where the estimated cost of the public work project exceeds $25,000. If a COSTARS member requires installation for an item on a COSTARS contract and the overall project falls under the definition of a public work in the Act, prevailing wage must be paid. The supplier should use the prevailing wage rate in its quote. The purchaser is responsible for ensuring that ancillary services charges meet any legal responsibilities for a procurement.  Suppliers should note Sections 7 and 22 of the COSTARS Contracts Standard Terms and Conditions with regard to the  need to comply with applicable law.

COSTARS Standard Terms and Conditions, Section 9, Contractor Dedicated Website , provides that DGS would prefer that the supplier provide a dedicated website to allow purchasers to place online orders for contract items.  If we are unable to provide that functionality, will we be excused from the bidding process?

No, neither the manufacturers nor their authorized resellers are excluded from participation as a COSTARS supplier if they are unable to provide a dedicated website.  While DGS strong encourages the supplier to provide a dedicated website for COSTARS members, it is not required.

Assuming we are awarded a contract, will we be able to offer a link through the COSTARS website at a later date?

Yes.  If a supplier adds a website after contract execution, the supplier must notify DGS of the site and provide the link information to DGS for inclusion on the DGS COSTARS website.

Why is the supplier required to furnish sales reports to DGS?

DGS collects sales report data to assist DGS in reporting COSTARS contract use to the General Assembly.