Piggybacking ITBs/contract of other public entities

Definitions:

Piggyback:  "A form of inter-governmental cooperative purchasing, in which a large public purchaser requests competitive sealed bids, enters into a contract, and arranges, as part of the contract, for other public purchasing units to purchase from the selected vendor under the same terms and conditions as itself.  Also called "hitchhiking method". -- NIGP Dictionary of Purchasing Terms

Note:  You may also include piggyback clauses in RFPs and ITNs as appropriate.

Public Entity:  Includes community colleges, universities, school boards, counties, cities, towns, aviation authorities, special districts, state agency. 

Does not include cooperatives (unless there was a public entity which was the lead agency -- with those solicitations, you are actually piggybacking the entity's contract, not the cooperative's contract), or private companies or institutions which may receive grant/public funding.

General:

The process takes less time and effort than bidding it out yourself, but there is some research and document collection that must be performed.  The process may not be as fast or easy as you would hope.

This "Purchasing Tip #22" does not address using GSA price schedules.

Be aware of the other public entity's ITB/contract document:

	Get a copy, and READ it.  Does anything give you "heartburn"?
	How do you get a copy?  Check the entity's website.  Often they post piggybackable bids and the award information on their website.  If it's not posted, you will have to contact them.
	Are the Terms & Conditions acceptable to you?

Verify:

	Verify that there is, indeed, a contract that is piggybackable.
	Verify that the procurement was publicly advertised,  issued and awarded by a bona-fide public entity.
	Is the item(s) that you want to buy specifically on the contract?  Just because there is a contract, doesn't mean that everything that the vendor sells is included in the contract.  Example:  If the contract is for Copiers (only), you cannot use it to buy a $80,000 worth of furniture, even though the vendor sells both.
	Verify that the vendor is willing to honor the piggyback clause and will give you the same prices and Ts & Cs.  Most piggyback clauses allow the piggyback, if the vendor is willing.
	Often the vendor will provide you with a copy of the Bid/Award.  Verify it with the entity.  They may have cancelled the contract.
	Make sure that it has not expired, or that it was extended, if the initial term has passed.
	Does it clearly state that it is piggybackable?  If not, call/EMail the contact person and ask if you have their permission.
	Call the contact person (who issued the solicitation) and ask them how well the vendor has performed.  If they are having problems, you may want to re-consider other options.
	If not, you do not want to piggyback.

Documentation:

	Get a copy of the solicitation, tabulation, and award by the governing body.
	File all of the documentation (solicitation, tabulation, award, etc.) with your PO.

PO Language:

"In accordance with the Terms & Conditions and pricing of (insert public entity's name)  ITB/RFP/ITN ____ for (insert full and correct solicitation title)

ITB Piggyback Language:

“Purchasing Agreement with other Public Agencies:  All Bidders/Proposers submitting a Bid/Proposal agree that, if awarded, such Bid/Proposal also constitutes an offer to all public entities within the State of Florida under the same Terms & Conditions, for the same price, and for the same effective period, should the Bidder/Proposer feel it is in their best interest to do so. Bidder/Proposer shall to note any exception to this requirement.”

Restriction to Statewide vs. Regional:

In your piggyback clause, you may choose to restrict the area to your county or region, rather than the entire state of Florida.  Community Colleges usually make it piggybackable statewide for the convenience of other Community Colleges.

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