Contracts Management Guide - Texas Comptroller of Public Accounts

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Organization • No structured contract management group • Contract decisions made and contracts managed by divisions/personnel “not in the know” • No coordination between divisions involved in the procurement and contracting process • Supporting team members (financial, legal, and purchasing, etc.) are not available to assist the contract manager • No involvement of the end user/customer as subject matter expert during solicitation requirements gathering • No executive support and involvement Technology • No contract repository or very basic automated folders for contract storage • Manual compliance reviews • Developing high level reports with quality contract information is nonexistent or is very labor Performance Metrics intensive • No involvement from contract manager or custodial division when developing deliverables/statem ent of work • Poorly written, unclear or immeasurable deliverables and unclear association performance metrics and remedies or incentives • Compliance and performance measured sporadically or inconsistently • Contract managers assigned not always the person with the expertise or knowledge • Contracting decisions coordinated at division level, but not consistently • Sporadic coordination between contract manager, legal, procurement, etc. • Supporting team members (financial, legal, and purchasing, etc.) for any given contract assigned “ad hoc” • Limited involvement of the end user/customer as subject matter expert during solicitation requirements gathering • Executive support but limited involvement • Contracts repository supported at division level by basic storage system with little to no reporting capabilities • Limited ability to track compliance • High level reports have to be manually created from contract status reports or contract repository • Deliverables/statement of work developed by Legal or Procurement with minimal input from contract manager or custodial division • Unclear distinction between specifications, requirements and deliverables and performance metrics and associated remedies or incentives • Compliance and performance measured quarterly but more than monthly • Contract managers within each division possess technical and/or programmatic expertise and knowledge or have the expertise and knowledge readily available to them • Contracting decisions involve all relevant parties • Coordination and input from all relevant divisions to minimize risk and maximize compliance • Contract management team members remain engaged through entire process – same staff assigned • Active involvement of the end user/customer as subject matter expert during solicitation requirements gathering • Executive support and active involvement • Contract automation system that is searchable and allows for the uploading, monitoring and automated reporting of contracts • Independent and formal mechanisms in place to track compliance for contract managers • Amendments can be approved, uploaded, and tracked online • Managing division and/or contract manager solely responsible for developing deliverables with input from Legal, Procurement, etc. • Clear distinction of welldeveloped deliverables and performance metrics and associated remedies or incentives • Compliance and performance measured consistently at least monthly 143 1. CMG Ch.2,p.2, Contract Mgt., TGC Section 2262.053 (A) Training, WOSG State Purchasing 2. CMG Ch.2,p.2, Contract Mgt., CMG Ch.2,p.4, Communications Plan, CMG Ch.2,p.8, Research, CMG Ch.3,p.9, Agency’s Role, CMG Ch.3,p.11, Contractor Qualifications, Ch.4,p.6, Communication w/Respondents, 3. CMG Ch.2,p.8, Research, Ch.2,p.2, Risk Mgt., 4. CMG Ch.2.,p.2, General Planning, Contract Mgt., CMG Ch.4,p.13, Evaluation & Award, Ch.2,p.7, Needs Assessment. 1. http://www.window.state.tx.us/procurem ent/pub/ autopurch/cp/, TPM 2.31, Electronic State Business Daily (ESBD), TPM Sec.2.33, Centralized Master Bidders List (CMBL), WOSG, State Purchasing, Publications, Manuals and Reference Guides, On Line Purchasing System, Contract System, WOSG, State Purchasing, Publications, Reports, 2. CMG Ch.7, p.15, Substantive Changes, WOSG State Purchasing 1. CMG Ch.3,p.14, Reporting, p.15, Final Acceptance, Ch.3,p.4, Elements of a Deliverable, CMG Ch.3,p.9, Established Standards 2. CMG Ch.8,p.1, Contract Close Out, CMG Ch.7,p.22,23, Contract Admin. File., CMG Ch.3,p.15, Final Acceptance 3. CMG Ch.7,p.2, Contract Mgr. Responsibilities, CMG Ch.7,p.6-12, Monitoring Performance, CMG Ch.3,p.14, Monitoring,
Vendor Relations • Improper or excessive communication with vendors immediately preceding and during an active solicitation phase • Little to no communication between contract manager and vendor during an active contract • No clear lines of communication of contract issues or dispute resolution Fiscal • Contract manager has little or no fiscal oversight capabilities • No contract manager record of payments made • No communication between Accounts Payable and Contract manager Legal • Statutorily mandated terms and conditions are not present Training • Contract manager and/or purchasing staff do not have statutorily mandated training • Communication with vendors during the solicitation phase • Sporadic communication between contract manager and vendor • Contract issues improperly reported and/or resolution sporadically enforced • Contract manager approves payments • Contract manager keeps copies of approved invoices in desk file • Only communicates with Accounts Payable when there’s a problem • Some statutorily mandated terms and conditions are not present or regularly updated • Purchasing staff has statutorily mandated certification (i.e., CTP, CTPM), but contract managers are not certified CTCMs • Properly routed communication with potential vendors (i.e., through the purchaser) during the active solicitation phase • Frequent communication between contract manager and vendor pertaining to all aspects of contract, including issues, technical assistance and overall progress of the contract • Dispute resolution or contract issue procedures clearly defined • Contract manager approves all invoices, budget changes or fiscal amendments • Contract manager keeps a running payment log of all payments and what deliverables are covered by each payment • Contract manager routinely interacts with Accounts Payable regarding all fiscal contract matters, disputes, non-payment, etc. 144 • All statutorily mandated terms and conditions are present and regularly reviewed and updated by relevant staff • Contract managers hold CTCM certification and purchasing staff holds CTP or CTPM certification 1. CMG Ch.7,p.12, Reporting, TPM Sec.2.50, Vendor Performance, WOSG State Purchasing Vendor Performance, 2. CMG Ch.7,p.17, Dispute Resolution, TGC Chapter 2260 Resolution Of Certain Contract Claims Against The State, , TAC Title 34, Part 1, Chapter 20: Texas Procurement and Support Services, Subchapter G: Contract Procedures 1. CMG Intro.p.1, Purpose, CMG Ch.7,p.2, Contract Mgr. Resp., CMG Ch.7,p.8, Expenditure Document Review, CMG Ch.7,p.15,16, Substantive Changes, CMG Ch.7,p.13, Payment Approval, TAC Title 34, Part 1, Chapter 20: Texas Procurement and Support Services, Subchapter D: Payments 2. CMG Ch.3,p.14, Reporting, p.15, Final Acceptance, TPM Sec. 2.57, USAS Requirements, 3. CMG Ch.7,p.13, Payment Approval, TPM 2.54, Late Pmts., TAC Title 34, Part 1, Chapter 20: Texas Procurement and Support Services, Subchapter D: Payments 1. CMG Ch.1,p.1, CAT Review of Major Contracts, CMG Ch.3,p.15, Additional Issues to Consider, CMG Ch.6,p.6, Legal Elements of a Contract, CMG Ch.6,p.12,13, Contract Terms, TGC Section 2262.051(f). Contract Management Guide; Rules 1.TPM Sec.1.1,Training & Certification, p.4, WOSG web site http://www.window.state.tx.us/procurem ent/prog/trainingcert/cmt/training/requirements/, TGC Section 2155.078. Training And Certification Of State Agency Purchasing Personnel And Vendors, TGC Section 2262.053. Training, TPM Sec.1.1, Contract Mgr. Training 2.TPM Sec.1.1,Training & Certification, p.3, WOSG web site http://www.window.state.tx.us/procurem ent/prog/trainingcert/purchtrn_cert/training/training-andcertification-requirements-forprocurement-personnel/, TGC, Section 2155.078. Training And Certification Of State Agency Purchasing Personnel And Vendors, TPM Sec.1.1, Certified Texas Procurement Manager (CTPM)
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STATE OF TEXAS CONTRACT MANAGEMENT
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Exhibit C to RFP Template Compensat
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THIS GUIDE: • Provides practical
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Contract Management Framework Effec
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Contract Management: This refers to
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Vendor: a business entity or indivi
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(2) all direct or indirect pecuniar
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een granted portal membership right
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A central agency, such as DIR, plan
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The level of risk associated with e
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• Request for Information (RFI) -
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• Open Enrollment Contracts. Pote
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TASK SUGGESTED LEAD TIME FROM CONTR
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(4) The Guide offers recommendation
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Preparing the Solicitation fter an
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• Expansion of an existing instal
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COMMON TYPES OF PAYMENT Payment Typ
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Quantity The solicitation document
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HIGH Level of Importance LOW Source
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Further discussion on contract moni
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The Electronic State Business Daily
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Solicitation Submission and Opening
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data information system. This contr
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A sample agenda for a team briefing
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In the first scenario, the top five
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The second question, “What will h
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• Exemption of Goods or Services
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Any contract or mutual understandin
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Form of the Contract Evidence of an
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State Contracting Standards/Oversig
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Contract Manager Responsibilities T
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� Contract value and complexity;
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Consider the effect that the contra
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importance of the contract to the c
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Below is a sample risk assessment.
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If the contract does not provide fo
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In order to determine what constitu
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4. Proper dispute resolution is a c
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Since you have failed to perform th
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Contract Close-Out T he contract cl
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Appendix 1 79
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esponsibility for ensuring the requ
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(d) If Respondent takes any excepti
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4. Exhibit C: Authorized Key Person
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LIABILITIES RESULTING FROM THE NEGL
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11.17. Patent, Trademark, Copyright
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11.29. Contracts for Services In ac
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Page 102 and 103: Enter your company’s name here: S
Page 104 and 105: EXHIBIT B EXECUTION OF PROPOSAL RFP
Page 106 and 107: authority of the state auditor, und
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Page 110 and 111: Appendix 5 Evaluation Team Guidelin
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Page 128 and 129: When a Texas business address shown
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Page 132 and 133: Email Address of Contact: (3) State
Page 134 and 135: Training: Experience: Certification
Page 136 and 137: Evaluation Results Appendix 12 BAFO
Page 138 and 139: Max Points 30 Vendor Response / Eva
Page 140 and 141: Ability Rating Issues/Questions COM
Page 142 and 143: Total Scores: Price Points + Techni
Page 144 and 145: DATE: TO: [Name of Executive] THROU
Page 148 and 149: Index A Abandonment or Default, 56
Page 150 and 151: i Black’s Law Dictionary (7 th ed
Page 152 and 153: “Apparent authority is not enough
Page 154 and 155: c. Notification of objection to the
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Contracts Management Guide - Texas Comptroller of Public Accounts

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