Contracts Management Guide - Texas Comptroller of Public Accounts
Contracts Management Guide - Texas Comptroller of Public Accounts
Contracts Management Guide - Texas Comptroller of Public Accounts
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een granted portal membership rights to CATRAD. In order to accomplish this, agency personnel must<br />
request access from an agency dedicated “Superuser” and/or security coordinator <strong>of</strong> the CPA web application<br />
portal. For a list <strong>of</strong> state agency superusers/security coordinators, go to:<br />
https://portal.cpa.state.tx.us/securitycoordinators.asp. For assistance in utilizing the CATRAD application,<br />
send your questions to: 2262contractadvisoryteam@cpa.state.tx.us .<br />
Upon receiving the major contract solicitation documents, the CAT will send the submitting agency an<br />
acknowledgement e-mail that confirms receipt <strong>of</strong> the solicitation and provides a web link to view the status <strong>of</strong><br />
the review.<br />
In order to avoid impeding the agency’s procurement process, state agencies should submit their major contract<br />
solicitation document(s) after final agency approval or for some state agencies, after final executive-level<br />
approval (final executive-level approval may be necessary for some major contract solicitation documents,<br />
especially for IT-related solicitations).<br />
If the initial major contract solicitation document submitted to the CAT changes substantially, agencies are<br />
required to resubmit their solicitation document(s) for CAT review. Changes in the major contract solicitation<br />
are considered substantial when:<br />
• the solicitation change caused the estimated value for the original term <strong>of</strong> the contract, not including<br />
renewal periods, to increase by 25% or more; or<br />
• there are significant revisions, deletions and/or additions to the specifications, statement <strong>of</strong> work<br />
(SOW), set(s) <strong>of</strong> deliverables, performance measures, payment methodology, etc.<br />
The CAT recommends Procurement, Contract <strong>Management</strong>, and Legal personnel incorporate the thirty (30) day<br />
CAT review period into their procurement schedule to avoid potential delays to the agency’s solicitation,<br />
evaluation, and award process.<br />
Should the CAT request the initiating agency to submit a more complete major contract solicitation draft or<br />
require clarification, the 30-day turnaround timeframe restarts when the CAT receives all the information<br />
needed in order to conduct its review.<br />
Exceptions<br />
Per <strong>Texas</strong> Government Code §2262.002, institutions <strong>of</strong> higher education as defined by §61.003 <strong>of</strong> the Education<br />
Code are exempt, as are contracts <strong>of</strong> the <strong>Texas</strong> Department <strong>of</strong> Transportation (TXDOT) that relate specifically<br />
to highway construction, highway engineering, or contracts subject to §201.112 <strong>of</strong> the Transportation Code.<br />
Nepotism Disclosure<br />
As defined by <strong>Texas</strong> Government Code §2262.004, prior to a state agency awarding a major contract to a<br />
business entity, certain agency employees must disclose in writing to the administrative head <strong>of</strong> the state agency<br />
any relationship the purchasing personnel is aware about that the employee has with an employee, a partner, a<br />
major stockholder, a paid consultant with a contract with the business entity the value <strong>of</strong> which exceeds $25,000,<br />
or other owner <strong>of</strong> the business entity.<br />
Disclosure must be provided by signing the State Auditor’s Office (SAO) Nepotism Disclosure Form (ND<br />
Form). For detailed instructions, download the ND Form at:<br />
http://www.sao.state.tx.us/resources/forms/NepotismDisclosureForm.pdf<br />
Determination <strong>of</strong> Contract Value<br />
A major contract is one with a value <strong>of</strong> at least one (1) million dollars during the original term <strong>of</strong> the contract,<br />
not including any renewal periods. An agency should base its determination <strong>of</strong> the proposed length <strong>of</strong> and<br />
compensation during the original term and the renewal periods <strong>of</strong> the contract on best business practices, state<br />
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