Contracts Management Guide - Texas Comptroller of Public Accounts

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HIGH Level of Importance LOW Source: Office of the Attorney General Best Value Considerations Best value considerations should also be included in the statement of work. The lowest cost is not necessarily the best value for all procurements. For example, a commodity or service of higher quality, such as a longer life span, may be a better value and investment for the State of Texas, even if the initial cost is more. Agencies need to think strategically when considering their procurement needs. Do not make the mistake of obtaining only what is necessary to meet the immediate needs of the agency. Ask “What is the desired outcome of the procurement” and “What is the best way to achieve this outcome?” For example, consider the purchase of a heating and air conditioning unit. Agencies should consider the total cost of ownership when purchasing these units. Average life span of the unit, electricity consumption, maintenance record of the unit and parts availability are just a few considerations when looking at the total cost of ownership. In addition, agencies might consider the qualifications and availability of the service technicians and the vendor’s performance history. (See CPA Vendor Performance Tracking System) (http://www.window.state.tx.us/procurement/pub/manual/2-50.pdf) Several statutes refer to the use of best value in procurements. xv Refer to these statutes before including best value considerations in your solicitations. Some items which may typically be considered under best value include: • Installation costs • Life cycle costs • The quality and reliability of the goods and services • Delivery terms Price Bid Proposal Qualification Skill, Expertise, Independent Judgement • Indicators of probable vendor performance under the contract such as past performance (see above), the contractor’s financial resources and ability to perform, the contractor’s experience or demonstrated capability and responsibility, and the contractor’s ability to provide reliable maintenance agreements and support • The cost of any employee training associated with a purchase 35 Skill, Expertise, Independent Judgement Price HIGH LOW Level of Importance
• The effect of a purchase on agency productivity • The contractor’s anticipated economic impact to the state or a subdivision of the state, including potential tax revenue and employment • Other factors relevant to determining the best value for the state in the context of a particular purchase. Proposal Submission Requirements The solicitation document should include one section listing all of the required information that respondents must submit with their response. This will assist respondents in ensuring required documentation is submitted with the proposal. Additionally, recommended or required proposal formats should be specified in this section, such as page number limitations, size of paper, number of copies, etc. As stated previously, ensure that the solicitation document requests information on those items to be evaluated. For example: Evaluation Criteria Solicitation Requirement Submission Requirement Contractor Qualifications Licensed Architect Copy of License Contractor Experience Minimum of five (5) projects of similar size and scope Financial Capability Financially capable of handling a project of this size and scope. Proposed Services Business Plan for how proposed services will be performed. 36 Detailed information regarding building size, dollar amount and scope of project for each individual project and any additional information necessary to evaluate contractor experience. Copy of latest financial statements, including balance sheets, Dunn and Bradstreet report, etc. Business plan should include, the number of staff resources and experience level, implementation strategy, reporting requirements, response times, etc. Monitoring The methods used to monitor contractor performance should be clearly stated in the solicitation. Forcing a contractor, without prior knowledge, to produce time-consuming reports or maintain stringent testing requirements outside normal industry parameters is grounds for legal challenge. It is important that agencies develop and include a monitoring strategy in the solicitation. The amount of monitoring should be balanced and adequate to meet the need, but limited in type, scope and frequency sufficient to achieve the desired result without unnecessarily increasing costs. Overly restrictive oversight can interfere with the contractor’s ability to accomplish the work and may unnecessarily and inadvertently increase the cost of the work. The statement of work should set specific deadlines for completion of tasks and a schedule for submittal of deliverables, required meetings, presentations or other activities. The contract manager must consider monitoring methods to ensure the contractor performs as specified in the statement of work. Additionally, different funding sources such as federal grants may have specific requirements for contract monitoring. The contract manager must be familiar with these requirements and include them in the statement of work.
Page 2 and 3: STATE OF TEXAS CONTRACT MANAGEMENT
Page 4 and 5: Exhibit C to RFP Template Compensat
Page 6 and 7: THIS GUIDE: • Provides practical
Page 8 and 9: Contract Management Framework Effec
Page 10 and 11: Contract Management: This refers to
Page 12 and 13: Vendor: a business entity or indivi
Page 14 and 15: (2) all direct or indirect pecuniar
Page 16 and 17: een granted portal membership right
Page 18 and 19: A central agency, such as DIR, plan
Page 20 and 21: The level of risk associated with e
Page 22 and 23: • Request for Information (RFI) -
Page 24 and 25: • Open Enrollment Contracts. Pote
Page 26 and 27: TASK SUGGESTED LEAD TIME FROM CONTR
Page 28 and 29: (4) The Guide offers recommendation
Page 30 and 31: Preparing the Solicitation fter an
Page 32 and 33: • Expansion of an existing instal
Page 34 and 35: COMMON TYPES OF PAYMENT Payment Typ
Page 36 and 37: Quantity The solicitation document
Page 40 and 41: Further discussion on contract moni
Page 42 and 43: The Electronic State Business Daily
Page 44 and 45: Solicitation Submission and Opening
Page 46 and 47: data information system. This contr
Page 48 and 49: A sample agenda for a team briefing
Page 50 and 51: In the first scenario, the top five
Page 52 and 53: The second question, “What will h
Page 54 and 55: • Exemption of Goods or Services
Page 56 and 57: Any contract or mutual understandin
Page 58 and 59: Form of the Contract Evidence of an
Page 60 and 61: State Contracting Standards/Oversig
Page 62 and 63: Contract Manager Responsibilities T
Page 64 and 65: � Contract value and complexity;
Page 66 and 67: Consider the effect that the contra
Page 68 and 69: importance of the contract to the c
Page 70 and 71: Below is a sample risk assessment.
Page 72 and 73: If the contract does not provide fo
Page 74 and 75: In order to determine what constitu
Page 76 and 77: 4. Proper dispute resolution is a c
Page 78 and 79: Since you have failed to perform th
Page 80 and 81: Contract Close-Out T he contract cl
Page 82 and 83: Appendix 1 79
Page 84 and 85: esponsibility for ensuring the requ
Page 86 and 87: (d) If Respondent takes any excepti
Page 88 and 89:
4. Exhibit C: Authorized Key Person
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LIABILITIES RESULTING FROM THE NEGL
Page 92 and 93:
11.17. Patent, Trademark, Copyright
Page 94 and 95:
11.29. Contracts for Services In ac
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Signatures: EXHIBIT A OF CONTRACT N
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This Exhibit C is incorporated into
Page 100 and 101:
EXHIBIT A to RFP No. ______ HUB SUB
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Enter your company’s name here: S
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EXHIBIT B EXECUTION OF PROPOSAL RFP
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authority of the state auditor, und
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Appendix 3 Pre-Solicitation Confere
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Appendix 5 Evaluation Team Guidelin
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Non-voting Members Appendix 6 Evalu
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Vendor Name: Reference Name: Compan
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Appendix 9 Contract Terms Informati
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Consideration/Price Example 1 The c
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Antitrust Contractor represents and
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Contractor Responsibilities Contrac
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Right to Audit Contractor understan
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Termination This contract shall ter
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When a Texas business address shown
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Section 411.1405, are subject to pe
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Email Address of Contact: (3) State
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Training: Experience: Certification
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Evaluation Results Appendix 12 BAFO
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Max Points 30 Vendor Response / Eva
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Ability Rating Issues/Questions COM
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Total Scores: Price Points + Techni
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DATE: TO: [Name of Executive] THROU
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Organization • No structured cont
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Index A Abandonment or Default, 56
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i Black’s Law Dictionary (7 th ed
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“Apparent authority is not enough
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c. Notification of objection to the
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Contracts Management Guide - Texas Comptroller of Public Accounts

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