Contracts Management Guide - Texas Comptroller of Public Accounts

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The second question, “What will have what your agency wants, specifically, do for your agency?” may provide common ground to explore options to meet the needs of both parties. If an agreement is not reached consider beginning negotiations with the next contractor or re-soliciting the opportunity. Usually a contractor will have a better understanding of the needs, objectives, assumptions and constraints facing an agency after detailed discussions have concluded. Consider allowing each contractor to propose a “best and final offer” before a final selection is made. 49
Contract Formation he information in this chapter is not intended to provide legal advice to agencies. This chapter includes general rules regarding contract formation. However, there are also many variations and exceptions to these general rules, so consult your agency legal office for the applicable rules of law for each procurement. Texas courts define a contract as a promise or a set of promises to which the law attaches legal obligation. xxiv The law regards the performance of these promises as a duty and provides a remedy for the breach of this duty. xxv T Contracts that deviate substantially from requirements defined in the solicitation document are open to challenge from unsuccessful respondents. Authority to Contract Only persons having actual authority to act on behalf of the State can bind the State in a contract. xxvi The powers of all state officers are set by law. All persons dealing with state officers must know the limits of their authority and determine if the contemplated contract is within their statutory authority. One should not indulge in presumptions or rely on the implied authority of an officer or agency of the state to contract. xxvii Therefore, a threshold issue in government contracting is whether a state agency has statutory authority to contract. The legislature established through the Government Code a comprehensive regime for state purchasing, which requires state agencies to make purchases through CPA unless an exception applies xxviii This broad grant of purchasing authority to CPA has limitations. For example, the definition of ‘services’ applicable to CPA’s authority includes skilled or unskilled labor or professional work, but does not include a: professional service subject to Texas. Government Code, Subchapter A, Chapter 2254; services of a state agency employee; consulting services or services of a consultant as defined by Texas, Government Code, Subchapter B, Chapter 2254; or the services of a public utility. Specific statutory exemptions from CPA authority may also remove a particular purchase, purchase method or contract from the purview of CPA. For example, a contract by the State Council on Competitive Government or a decision regarding whether a state agency is required to engage in competitive bidding is exempt from another state law regulating or limiting state purchasing or a purchasing decision. xxix Additional examples of statutory exceptions and/or exemptions from CPA authority include but are not limited to: • Group Purchasing Programs xxx • Purchases from Higher Education Research Funds xxxi • Purchases of Certain Medical Equipment by Medical or Dental Unit xxxii 50 Chapter 6
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 38 and 39: HIGH Level of Importance LOW Source
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 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
Page 90 and 91: 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
Page 96 and 97: Signatures: EXHIBIT A OF CONTRACT N
Page 98 and 99: This Exhibit C is incorporated into
Page 100 and 101: EXHIBIT A to RFP No. ______ HUB SUB
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
Page 108 and 109:
Appendix 3 Pre-Solicitation Confere
Page 110 and 111:
Appendix 5 Evaluation Team Guidelin
Page 112 and 113:
Non-voting Members Appendix 6 Evalu
Page 114 and 115:
Vendor Name: Reference Name: Compan
Page 116 and 117:
Appendix 9 Contract Terms Informati
Page 118 and 119:
Consideration/Price Example 1 The c
Page 120 and 121:
Antitrust Contractor represents and
Page 122 and 123:
Contractor Responsibilities Contrac
Page 124 and 125:
Right to Audit Contractor understan
Page 126 and 127:
Termination This contract shall ter
Page 128 and 129:
When a Texas business address shown
Page 130 and 131:
Section 411.1405, are subject to pe
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
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Max Points 30 Vendor Response / Eva
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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 146 and 147:
Organization • No structured cont
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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