Contracts Management Guide - Texas Comptroller of Public Accounts

More documents

Recommendations

Info

State Contracting Standards/Oversight Texas Government Code, Chapter 2261, titled State Contracting Standards and Oversight, offers state agencies guidance in four areas related to contracting: contractor selection, contract provisions, payment and reimbursement methods, and contractor oversight. Applicability This statute is not applicable to: Type of Contract/Purchase Method Texas Government Code Purchases made by CPA. 2261.001(a) Authority delegated to agencies by CPA. 2261.001(a) Purchases made pursuant to the Education Code §51.9335 or §73.115. Purchases made pursuant to Government Code §2155.131, 2155.132, or 2155.133. Purchases or contracts by the Texas Department of Transportation. Consulting or Professional Service contracts pursuant to Government Code 2254. 57 2261.001(a) 2261.001(a) 2261.001(d) 2261.001(e) Grants to School Districts. 2261.002(a) Grants for ‘other’ academic purposes. 2261.002(a) Open Market purchases if agency is authorized to make open market purchases. Procurement paid for by local or institutional funds of an institution of higher education. 2261.003 2261.001(d)
Contract Administration C ontract administration and oversight includes four (4) general processes: 1. Planning 2. Monitoring Contractor Performance 3. Payment Approval 4. Change Management The primary objectives of contract administration are to: � Verify contractor performance for purposes of payment. � Identify material breach of contract by assessing the difference between contract performance and material nonperformance. � Determine if corrective action is necessary and take such action if required. The statement of work should be the roadmap for contract administration. Therefore, planning for contract administration occurs prior to issuance of the solicitation. The goal of contract administration is to ensure the contract is satisfactorily performed and the responsibilities of both parties are properly discharged. Effective contract administration minimizes or eliminates problems and potential claims and disputes. A good contract manager ensures that the contract requirements are satisfied, that the goods and services are delivered in a timely manner, and that the financial interests of the agency are protected. It is the contractor’s responsibility to perform and meet the requirements of the contract. To do so, contractors sometimes need technical direction and approval from agency personnel. Agency personnel must provide this technical direction and approval in a timely and effective manner. All guidance provided to a contractor must be within the scope of the contract. Agencies must be careful to not impose additional requirements upon the contractor or manage the contractor’s operations to the extent that the contractor is relieved of their responsibility to perform. The extent of contract administration will not be the same for all contracts. The level of contract administration necessary should be consistent with the complexity and level of risk of the contract, its’ term, and dollar value. 58 Chapter 7
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 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 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
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 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
show all

Contracts Management Guide - Texas Comptroller of Public Accounts

Create successful ePaper yourself

Delete template?

Save as template?