Contracts Management Guide - Texas Comptroller of Public Accounts

Since you have failed to perform the above referenced contract within the time required by its terms, the agency is considering terminating the
contract under the provisions for default. Pending a final decision in this matter, it will be necessary to determine whether your failure to
perform arose from causes beyond your control and without fault or negligence on your part. Accordingly, you are the given the opportunity to
present, in writing, any facts bearing on the questions to {agency point of contact] within 10 days from the date of this notice. Your failure to
present any excuses within this time may be considered as an admission that none exist.
Any assistance given to you on this contract or any acceptance by [agency name] of delinquent goods or services will be solely for the purpose of
mitigating damages, and it is not the intention of [agency name] to condone any delinquency or to waive any rights the [agency name] has
under the contract.
Notice of Termination. If the contractor fails to cure the situation or provide a satisfactory explanation as requested,
the contract may be terminated. The Notice of Termination should contain the following
1) The contract number, if any, and date of contract;
2) The effective date of termination;
3) Reference to the clause under which the contract is being terminated;
4) A concise, accurate statement of the facts justifying the termination; and
5) A statement that the supplies or services being terminated may be re-procured and that the contractor will be
held liable for any additional costs incurred due to the re-purchase. lxxxi Before including this statement, the
contract should be reviewed to determine whether the right is available under the contract.
The Contract Administration File
Keeping one complete master contract administration file is critical. The file will provide a basis for settling claims and
disputes should they arise in administrative or court actions. Throughout the life of the contract, the contract
administration file should contain such things as:
• A copy of the current contract and all modifications;
• A copy of all specifications, drawings or manuals incorporated into the contract by reference;
• A reference list or a list of prior contracts with this specific vendor (if they offer valuable historical data);
• The solicitation document, the contractor’s response, evaluation determination, and the notice of award
document;
• A list of contractor submittal requirements;
• A list of government furnished property or services;
• A list of all information furnished to the contractor;
• A copy of the pre-award conference summary, if conducted;
• A schedule of compliance review, internal correspondence, if applicable;
• A copy of all general correspondence related to the contract;
• The originals of all contractor data or report submittals;
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