Contracts Management Guide - Texas Comptroller of Public Accounts

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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; 75
• A copy of all routine reports required by the contract such as sales reports, pricing schedules, approval requests, and inspection reports; • A copy of all notices to proceed, to stop work, to correct deficiencies, or change orders; • A copy of all letters of approval pertaining to such matters as materials, the contractor’s quality control program, prospective employees, and work schedules; • The records/minutes of all meetings, both internal and external. Include sign-in sheets and/or agendas; • A copy of all contractor invoices, information relative to discount provisions for prompt payment, letters pertaining to contract deductions or fee adjustments; • A copy of all backup documentation for contractor payment or progress payment; and copies of any audits. Agencies should maintain an original of all contracts on file in a central repository. This allows contract managers to reference past or current contracts for useful information relating to a current project. 76
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STATE OF TEXAS CONTRACT MANAGEMENT
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Exhibit C to RFP Template Compensat
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THIS GUIDE: • Provides practical
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Contract Management Framework Effec
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Contract Management: This refers to
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Vendor: a business entity or indivi
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(2) all direct or indirect pecuniar
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een granted portal membership right
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A central agency, such as DIR, plan
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The level of risk associated with e
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• Request for Information (RFI) -
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• Open Enrollment Contracts. Pote
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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 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 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
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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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