Contracts Management Guide - Texas Comptroller of Public Accounts

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Contract Management Framework Effective contract management is dependent on the interaction of the following elements: Plan – Identify contracting objectives and contracting strategy. Procurement – Fairly and objectively select the most qualified contractors. Rate/Price Establishment – Establish processes that are cost-effective and aligned with the cost of providing the goods and services. Contract Formation – Ensure the contract contains provisions that hold the contractor accountable for producing desired results. Contract Oversight – Monitor and enforce the terms of the contract. 5
Definitions Addendum: An addition or supplement to a solicitation document issued prior to the opening date. Advertise: To make a public announcement of the intention to purchase goods or services. Bid: An offer to contract with the state, submitted in response to a bid invitation. Bids are usually non-negotiable. Bid Deposit: A deposit required of bidders to protect the state in the event a low bidder attempts to withdraw its bid or otherwise fails to enter into a contract with the state. Acceptable forms of bid deposits are limited to: cashier’s check, certified check, or irrevocable letter of credit issued by a financial institution subject to the laws of Texas and entered on the United States Department of the Treasury’s listing of approved sureties; a surety or blanket bond from a company chartered or authorized to do business in Texas. Bidder: An individual or entity that submits a bid. The term includes anyone acting on behalf of the individual or other entity that submits a bid, such as agents, employees and representatives. Bidders List: A list of potential contractors who have expressed an interest in doing business with the State of Texas. See Centralized Master Bidders List. Bid Opening: The public opening of bids, in which the names of the bidders responding to a bid solicitation and prices of the bidders are publicly read and recorded. See Proposal Opening. Bid Tabulation: The recording of bids and bid data submitted in response to a solicitation. The bid tabulation is used for comparison, analysis and record keeping. Biennium: The two (2) year period in which the Texas Legislature appropriates funds. The biennium begins on September 1 st of odd numbered years. Centralized Master Bidders List (CMBL): The CMBL is a list maintained by the Texas Comptroller of Public Accounts (CPA) containing the names and addresses of prospective bidders and catalog information systems vendors. Competitive Sealed Bidding: Process of advertising an invitation for bids (IFB), conducting a public bid opening and awarding of a purchase order/contract to the lowest responsive, responsible bidder in accordance with state law. Competitive Sealed Proposals: Process of advertising a request for proposal (RFP), the evaluation of submitted proposals and awarding of the contract. Consultant: A person that provides or proposes to provide a consulting service. Consulting Services: Practice of studying and advising a state agency in a manner not involving the traditional employer/employee relationship per Texas Government Code, Section 2254.021 (See Major Consulting Services Contract). Contract: A written agreement where a contractor provides goods or services in accordance with the established price, terms and conditions. Contract Administration: This generally refers to the processes that occur after a contract is signed and is explained in detail in Chapter 7. Contract Advisory Team: The team created to assist agencies in improving contract management practices. The team consists of four (4) members, one from each of the following offices: 1) Office of the Attorney General, 2) Comptroller of Public Accounts, 3) Department of Information Resources, and 4) Office of the Governor per §2262.101, Government Code. 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 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
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Form of the Contract Evidence of an
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State Contracting Standards/Oversig
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Contract Manager Responsibilities T
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� Contract value and complexity;
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Consider the effect that the contra
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importance of the contract to the c
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Below is a sample risk assessment.
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If the contract does not provide fo
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In order to determine what constitu
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4. Proper dispute resolution is a c
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Since you have failed to perform th
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Contract Close-Out T he contract cl
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Appendix 1 79
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esponsibility for ensuring the requ
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(d) If Respondent takes any excepti
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4. Exhibit C: Authorized Key Person
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LIABILITIES RESULTING FROM THE NEGL
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11.17. Patent, Trademark, Copyright
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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
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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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