Contracts Management Guide - Texas Comptroller of Public Accounts

More documents

Recommendations

Info

LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF [INSERT NAME OF AGENCY HERE] OR ITS EMPLOYEES. X. Dispute Resolution The dispute resolution process provided for in Texas Government Code, Chapter 2260 shall be used by {Insert agency name here} and Contractor to resolve any dispute arising under the Contract. 11.1. Family Code XI. Representations, Warranties, and General Provisions Under Section 231.006 of the Texas Family Code (relating to child support), Contractor represents and warrants that Contractor is not ineligible to receive the specified payment and acknowledges that this Contract may be terminated and payment withheld if this representation and warranty is inaccurate. 11.2. Eligibility Under Government Code, Section 2155.004 (relating to certain taxes), Contractor represents and warrants that Contractor is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this representation and warranty is inaccurate. Contractor represents and warrants that it is not delinquent in the payment of any franchise taxes owed the State of Texas. 11.3. Liability for Taxes Contractor represents and warrants that it shall pay all taxes or similar amounts resulting from this Contract, including, but not limited to, any federal, State, or local income, sales or excise taxes of Contractor or its employees. {Insert agency name here} shall not be liable for any taxes resulting from this Contract. 11.4. HUBs Contractor represents and warrants that it shall comply with the Historically Underutilized Business requirements pursuant to Government Code, Chapter 2261. 11.5. Amendments Except as provided in Section 11.12 of this Contract, this Contract may be amended only upon written agreement between {Insert agency name here} and Contractor; however, any amendment of this Contract that conflicts with the laws of the State of Texas shall be void ab initio. 11.6. Applicable Law; Venue This Contract shall be governed by and construed in accordance with the laws of the State of Texas. The venue of any suit arising under this Contract is fixed in any court of competent jurisdiction of Travis County, Texas. 11.7. Strict Compliance Time is of the essence in the performance of this Contract. Contractor shall strictly comply with all of the deadlines, requirements, and Standards of Performance for this Contract. 11.8. Assignments Without the prior written consent of {Insert agency name here} Contractor may not assign this Contract, in whole or in part, and may not assign any right or duty required under it. 11.9. Partially Completed Work No later than the first calendar day after the termination of this Contract, or at {Insert agency name here} request, Contractor shall deliver to {Insert agency name here} all completed, or partially completed, work and any and all documentation or other products and results of these services. Failure to timely deliver such work or any and all 87
documentation or other products and results of the services shall be considered a material breach of this Contract. Contractor shall not make or retain any copies of the work or any and all documentation or other products and results of the services without the prior written consent of the {Insert agency name here}. 11.10. Federal, State, and Local Requirements Contractor shall demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W-2’s to common law employees. Contractor is responsible for both federal and State unemployment insurance coverage and standard Worker’s Compensation Insurance coverage. Contractor shall comply with all federal and State tax laws and withholding requirements. The State of Texas shall not be liable to Contractor or its employees for any Unemployment or Workers’ Compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the State of Texas and shall pay all costs, penalties, or losses resulting from Contractor’s omission or breach of this Section. 11.11. Severability Clause In the event that any provision of this Contract is later determined to be invalid, void, or unenforceable, then the remaining terms, provisions, covenants, and conditions of this Contract shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. 11.12. Applicable Law and Conforming Amendments Contractor must comply with all laws, regulations, requirements and guidelines applicable to a Contractor providing services to the State of Texas as these laws, regulations, requirements and guidelines currently exist and as they are amended throughout the term of this Contract. {Insert agency name here} reserves the right, in its sole discretion, to unilaterally amend this Contract throughout its term to incorporate any modifications necessary for {Insert agency name here} or Contractor’s compliance with all applicable State and federal laws, and regulations. 11.13. No Waiver Nothing in this Contract shall be construed as a waiver of the state’s sovereign immunity. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the State of Texas under this Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. {Insert agency name here} does not waive any privileges, rights, defenses, or immunities available to {Insert agency name here} by entering into this Contract or by its conduct prior to or subsequent to entering into this Contract. 11.14. No Liability Upon Termination If this Contract is terminated for any reason, {Insert agency name here} and the State of Texas shall not be liable to Contractor for any damages, claims, losses, or any other amounts arising from or related to any such termination. However, Contractor may be entitled to the remedies provided in Government Code, Chapter 2260. 11.15. Independent Contractor Contractor or Contractor’s employees, representatives, agents and any subcontractors shall serve as an independent contractor in providing the services under any PO resulting from this RFP. Contractor or Contractor’s employees, representatives, agents and any subcontractors shall not be employees of {Insert agency name here}. Should Contractor subcontract any of the services required in this RFP, Contractor expressly understands and acknowledges that in entering into such subcontract(s), {Insert agency name here} is in no manner liable to any subcontractor(s) of Contractor. In no event shall this provision relieve bidder of the responsibility for ensuring that the services rendered under all subcontracts are rendered in compliance with this RFP. 11.16. Limitation on Authority; No Other Obligations Contractor shall have no authority to act for or on behalf of {Insert agency name here} or the State of Texas except as expressly provided for in this Contract; no other authority, power or use is granted or implied. Contractor may not incur any debts, obligations, expenses, or liabilities of any kind on behalf of the State of Texas or {Insert agency name here}. 88
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 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 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

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?