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Contract Development

Vendor Performance Tracking System Required method of reporting vendors once contracts are completed or closed out and/or throughout the life cycle of the contract.
Texas Smart Buy Statewide contracts procured and manage by SPD must use a purchase order through this system. Non-IT Good & services: Term & Managed Contracts, TXMAS Contracts and Set-Aside.
Statewide Procurement Policy and Outreach Conducts policy research, training and certification and customer support services.
Statewide Mail Operations Provides state agencies and universities a variety of mail operations services.
Statewide Contract Development and Contract Management Develops and manages statewide contracts for use by state agencies with a broad range of contracts for commodities and services.
State Travel Management Program Manages travel expenditures, including hotel, car rentals, airlines and travel agencies.
Office of Vehicle Fleet Management Manages and assists agencies with their vehicles.
Historically Underutilized Business Program (HUB) Provide opportunities to disadvantaged groups in an effort to remedy disparity in state procurement contracting.
Electronic State Business Daily (ESBD) A web portal to post solicitations and learn of contract awards.
Procurement Oversight and Delegation (POD) Reviews solicitations and issues a letter of delegation of purchasing authority for an anticipated contract value at $100,000 or greater.
Centralized Master Bidder's List Master database that provides Texas procurement professionals the ability to foster competition between vendors.
Agency Procurement Plans This plan must be submitted by November 30th annually.
Purchases of Good & Services at $5000 to $25,000 Must reach out to three active vendors on the CMBL (with 2 HUB) must be solicited.
Purchases of Good & Services $25,000 and greater All eligible vendors on the list must be solicited.
Purchaser Role The receipt & processing of requisitions, developmnt of specs, developmnt of SOW, the issuance of PO against existing statewide, cooperative or agency contracts, and the vertification of the inspection of merchandise. No Solicit/awards.
Contract Development Takes actions prior to contract execution, including Receive, processing of Reqs, assess of need, develop & review specs & SOW, identify & selection of procure methods, eval criteria, prepare & advertise solicit docs, tab of bids, evals, awards.
Contract Management Follows execution, assess risk, verify contract performance, monitor compliance w/deliverable and reporting requirements, enforce contract terms, and ensure contract performance & practices are consistent with rules, laws and the procurement guide.
Quality Assurance Team (QAT) Approves project framework deliverable for MAJOR INFORMATION RESOURCES PROJECTS (MIRP) valued at more than $1 million or greater, and contract amendments greater than 10 percent of original contract value.
Contract Advisory Team (CAT) Reviews and make recommendations on the solicitation documents for contracts with an estimated value of at least $5 million.
Procurement Oversight and Delegation Portal (POD) Requests for SPD delegated purchasing authority for service contracts valued at $100,000 or greater. Solicitations w/anticipated value of $5 million or greater that require CAT review and Solicitations for MIRP that require QAT review.
Bribery Occurs if a person intentionally or knowingly offers, confers, or agrees to confer on another, or solicits, accepts/ agrees to accept any benefit as consideration for a violation of public servant's legal duty/a public servants decision, opinion, etc.
Post Employment Restrictions or Revolving Door Reduces Conflicts of Interests. Avoid appearance of improper influence. 2 yrs restriction for state employees & 4 yrs for former executive/agency heads.
Procurement Planning (Procurement Cycle 1) Needs assessment: market research, historical spend analysis, benchmarking, RFI; Cost Estimate: Budget Quotes, Funding Source, Allowable use of approp funds; Acquisition Plan: Identify the contract admin team, assign roles, monitor contract requirements.
Procurement Method Determination (Procurement Cycle 2) Procure Methods: RFP, RFO, RFQ, RFA, IFB Non-delegated: TCI, State Use Prog, Term Contracts, Mail, Print, Used Equipment, Other state agency contracts, TXMAS, Propriety Purchases
Set-Asides TCI, State Use Programs: WorkQuest/TIBH
Term Contracts Established by SPD for the purchase (or lease) of goods and services used in large quantities by several agencies
Proprietary Purchases A purchase where the specifications or conditions of the proposed are proprietary to one vendor & do not permit an equivalent product or service to be supplied.
Sole source Product or service is ONLY available for purchase through a single vendor
Ethics Laws & Professional Standards Public procurement professionals are gatekeepers for proper expenditures of governmt's financial resources and are entrusted to uphold the highest ethical standards and be good stewards of public funds with every purchase decision made.
Nepotism A conflict of interest that involves an explicit act of using one's position to favor a relative. Relationships between family members are classified by consanguinity or affinity.
Consanguinity Individuals related by blood to the official or employee: 1st degree - parents & children; 2nd degree - Grandparents/children and brothers & sisters; 3rd degree - great grandparents/children and nieces/nephews/aunts/uncles.
Affinity Officials or employee's spouse and individuals related to the spouse: 1st degree - spouse & spouses parents or children's spouse or spouses children; 2nd degree - spouses grandparent/children or spouse's brother/sister or brother's/sister's spouses.
Appearance of Impropriety The root of ethical behavior in public procurement is the commitment of public procurement professionals to ensure they neither gain personally from, nor unduly favor anyone, in the execution of their official duties.
Resolving Ethical Dilemmas If it feels wrong, it probably is wrong. Therefore one should seek assistance from supervisor, legal counsel or ethics officer.
State Ethics Policy State officer or state employee may not have a direct or indirect interest, including financial and other interests, or engage in a business transaction or professional activity, or incur an obligation of any nature that is in substantial conflict.
Gifts to Public Servant An employee may not solicit, accept, or agree to accept any benefit from a person the employee knows is subject to regulation, inspection, or investigation by the agency. Non-cash value of $50 MAY BE ACCEPTED.
Vendor Communication - Fact Gathering When conducting market research and procurement teams need vendor input, like RFI's.
Vendor Communication - Drafting Solicitations Fact gathering is completed and actual solicitation-drafting process has begun, vendor communication must cease to ensure the integrity of the procurement.
Vendor Communication - During Solicitation Once solicitation is issued, communication between procurement staff and vendors should follow the procedure by designating point of contacts for receipt of vendor inquiries, public questions & answers and the pre-bit/offer/proposal conferences.
Vendor Communication - Evaluation & Negotiation Allowable vendor-public interactions between the response due date & contract award: Clarification of a respondents ability to meet the solicitation, negotiations of best and final offer and the exchange of information to facilitate a potential award
Milestones and Deliverables These Two items should be tied together whenever possible.
Competitive Bidding Based on Best Value
After Awards Subject to open records.
Contract Value Estimated dollar mount that an agency may be obligated to pay pursuant to the contract and all executed and proposed amendments.
SPD Delegated Purchases Determines Contract Value; Minimum requirements for delegated purchases, SPD Delegation by Rule; SPD Review & Delegation Process; Competitive Bidding; Competitive Sealed Proposal
$20 million Contract Value Contract with an initial value of $5 million, with three (3) optional, annual renewals. What is the contract value?
$300,000 Contract Value Contract with an initial value of $100,000 with two (2) optional, annual renewals. What is the contract value?
SPD Delegation by Rule Purchases of $5,000 or less (spot); one time purchase of goods of $50,000 or less; purchase of services of $100,000 or less; direct publications; perishable goods purchases; Distributor; fuel, oil, and grease purchases; internal repair & emergency
SPD Review and Delegation Process Goods greater than $50K - Open Market Requisition Email and Services greater than $100K - POD
Request for Qualifications (RFQ) Generally used for professional services; based on Qualifications and Skills; price negotiated after preferred respondent selected.
Cooperation Contracts Interagency Cooperation Contracts (IAC) and Interlocal Cooperation Contracts (ICC)
Interagency Cooperation Contracts (IAC) Written understanding between tow or more agencies to provide services, materials, or equipment from one to another
Interlocal Cooperation Contracts (ICC) Written understanding between local governments or local governments and agencies of the State.
Invitation for Bids (IFB) Use when products & services are standardized or uniform.
Request for Proposals (RFP) or Request for Offers (RFO) When negotiations are desired; and Vendor is expected to provide innovative ideas or solutions.
Request for Offer (RFO) Primary purchasing method for procuring AIS; Agency has obtained an exemption from DIR; Agency has obtained approval from LBB; & DIR has certified in writing that the IT commodity item is not available for purchase off a DIR Contract.
DIR Cooperative Contract Thresholds No more than $50K-Agency can award contract directly to vendor; More than $50K but no more than $1 million-Agency must submit a Request for Pricing to at least 3 vendors; & over $1 million-to 6 vendors.
Request for Applications (RFA) Agency issues an RFA; agency responsible for awarding grant funds to other entities; and not a sanctioned for procuring goods & services.
Nepotism Form Filed by Employees at State Auditor's Office (SAO) for $1 million and greater.
Form 1295 Filed by Vendors to the Ethics Commission for $1 million and greater.
HUB Sub-Contracting Plan Submitted by Vendors when contracts are $100K or more
Insurance, Bonds, etcf. Ways to protect the agency.
Negotiations are allowed Emergency Purchases
Days it takes to receive delegation from POD 30 days
Purchases for Major Consulting Service Projects Posting Requirements Texas Register; $15K for State Agencies; $25K for Higher Ed
Posting Calendar Days 14 days Minimum; 21 days for ; 30 days Best Practice
Non Appropriations Clause - Contract Terminations Mutual Obligation; Cause (meaning there is an issue); Convenience (No fault); and Funding
Terms and Condition Protects the agency from unintended risk: Change Control, Risk Mitigation, & Remedies
Change Control - Terms & Conditions Address unanticipated (or anticipated) changes to the scope, schedule, and pricing
Risk Mitigation - Terms & Conditions Financial Capability, Insurance, Surety Bonds, Warranties, Extended Warranty; Maintenance Agreement, Limitations of Liability Clause
Remedies Liquidated Damages • Compensatory Damages • Restitution Damages • Equitable Remedies • Punitive Damages • Nominal Damages
Response Submission Requirements Response Content, Format, Delivery Instructions, HUB Subcontracting Plan Requirement
Solicitation Process Steps Surplus, Set-Asides, Other Agency, Term Contracts (TXMAS), Delegation, other vendors
Renewing or Amending Major Consulting Services either: File with Secretary of State for publication to Tx Registers or comply with Pre-Award and obtain a fact finding form from Governor's Budget and Planning office
Allowable use of Appropriate Funds AGency may NOT use these funds for goods & services unless statutorily authorized exemption: ALCOHOL, AUDIT OF FINANCE RECORDS/ACCOUNTS, POSTAGE OR PO BOX, MEMBERSHIPS, LIVE OR FAKE INDOOR PLANTS.
Waivers are given by Texas Correctional Industries (TCI)
Purchase Order Change Notice for Extending or renewing contract prior to expiration of contract; when offering discounts;
Evaluation Committees or Teams Members MUST NOT conduct independent research; members evals are based solely on members personal review; MUST NEVER attempt to communicate with respondent; evaluator can consult with contract developer.
Consequential Damages (Under Compensatory) Or Special Damages are intended to cover any loss incurred by a breach that i not directly related to the contract.
Liquidated Damages CONTRACTORS FAILURE TO MEET requirement when damages are difficult to calculate. Non-acutals
Other SPD Non- delegated purchases Mail and Messenger Services Contracts • Printing Services and In-House Copy Centers • Used Equipment
Minimum Vendor Qualification Technical skill • Years of experience • Production facility requirements • Projects of similar size and scope • Financial capability to perform
Compensatory Damages are the monetary amount necessary to compensate the injured party for the loss. Example: Expectation - Benefit of the bargain; Reliance-performance and cannot calculate; Consequential-special damages/naturally
High risk or high dollar procurements agencies reserve the right to determine financial integrity & responsibility of respndent & reject a response on the grounds of lack of financial soundness. Can have recent audit stmts; or unaudit stmts reviewed by CPA/firm.
Insurance Covers all claims against contractor as well as costs the agency might incur. Types: Commercial, Professional, Workers Comp, Commercial umbrella excess and automobile
Surety Bonds three types: bid (deposits) bonds, performance bonds and payment bonds
Warranties Mitigating Risk & Assurances that specific facts or conditions are true or will happen. Protect buyer against poor workmanship, intellectual property violations of 3rd parties, malfunctioning products & debts.
Extended Warranty; Maintenance Agreement is a repair and replacement service offering that is available to the buyer for an additional cots.
Scope of Work Provide a clear and thorough description of the products or services to be provided • Foster competition • Logically organized • Tailored to the agency business needs
Work Quest Exemptions Quality, Quantity, Life-cycle Cost and Delivery EXAMPLE: Chair rentals for life-Cycle costs
Acquisition Plans/Steps Identify the Contract Administration Team • Assign roles and responsibilities • Monitoring contract requirements
Specification Drafting Performance Based-media services or pen precisely writes; Design Based-product has measures; Mixed based-both
Descriptive Specifications Provide the principal physical, functional, or other characteristics of a product or service. • Should NOT include minimum or maximum on characteristics• Avoid one brand name (or other steps that would limit competition)
Restrictive Specifications Limit competition• Don’t inadvertently customize a product or service when drafting• Restrictive specifications result in proprietary procurements.
Evaluation – Bid Tabulation Process IFB responses are to be evaluated on objective criteria • Best practice for bid tabulations to be reviewed by a second contract developer • Recommended responses are prepared within three (business) day
Legal Elements of a Contract – Offer – Acceptance – Legal Purpose – Consideration – Certainty of Subject Matter – Competent Parties
kick off meeting for solicitation preparation key stakeholders (such as the Contract Developer, end-user, subject-matter experts, Contract Manager, legal personnel, and informational technology representatives, if applicable) to discuss requirements to administer the contract from issuance -closeout
Benchmarking compare a particular item, service, or process with OTHER enties or an established industry standard. Objective is to obtain a measure that can then be used to identify opportunities for improvement.
Historical Spend Analysis is a tool used to optimize an agency's buying power. By studying an agency's purchasing data, public procurement professionals seek, among other things, to identify cost savings. by consolidating purchases or diversity for improvements.
Request for Proposals Example: Painter services.
TXMAS Contracts Over $50K 3 vendors or all if less than 3, all vendors.
Non-Disclosure Agreements Are signed during Evaluation Committee meeting/kick-off
Vendor Performance Reporting Tracking Scoring A: met best value and fully c omplied B: met best value & fully complied or immediately remedied C: met best value & substantially remedied D: Did not meet Best value & substainially non-compliance F: did not meet best value & non compliant & failed
Created by: tdromero



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