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CTCM
Contract Management
| Question | Answer |
|---|---|
| CM's are Not authorized to | allow contractor to commence work before the contract is fully executed; change scope or extend the term of contract; allow contractor to perform work that is not specifically described and funded; & contractor to recover costs incurred prior to. |
| Quality Assessment Plan | Tool that assists the CM in the assessment of risk and the monitoring of deliverables following contract execution |
| Risk Assessment requires: | The likelihood of the event is estimated (rare to almost certain) and the Consequence of the event is estimated (negligible impact to extreme) |
| 1st step in risk assessment | Identify the risk factors which are indicators that the contract or project objectives will NOT be achieved. |
| Transition from CD to CM | For High dollar/high risk - best practice to hold a post-award meeting to include CD, CM, end user, and PM. |
| Dispute Resolution | to resolve problems before they escalate. |
| Dispute Resolution Steps | Identify the problem Research the facts Evaluation |
| Corrective Action Plan | a written docu ment that identifies specific activities that must be performed by the contractor to restore compliance with the contract . |
| Contract Close Out | Completed when: all goods/services have been received/accepted; all reports delivered/accepted; equipment/materials returned; property issues are resolved; final acceptance from PM and final payment made to contractor; VTPS |
| Construction Services | Not less than $250,000, can be brought directly in district court without exhausting the administrative requirements of Chapter 2260 TGC. |
| QAT | Approves project framework deleiverable for MIRP valued more than $1 million or greater and contract amendments greater than 10 percent of original contract value. |
| Contract Level Risk Assessment | High-Level/Overarching • Helps identify the risk(s) associated with each contract that is a part of the Contract Manager’s workload • Helps identify high risk contracts that may need extra attention or frequent monitoring |
| Deliverable Level Risk Assessment | Specific to an individual contract • Each deliverable is assigned a risk level and then monitored accordingly |
| Identifying Risk Factors | Reimbursement methodology • Acquisition complexity • Interdependency on others or other contracts • Contractor’s previous experience • Contractor’s past performance • Dollar value of the contract |
| Post Award Contractor Conference | Contract Manager | Agency Stakeholders | Contractor: Clear and mutual understanding of terms and conditions and respective responsibilities |
| Monitoring | Desk Reviews – Progress, Status, Activity, Financial, Vendor Reports • Site Visits • Monitoring by 3rd Parties • Enhanced Contract and Performance Monitoring |
| Inspection, Testing, and Acceptance | Testing • Shipping & Receiving • Carrier Shipping Methods |
| Invoice Review | A payment is considered overdue on the 31st day after: – the receipt of the goods; – performance of the services; or – receipt of the invoice for the goods or services |
| Withholding Payment | Invoice errors • Undocumented and/or unsupported costs • Remediating overpayments to the vendor • Contractor’s performance is non-conforming or unacceptable |
| Change Control | Formal, written approval of all changes prior to the change taking place • Evaluation of the impact of each change to the contracting objective • Develop a plan for contingency allowances • Documentation of all changes • single point of contact |
| Types of Contract Amendments | Administrative Changes Substantive Changes Constructive Changes Contract Amendment Analysis |
| Assignment by Contractor and Contractor Name Change | Assignment occurs when one party to a contract (assignor) transfers its rights under a contract to another party (assignee) – Payment Assignment – Name Change – Buyout or Sale – Replacement Contractor |
| Renewals | contractual parties have the option to renew the contract for another terms |
| Extension | Extended term beyond the original solicitation contract terms, which allows time needed to complete the service. |
| Force Majeure | Performance may be suspended when the failure to perform is due to excusable causes – Acts of God or of public enemy – Fires – Floods – Epidemics – Strikes freight embargos – Unusually severe weather |
| Remedies | Liquidated damages • Compensatory damages • Restitution damages • Equitable remedies • Punitive damages • Nominal damages |
| Termination | mutual agreement for convenience for cause for non-appropriation |
| VPTS scoring | A contractor’s performance must be reported to VPTS once a contract with a value of over $25,000 is completed or otherwise terminated |
| Interpreting Existing Vendor Scores | Report Score • the score the agency assigns for one particular report; Vendor Score - the score calculated by averaging all of a vendor’s report scores to provide an overall vendor score |
| Vendors on corrective action plan | VPTS Score, the highest score they can get is a C. |
| Post-Payment Audits | CPA’s Expenditure Audit Section audits state agencies for compliance with certain state laws and rules concerning: • Payroll • Travel • Purchase and Procurement • Processing requirements of CAPPS, USAS, USPS, and SPRS |
Created by:
tdromero