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CTCM Study Guide
| Term | Definition |
|---|---|
| Scenario1 - A contract with an initial value of $2M, with 3 optional annual renewals of the same amount. What is the contract value? | $8M |
| Scenario2 - A contract with an initial value of $500,000., with 2 optional annual renewals of the same amount. What is the contract value? | $1.5M |
| Contract Value | The initial value of the contract plus any amendments, renewals, and extensions for the contract's full existence |
| Who is the SPD - Statewide Procurement Division | The entity that delegates purchasing authority to state agencies for NON-IT goods and services |
| POD (Statewide Procurement and Outreach) | Provides training, certification and CE's for procurement professionals Provides customer support for procurement inquiries for TX Smartbuy TX Smartbuy Membership Program Texas Purchasing from People with disabilities ESBD CMBL VPTS Conducts soli |
| purchasing authority | The ability of an agency to purchase goods and services using state funds. |
| Delegation of Purchasing Authority | Assigning purchasing authority to an agency |
| Statewide Contract Development Team | Develops Statewide Term, managed, and TXMAS contracts that offer a broad range of goods and services to state agencies. Processes open market req's on behalf of state agencies, universities, and Texas Smartbuy members |
| Statewide Contract Management Team | assists with: day to day contract management Manages statewide term, managed and TXMAS contracts Contract Administration Reporting Requirements Vendor Performance issues |
| Statewide Fleet, Travel, and Mail | Assists State agencies with managing their vehicle fleet Manages travel expenditures, monitors travel activity, and provides discounted travel services. Processes approx. 14-17K pieces of mail per day. |
| HUB (Historically Underutilized Business Program) | Promotes full and equal business opportunities Subcontracting opportunity for any procurement with an estimated contract value of $100,000. or greater Women owned Minority owned Service disabled veteran owned |
| Contract Advisory Team (CAT) | Reviews and makes recommendations on solicitations with an estimated value of at least $5 million Solicitations that require CAT review must be submitted thru POD portal Reviews take up to 30 days to complete Expedited reviews dependent on SAO Enhance |
| Quality Assurance Team | Oversees MIRP's and Associated Contracts Reviews: Project Plans Procurement plan/Acquisition Plan (>$10M) Proposed contract terms (>$10M) Partially executed contracts (>$10M) |
| Applications supported by SPD | VPTS TXMAS Texas Smartbuy CMBL |
| Texas SmartBuy | The State's eProcurement system for non-IT goods and services. Set-Aside (TCI & WorkQuest) Term Contracts Managed Contracts TXMAS Contracts |
| ESBD | Electronic State Business Daily Solicitations and notice of awards for contracts over $25,000. are required to be posted on ESBD |
| Centralized Master Bidder's List (CMBL) | Online directory that provides public procurement professionals the ability to foster competition between vendors. |
| Vendor Performance Tracking System (VPTS) | a system that collects vendor performance reports from state agencies. Reports must be submitted for contracts $25,000+. This system is used for scoring vendors, tracking vendor performance, and supplying information to state agencies. It provides vend |
| Agency Procurement Plans | This plan must be submitted by November 30th annually to SPD for potential contract consolidation |
| State Employees should NOT | - Accept gifts or other employment that could influence their work duties - Accept any benefit for exercising their official duties in favor of another - Make personal investments that create a substantial interest in a business |
| substantial interest in a business | (1) has a controlling interest in the business entity; (2) owns more than 10 percent of the voting interest in the business entity; (3) owns more than $25,000 of the fair market value of the business entity; (4) has a direct or indirect participating |
| conflict of interest | Disclose Avoid Financial Interests Owns or controls an ownership interest of at least 1% in the business Could reasonably foresee that a contract with the person could result in a financial benefit to the employee or official |
| consanguinity | blood relationship |
| affinity | Spouse and individuals related to the spouse |
| Appearance of Impropriety | Where someone creates a circumstance or situation that appears to raise questions of ethics |
| bribery | the practice of offering something (usually money) in order to gain an illicit advantage |
| Post Employment Restrictions | two year restriction for state employees state agencies may not enter into a contract with a former executive head, or their employer, until 4 years after the executive left the agency reduces conflicts of interests avoids appearance of improper infl |
| State Auditor's Office | Deals with suspected Fraud, Waste or Abuse |
| Required Forms | COI Disclosure form - Agency specific Non-Disclosure Agreement form - Contract Developers, Purchasers, Evaluation committee members - must be signed prior to receiving the responses or participation in evaluation committee |
| Ethic and related forms for $1M and above | SAO Nepotism Disclosure Statement - purchasing personnel TEC Disclosure of Interested Parties (1295) - Vendor |
| Vendor Communication | PRIOR TO CONTRACT: Fact gathering - allowed Drafting the Solicitation - limited After the solicitation is posted - certain time points (Q&A) Evaluation and Negotiation - allowable between response due date and contract award POST CONTRACT AWARD: Go |
| Procurement Cycle | 1 Procurement Planning 2 Procurement Method Determination 3 Vendor Selection 4 Contract Formation and Award 5 Contract Management |
| Delegation of Purchasing Authority may be: | 1 Provided by SPD by rule 2 Requested from SPD by agencies OMR - Open Market Requisition POD Portal - Procurement Oversight and Delegation |
| SPD Delegation by Rule | • Purchases of $10,000 or less ("spot" purchases) • One-Time Purchase of Goods of $50,000 or less - annually • Purchases of Services of $100,000 or less • Direct Publications - Professional Memberships • Perishable Goods Purchases • Distributor Purc |
| OMR Delegation | Goods >$50K |
| POD Delegation | Services >$100K |
| Best Value for the State | Purchase Price and meeting Specifications are principal factors Must be balanced with quality and reliability, installation cost, vendor experience |
| Solicitation methods | IFB - invitation for bid - Usually for goods, cannot negotiate unless only one bidder RFP - Request for Proposal RFO - Request for Offer - Usually IT RFQ - Request for Qualifications - For Professional Services |
| Vendor selection process | ~bid tabulation Process ~Evaluation Committee Process ~Preferences |
| Contract Management Overview | Risk Assessment & Monitoring Deliverables Change Control Contract Close-Out & Vendor Performance Record Retention |
| Post Award Internal Conference | For High-Risk or High-Dollar procurements With Contract Developer, Contract Manager, End User, Project Manager To Understand roles and Responsibilities and Contract developer transitions contract to the Contract Manager |
| Post Award Contractor Conference | For a clear and mutual understanding of terms and conditions, and respective responsibilities EXAMPLES of points to review ~Performance milestones ~Deliverables ~Monitoring methods ~Acceptance Criteria |
| NASPO | National Association of State Procurement Officials ~ Has trainings ~ Implemented ~~Acquisition Plan ~~Quality Assessment Plan (QAP) |
| acquisition plan | The meat of the project tracks all procurement activities throughout the procurement cycle used during the transition from Contract Developer to Contract Manager |
| Quality Assessment Plan | Tool used to assist Contract Managers to clearly understand, monitor and mitigate risk during the administration of a contract. |
| How to identify risk factors | ~contractor's previous experience ~Past Performance (VPTS) ~dollar value of contract ~reimbursement methodology ~acquisition complexity - is the contract difficult to accomplish ~interdependency with other contracts |
| Risk Mitigation Measures | - Financial capability -can they support the cost of employees and supplies, etc. - Insurance - Bonds - Warranties - Cybersecurity Training - Extended warranty; Maintenance agreement - Licenses/Certifications - Limitations of Liability (LOL) Claus |
| monitoring methods | -Desk Reviews - reports -Site Visits -Monitoring by third parties -Enhanced Contract and Performance Monitoring |
| Review of Results for monitoring efforts | ~ensure corrective actions were taken ~Identify common problem areas that may require training ~ensure vendors maintain insurance, licenses, certs, etc. ~improve contract requirements for future contracts |
| What is a purchase order? | A document used by agencies to authorize the purchase of goods and services Once the services are performed and or goods are received the contractor will request payment by submitting an invoice |
| Invoice Review and Payment | Payment considered overdue on 31st day after ~the receipt of the goods/performance of the services; and ~receipt of the TRUE and CORRECT INVOICE of the goods or services |
| When withholding payment is necessary | ~Invoice errors ~Undocumented and/or unsupported costs ~remediating overpayments to the vendor ~contractor's performance is non-conforming or unacceptable |
| Change Management Process includes: | ~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 ~Establish a single point of con |
| Non complex procurements Change Control | POCN - purchase order change notice such as a simple PO |
| Complex procurements Change Control (high risk) | ~Prescribed forms ~Minimum review periods ~Named individuals with approved authority ~Document EVERYTHING |
| Bilateral Amendments | Affects both parties and both parties must agree |
| Bilateral Substantive Changes | Not a big change (deliveries to a new location in the same city) |
| Bilateral Constructive Changes | Big change - Asking above what was agreed upon (deliveries to a new location in a different city far away) |
| Unilateral Amendments | Only an internal change |
| Unilateral Administrative Changes | Example: Correcting spelling errors of a name |
| What is a renewal | Where contractual parties have the OPTION to renew the contract for another term Start talking about renewals at least 2-3 months prior |
| What is an extension | Extended term beyond the original solicitation contract terms, with allows time needed to complete the services will be stipulated in the contract just in case it is needed **Agencies and Higher Ed cannot renew or extend a contract that has been effect |
| force majeure | unforeseeable circumstances that prevent someone from fulfilling a contract acts of God or of the public enemy Fires Floods Epidemics Strikes Freight Embargos Unusually sever weather |
| Liquidated Damages | Useful when "actual" damages are difficult to calculate Must be clearly specified in the contract Not used to penalize the contractor - it is to attract their attention to avoid issues from happening |
| Compensatory Damages | A monetary amount intended to compensate injured parties for actual losses or damage they have incurred ~discounts ~credits ~refunds ~waiver of fees |
| dispute resolution | The objective is to resolve problems before the escalate Initial Steps: ~Identify the problem ~Research facts ~Evaluation |
| Termination by mutual agreement | When both the client and the agent agree to terminate a contract before the time period is up - when a contract ends early |
| Termination for Convenience | No fault termination - should be in the contract |
| Termination for cause | when a contractor fails to perform, make progress, or in any way breaches contract. |
| Cure Notice | Notice, either oral or in writing, that informs vendors that they are in default and states what the vendor has to do to correct the deficiency. If the notice is oral, it shall be confirmed in writing. |
| Corrective Action Plan | A proposed solution to fix a problem or a process by the contractor |
| Termination for Non-Appropriation | Once a fiscal year has passed and the agency doesn't have the funds anymore they can terminate the contract |
| What is involved in a Contract Close-Out | Both parties have fulfilled contractual obligations ~all goods or services have been received and accepted - inspected, tested, accepted. ~all reports have been delivered and accepted ~all administrative actions have been accomplished ~all agency fur |
| vendor performance reporting requirements | Must be reported within 30 days to VPTS once a contract with a value of $25,000. is completed or otherwise terminated If the value of the contract exceeds $5M the agency must review the contractor's performance at least once a year during the term of |
| Report Score | The score the agency assigns to a vendor for one particular vendor vendor performance report (VPR) |
| Vendor Score | The score calculated by averaging all of a vendor's report scores to provide an overall vendor score |
| VPTS Score of A | The vendor SIGNIFICANTLY exceeded the requirements. Any problems with the purchase order or contract were MINOR and corrective actions taken by the vendor to address the problems were HIGHLY EFECTIVE. IF the BEST VALUE standard was used to award the |
| VPTS Score of B | The vendor EXCEEDED SOME of the requirements. Any problems with the purchase order or contract were MINOR and corrective actions taken by the vendor to address the problems were EFECTIVE. IF the BEST VALUE standard was used to award the purchase orde |
| VPTS Score of C | The vendor MET the requirements. Corrective actions taken by the vendor to address MINOR PROBLEMS were SATISFACTORY. IF the BEST VALUE standard was used to award the purchase order or contract, A C means that the vendor SATISFIED the standard but tha |
| VPTS Score of D | The vendor DID NOT MEET SOME OF THE REQUIREMENTS. The problems with the purchase order or contract WERE SERIOUS and that corrective actions taken by the vendor to address SUCH PROBEMS WERE ONLY MARGINALLY EFFECTIVE OR NOT FULLY IMPLEMENTED. If the BE |
| VPTS Score of F | The vendor DID NOT MEET THE REQUIREMENTS. The problems with the purchase order or contract WERE SERIOUS and that corrective actions taken by the vendor to address SUCH PROBEMS WERE INEFFECTIVE . If the BEST VALUE standard was used to award the purchas |
| Record retention protocol | All documents must be maintained in electronic form after close of contract plus 7 years All documents related to the procurement, including the evaluation worksheets, and any formulas for formats, must be kept in electronic form |
| post payment audit | 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:
krisgayle0319