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CTCD Test 2025
for the CTCD Test using materials from 2025 classes/workbook
| Question | Answer |
|---|---|
| Define the Purchaser role | the term refers purchasing to the mechanical or administrative process of how goods and services are ordered |
| Define the Contract Developer role | this term applies to all the actions taken prior to contract execution and the preparation and completion of contract award documents |
| Define the Contract Manager role | this term applies to actions taken following contract execution and ensuring contract performance and practices are consistent with rules and Texas laws |
| What is the Statewide Procurement Division and what do they do? | - the state's central authority for the procurement of non-IT goods and services - manages statewide contracts and exercises procurement authority delegation/delegates purchasing authority to state agencies - provides guidance on procurement practices |
| What are the five branches of SPD? | Procurement Policy and Outreach, Contract Development, Contract Management, Historically Underutilized Business (HUB), and Statewide Fleet, Travel, and Mail |
| What does Procurement Oversight and Delegation (POD) do? | - performs reviews of service solicitations over $100k (30 days) and delegates purchasing authority - submits solicitations of anticipated value of $5 million or greater for Contract Advisory Team (CAT) review |
| What is Contract Development? / What do Contract Developers do? | - develops Term, Managed, and TXMAS contracts - performs reviews for solicitations for goods over $50k (30 days) via Open Market Requisitions (OMRs) and approves delegation of purchasing authority |
| What is Contract Management? / What do Contract Managers do? | - assists state agencies, higher ed. institutions, Texas SmartBuy members and contractors with: - day-to-day contract management - contract administration - reporting requirements - vendor performance issues related to statewide contracts |
| What is the Historically Underutilized Business (HUB) Program? / What does HUB do? | - promotes equal business opportunities to remedy disparity in state procurement and contracting - certifies Texas-based vendors as HUBs = minority owned, woman owned, or disabled veteran owned |
| What is the contract value that requires Contract Developers to identify HUB subcontracting opportunities? | $100,000 or greater |
| What does the Office of Vehicle Fleet Management do? | manages the state vehicle reporting system |
| What does the Statewide Travel Management Program do? | provides travel services contracts - required for state agencies and available to TXSmartBuy members |
| What does Statewide Mail Operations do? | delivers and collects interagency mail for state agencies |
| What is an Agency Procurement Plan? | - identifies management controls and purchasing oversight authority in accordance with the policy guidance contained in the Guide * due to SPD annually by November 30th * |
| Which Texas agency provides purchasing support and procurement oversight? | Texas Comptroller of Public Accounts (CPA) |
| What is Texas SmartBuy? | - the state's central eProcurement system for non-IT goods and services - agencies and local governments utilize the web-based ordering system to access hundreds of competitively bid and awarded state contracts |
| What is the Electronic State Business Daily (ESBD)? | used to post solicitations to inform potential vendors of contracting opportunities and provides public notice of awards |
| What is the Centralized Master Bidders List (CMBL)? | an online directory of vendors interested in working with the state of Texas |
| What is the Vendor Performance Tracking System (VPTS)? | collects vendor performance reports from agencies and allows agencies to score vendors, track vendor performance, and provide information about vendor performance to Contract Developers - scores: A, B, C, D, F |
| What are the State Standards of Conduct? | State employee 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, or make personal investments that create a substantial interest in a business. |
| What is Consanguinity? | nepotism that includes individuals related by blood to the official or employee |
| Describe First-Degree Consanguinity. | Parents and Children |
| Describe Second- and Third-Degree Consanguinity | - Grandparents, Grandchildren, Brothers and Sisters - Great-Grandparents, Great-Grandchildren, Nephews and Nieces, Uncles and Aunts |
| What is Affinity? | nepotism that includes an official's or employee's spouse and individuals related to the spouse |
| Describe First-Degree Affinity. | Spouse, Spouse's Parents, Children's Spouses, Spouse's Children |
| Describe Second-Degree Affinity. | Spouse's grandchildren, spouse's grandparents, spouse's brothers and sisters, brother and sisters' spouses |
| What is bribery? | a criminal offense that occurs if a person intentionally or knowingly offers, confers, or agrees to confer on another, or solicits, accepts, or agrees to accept any benefit as consideration for a violation of a public servant's legal duty, decision, etc. |
| What is the Post Employment Restriction for former state officers or state employees who participated on behalf of the agency in a procurement or contract negotiation? | Employees may not work for the vendor until two (2) years after the contract is signed, or the procurement is terminated or withdrawn. |
| What is the purpose of Post Employment Restrictions? | to avoid appearance of impropriety or conflict of interest |
| What is the Post Employment Restriction on contracting with a former executive head of a state agency? | A state agency may not contract with a former executive head, or their employer, until four (4) years after the potential contractor ceased being the former executive head of a state agency. |
| What forms must Contract Developers and Purchasers sign prior to engaging in any purchasing activity? | Non-Disclosure Agreement Form and Conflict of Interest Certification |
| What are the required disclosure statements needed when the contract value is $1 million and above? | State Auditor's Office (SAO) Nepotism Disclosure Statement for purchasing personnel and Texas Ethics Commission (TEC) Disclosure of Interested Parties (1295 Form) |
| Who is responsible for signing the State Auditor's Office (SAO) Nepotism Disclosure Statement? | This form must be signed by all individuals (personnel) involved in the procurement and the form is reviewed and signed by the agency's administrative head. |
| Who is responsible for signing the Texas Ethics Commission (TEC) Disclosure of Interested Parties, or the 1295 form? | Vendor must submit to the agency a completed and signed form with the certificate of filing number and date. The Contract Developer then acknowledges the form at the Texas Ethics Commission website. |
| What Office investigates allegations of fraud, waste, or abuse? *(All agencies have an obligation to report fraud, waste, or abuse.)* | The State Auditor's Office |
| What are some examples of offenses that would be investigated if fraud, waste, or abuse is alleged/reported? | theft, forgery, tampering with a governmental record, securing execution of document by deception, misapplication of fiduciary property, conversion of funds, bribery, abuse of official capacity, gift to a public servant...etc. |
| When is Agency-Initiated Vendor Communication allowed? | prior to contract award |
| What steps of the solicitation process allow Agency-Initiated Vendor Communication? | Fact Gathering, Drafting the Solicitation, After the Solicitation is Posted, and Evaluation and Negotiation |
| Why would an Agency Initiate Vendor Communication for the purpose of Fact Gathering? | - to research and gather applicable facts - communication with the vendor community is crucial - may issue a Request for Information (RFI) |
| Why would an Agency Initiate Vendor Communication while Drafting the Solicitation? | An agency may communicate with vendors for the limited purpose of clarifying questions that arise during the drafting process. |
| Why would an Agency Initiate Vendor Communication After the Solicitation is Posted? | - if there is a pre-bid conference option - if there is a written questions and answers (Q&A) period, where the agency benefits from vendors' input to make any necessary corrections to the solicitation through the addendum process |
| Why would an Agency Initiate Vendor Communication during Evaluation and Negotiation? | - for clarification of respondents' ability to meet requirements - negotiations between agency and vendor - exchange of information as necessary to facilitate a contract award |
| When is Vendor-Initiated Vendor Communication allowed? | If the communication is in writing or in person, to introduce a product, service, or other innovative idea that is not in response to a solicitation. |
| What are the steps of the Procurement Cycle? | Procurement Planning, Procurement Method Determination, Vendor Selection, Contract Formation & Award, Contract Management |
| What is Contract Value? | - the estimated dollar value that an agency may be obligated to pay - the initial value of the contract, plus all associated renewals, extensions, and amendment, for the contract's full existence |
| A contract with an initial value of $5 million, with three (3) optional, annual renewals of $1.5 million each. What is the contract value? | $9.5 million |
| A contract with an initial value of $200,000, with two (2) optional, annual renewals of the same amount. What is the contract value? | $600,000 |
| What are some parts of Procurement Planning? | Needs Assessment, Cost Estimate, Acquisition Plan, Procurement File Checklist |
| How do we conduct Needs Assessment? | Market Research, Historical Spend Analysis, Benchmarking, Request for Information (RFI) |
| What does Market Research help us find out? | Size of vendor pool, pricing, industry standards, and market trends |
| What is Historical Spend Analysis? | Studying agency purchasing data |
| What is Benchmarking? | the comparison with other entities or an established industry standard where the objective is to obtain a "measure" to identify opportunities for improvement |
| What is a Request for Information (RFI)? | a formal research method used to gather information directly from the industry; NOT a procurement method |
| What can we use to determine the Cost Estimate? | vendor's advertised price list, online search, standardized estimation methods, historical spend analysis, and Informal Budget Quotes (not a formal solicitation) |
| What is the purpose of the Acquisition Plan? | It can serve to bridge the gap between Contract Developers and Contract Managers. Document the solicitation process, assign roles and responsibilities, create a calendar of events, and identify high risk items. |
| Who begins the process of Procurement Method Determination? | SPD is charged with the responsibility of establishing and overseeing statewide contracts for non-IT goods and services for use by state agencies. |
| Define Purchases of Goods | supplies, materials, equipment |
| Define Purchases of Services | furnishing skilled or unskilled labor or professional work |
| Why is it so important to select the proper procurement method? | Selecting the correct procurement method results in best value to the State; Selecting the incorrect method may result in a void contract that must be re-solicited. |
| How do we determine the Best Value for the State? | Purchase price and meeting specifications are principal factors. Other factors could include installation cost, quality and reliability, vendor's experience, past performance, financial resources, capability, and responsibility. |
| What are Prohibited Uses of Appropriated Funds? | Agencies may not use appropriated funds for alcohol, an audit of financial records or accounts of the agency, live or artificial plants, private facilities for meetings, conferences, or exams, etc. (unless there is a statutorily authorized exemption). |
| What are the Purchasing Process Steps? | State & Federal Surplus, Set-Aside Programs - TCI & Workquest, SPD Term Contracts, TXMAS Contracts, SPD Delegation by Rule, SPD Review & Delegation Process |
| What does the Federal Surplus Property Program provide? | - property comes from US government agencies across US - available only to select organizations - no public sales - wider variety of property available, usually lower fees than the other program |
| What does the State Surplus Property Program provide? | - property comes from State agencies and airports in Texas - available for direct transfer from holding agency to state agencies - eventually available for sale to the general public |
| Who operates the State and Federal Surplus Property Programs? | The Texas Facilities Commission (TFC) |
| What kind of Statewide Contracts for non-IT goods and services can you find on Texas SmartBuy's Online Ordering System? | Competitively bid and awarded state contracts, such as Set-Aside (TCI & WorkQuest), term contracts, managed contracts, and TXMAS contracts |
| What is Texas Correctional Industries (TCI)? | A division of TDCJ that manufactures goods and services using primarily offender labor for purchase by Texas governmental entities (found on Texas SmartBuy) |
| What factors would lead you to file a TCI Waiver Request? | price, not able to meet delivery date, precise specifications |
| What is the Texas Workforce Commission (TWC) responsible for? | Oversees the Texas Purchasing from People with Disabilities Program (TPPD), usually referred to as the State Use Program |
| Competitive bidding is not required for purchases from what Set-Aside Program? | WorkQuest |
| What are the State Use Program Exceptions? | Agencies are not required to purchase products and services under the following circumstances: Quality, Quantity, Life Cycle Costs, and Delivery Time. PRICE IS NOT AN EXCEPTION. |
| What are agencies required to submit if they are not purchasing from WorkQuest? | a monthly report to SPD (also known as State Use Program Exception Reporting) |
| When would you start looking into SPD Term Contracts? | After determining that a need cannot be fulfilled through Surplus or the Set-Aside programs |
| What do SPD Term Contracts offer? | Goods and services used in large quantities by several agencies |
| What do SPD Managed Term Contracts require? | a quote, and then the PO is issued directly to the vendor |
| When would you start looking into Texas Multiple Award Schedule (TXMAS) contracts? | After determining that a need cannot be fulfilled through Surplus, the Set-Aside Programs and SPD Statewide Term Contracts |
| What does the TXMAS program do? | adapts existing government contracts to the laws of the state of Texas to service the procurement needs of state agencies and Texas SmartBuy members |
| Why are negotiations permitted for TXMAS contracts? | the price listed is the maximum price allowable |
| Where do you put in orders for TXMAS? | Texas SmartBuy, unless Offline Sales are permitted |
| What is the TXMAS Threshold for $0.00-$50,000? | Directly award a PO to a chosen vendor (without submitting a price request to other contractors in the same category) |
| What is the TXMAS Threshold for over $50,000? | SPD recommends obtaining a price quote from (at least) 3 vendors in the proper category |
| What threshold requires a Notice of Award to be posted to the Electronic State Business Daily (ESBD)? | Purchases over $25,000 |
| Who has Statewide Procurement Authority over Automated Information Systems (AIS)? | The Department of Information Resources (DIR) |
| Define Purchasing Authority | the ability of an agency to purchase goods and services on the open market using state funds |
| Define Delegation of Purchasing Authority | assigning purchasing authority to an agency |
| Some agencies already have purchasing authority given by statute of rule for certain procurements. Delegation of purchasing authority can also be what? | - provided by SPD Delegation by rule - Obtained through the SPD Review and Delegation Process |
| What types of purchases are delegated by SPD by Rule? | - Purchases of $10,000 or less - One-Time Purchase of Goods of $50,000 or less (Goods refer to supplies, materials, and equipment) - Purchases of Services of $100,000 or less |
| What are purchases of $10,000 or less called? | "Spot" Purchases *Dividing purchases to avoid competitive bidding is explicitly prohibited* |
| What are some examples of purchases that are delegated by SPD by Rule? | Direct publications, professional memberships, perishable goods purchases, distributor purchases, fuel, oil, and grease purchases, internal repair purchases, and emergency purchases |
| Who begins the SPD Review and Delegation Process? | The ordering agency initiates the process by submitting a delegation request to SPD. |
| How do we request Delegation to SPD for Goods over $50,000? | Open Market Requisition (OMR) Email |
| How do we request Delegation to SPD for Services over $100,000? | Procurement Oversight and Delegation (POD) Portal |
| What are procurements made under SPD's delegation authority subject to? | ESBD posting requirements, as well as requirements applicable to CAT and QAT reviews |
| When must a letter of delegation from SPD be received? | Prior to posting the solicitation on the ESBD |
| What must the procurement file include? | The letter of delegation from SPD and proof of ESBD posting |
| What are the Procurement Methods? | Informal Bidding, Invitation for Bids (IFB), Request for Proposals (RFP), Request for Offers (RFO), and Request for Qualifications (RFQ) |
| What is Informal Bidding? | - For Purchases $25k or less - Requirements are clearly defined - Must solicit at least 3 vendors on the CMBL, 2 of which must be certified HUB vendors; within the NIGP Class/Item code and in the agency geographic region |
| Are negotiations allowed in Informal Bidding? | They are not allowed, unless there is only one qualified bidder. |
| What is an Invitation for Bids (IFB)? | - For Purchases over $25k - Formal written competitive sealed bid method - Must be posted on the ESBD - All eligible vendors on the CMBL must be solicited |
| When would you use an Invitation for Bid? | - for goods when specifications can be clearly defined - Purchase price and whether the goods or services meet specifications are principal considerations that must be balanced with other relevant factors |
| What is a Request for Proposals (RFP)? | - Purchases made through competitive sealed proposals - Requirements cannot be described by detailed specifications - the vendor is expected to provide innovative ideas - negotiations are allowed and encouraged |
| What is a Request for Offers (RFO)? | - the designated procurement method for Automated Information Systems (AIS) - Agency has obtained an exemption from DIR or approval from LBB - will include IT-specific components such as cybersecurity and cloud services requirements |
| Are negotiations allowed in Requests for Offers? | Negotiations are allowed and encouraged |
| What is a Request for Qualifications (RFQ)? | - generally used for Professional Services Contracts - award based solely on the qualifications and skills of the respondents - price is not a factor until after vendor selection - price negotiated after preferred respondent selection |
| What is a Request for Applications (RFA)? | - used to invite grant applications, in which the agency is the grantor - not a procurement method to be used to purchase goods or services - the grants are tied to designated funds and for a specific purpose |
| This method is recommended for procuring non-IT goods and services when factors other than price are to be considered, negotiations are desired, and it is required that the vendor provides innovative ideas to the agency. | Request for Proposals |
| You are tasked with procuring 500 blue, high-quality porcelain coffee mugs. The mugs must be 8-10 oz. in volume, dishwasher/microwave-safe. Which procurement method would work best? | Invitation for Bids |
| Which procurement method would be used to procure the services of the most highly skilled architect available to design a new building? | Request for Qualifications |
| What is the suggested lead time for Procurements? | 180 days from decision to purchase to contract award |
| Who should be present for a Kick-Off Meeting with Key Stakeholders? | Contract Developer, End-User, Subject Matter Expert(s) (SMEs), Contract Manager, Legal Personnel, IT Representative (if applicable) |
| How should a Contract Developer prepare for a Kick-Off Meeting? | - must be familiar with the procurement requirements and agency needs - must be knowledgeable of the applicable industry standards, statutory requirements, and procurement practices |
| Which Interagency Oversight Team is responsible for reviewing and making recommendations on solicitations with an estimated value of at least $5 million? | Contract Advisory Team (CAT) |
| What is the CAT review process? | - solicitations must be submitted through the POD portal - reviews may take up to 30 days to complete - once recommendations are received, agencies must comply with the recommendations or provide explanation why the recommendations are not applicable |
| Which Interagency Oversight Team is responsible for overseeing Major Information Resources Projects (MIRPs) and associated contracts? (IT Contracts only) | Quality Assurance Team (QAT) |
| What does QAT review? | Project plans, Procurement plan/Acquisition Plan ( > $10 million), Proposed contract terms ( > $10 million), Partially executed contracts ( > $10 million) - reviews may take up to 30 days to complete |
| What are the steps of the Solicitation Process? | Preparation (Drafting), Review & Approval, Advertising, Communication with Respondents, and Receipt and Control of Responses |
| Where do we advertise solicitations and notices of award valued over $25,000? | on the ESBD; this helps increase competition, reduces costs to the state, and provides transparency |
| What is the minimum posting time for advertisement for an entire solicitation package (including all parts, exhibits, and attachments) to the ESBD? | 14 calendar days |
| What is the minimum posting time for advertisement if you are not posting the entire solicitation package to the ESBD? | 21 calendar days |
| How long does SPD recommend advertising a solicitation? | for 30 days or longer |
| What is the CMBL's Threshold for Procurements/Contract Values over $10,000-$25,000? | Agencies must solicit from a minimum of three (3) active vendors on the CMBL including two Texas-certified HUBs. |
| What is the CMBL's Threshold for Procurements/Contract Values over $25,000? | Agency must use the CMBL to solicit from each eligible vendor on the list that serves the agency's geographical region. |
| What should the Internal Calendar of Events include? | - dates of activities or events (pre-solicitation and post-solicitation) - due dates included in the solicitation calendar of events |
| What should the solicitation calendar of events (external) include? | important dates for the vendor community to know |
| What is the Agency Communication Protocol when Drafting Solicitations? | - Agencies should have an established primary and secondary designated points of contact and identify the acceptable forms of communication. - Solicitations must provide vendors with instructions on when/how vendors can communicate with the secondary POC |
| What are some examples of Minimum Vendor Qualifications? | These must be met for the vendor's response to be eligible for consideration: - technical skill, certification, or licensing requirements - years of experience - worked on projects of similar size and scope - financial capability to perform |
| What is a Deliverable? | A measurable task or outcome (product or service, ex. a status report, performance or financial report, a time sheet) |
| What are Milestones? | Key dates within a project, can be used as a tool to measure progress (product or service, ex. a specific % of work completed) |
| What does a Scope of Work usually include? | a description of the products and services to be provided by the awarding vendor, business requirements per the needs assessment, vendor and agency responsibilities, deliverables and milestones, performance acceptance criteria, communication protocol |
| What are Specifications? | a description of the products and services to be provided by the awarding vendor - if a vendor is paid to write these, that vendor may not bid on the solicitation or be awarded the contract |
| What are Descriptive Specifications? | must provide principal physical, functional, or other characteristics that are essential to the minimum business needs |
| What should Descriptive Specifications NOT include? | - reference brand or equal: should NOT include minimum or maximum restrictive dimensions, weights, or other characteristics that are unique to one brand name or would eliminate competition of other products |
| What are Restrictive Specifications? | -potential to limit competition - may inadvertently customize a product or service - if an agency requires a non-standard product, it will reduce the vendor pool and the cost will increase due to customization - may result in proprietary procurements |
| What are Proprietary Purchases? | a purchase where the specifications or conditions of the proposed purchase are proprietary to one manufacturer and do not permit an equivalent product or service to be supplied |
| What is a Sole Source Proprietary Purchase? | product or service is only available for purchase through a single vendor |
| What is a Competitive Proprietary Purchase? | product or service is available for purchase through more than one vendor |
| What is the Evaluation Criteria for Award? | The primary objective for every acquisition is to obtain best value for the State. - must reflect the essential qualities or performance requirements necessary to achieve the objectives of the contract |
| What are some examples of Evaluation factors? | respondent qualifications, respondent experience, financial capability |
| What are Payment and Pricing Terms based on? | - the pricing structure should be based on careful industry-specific research - these terms must be included in the solicitation with clear contractual parameters for how those costs will be paid for or reimbursed |
| What are some examples of Payment and Pricing Terms? | Reimbursement Methodologies, Early Payment, Invoice Requirements, State and Federal Taxes |
| What are some additional considerations when Drafting a Solicitation? | Conflict of Interest disclosures, criminal background investigations, intellectual property/copyright issues, required permits, records retention period, use of agency equipment |
| What does an agency require from its respondents when a contract is valued at $100,000 or more? | a HUB Subcontracting Plan (HSP) |
| Define Contract Term | - all contracts must have a start and an end date - a definite period of time that the contract will remain in effect - it's recommended that the maximum duration for a contract without reissuing a competitive solicitation is 4-5 years |
| What are the types of Contract Terminations? | Mutual Agreement, Convenience, Cause, Non-Appropriation |
| Define Termination by Mutual Agreement | both parties consent to the termination of the contract before the expiration date |
| Define Termination for Convenience | allows a party to terminate any contract at any time, known as no-fault termination |
| Define Termination for Cause | a party has failed to perform - Cure Notices - a "threat"/ultimatum made by the contractor and given to the vendor - Corrective Action Plan - written by vendor (both of these actions happen before termination) |
| Define Termination for Non-Appropriation | required if the contract term will cross a fiscal year |
| What does the Department of Information Resources (DIR) do? | coordinates and supports the Automated Information Systems (AIS) needs of the State |
| What are the Vendor Response Submission Requirements that a solicitation must include? | Due date and time, delivery address, acceptable delivery method, and format of the response |
| Why are Terms and Conditions so important? | When these are clearly stated, they protect the agency from unintended risk. |
| What terms (tailored to the specific procurement) should be included in a solicitation? | Change Control, Risk Mitigation Measures, Remedies |
| Define Contract Change Control | It is best practice for an agency to designate a process in the solicitation used to manage changes to scope, schedule and pricing. It should describe communication protocol and documentation required to make agreed changes. |
| Change during the contract term may be managed in which ways? | Purchase Order Change Notice (POCN) for non-complex procurements and Signed contract amendments for more complex procurements |
| For more complex procurements, what is the Contract Change Control Process? | - Formal routing procedure - Minimum review periods - Named individuals with approval authority - Other change control processes may be documented as plans |
| Why is it important to follow the Contract Change Control Process? | a well-defined change control process allows work to continue while the parties investigate proposed changes to the contract |
| What is Price Adjustment Based on an Index? | - solicitation must include the standard for defining the formula for pricing (ex. the Consumer Price Index (CPI) or Producer Price Index (PPI)) - solicitation must specify frequency of price adjustment |
| Why is it important to include Price Adjustment Based on an Index in your Terms and Conditions? | may be used to account for inflation without the necessity to re-solicit |
| What are some Risk Mitigation Measures? | Financial Capability, Insurance, Surety Bonds, Warranties, Extended Warranty; Maintenance Agreement, Limitations of Liability Clauses (LOL) |
| What is the importance of Insurance? | - coverage should be sufficient to cover all claims against the contractor as well as any costs the agency might incur - best practice is the solicitation specifies that all policies must be obtained from companies licensed in TX with at least an A- |
| What are some common Insurance policies? | Commercial General Liability, Professional Liability, Workers' Compensation, Automobile |
| What are Liquidated Damages (Remedies)? | - the vendor will focus on the deliverables that have been identified as most important to the agency - useful when damages are difficult to calculate - a pre-determined amount for each hour/day/week of lapse in performance - not a penalty to vendor |
| What are Compensatory Damages (Remedies)? | - the monetary amount necessary to compensate the injured party for the loss - a vendor can compensate the agency using discounts, credits, waiver of fees or refunds |
| What is a pre-bid conference? | this occurs AFTER the solicitation is posted and before the solicitation closing deadline (higher value/complex solicitations require site visits) |
| Why are pre-bid conferences useful? | They allow potential respondents to ask questions and get clarification about the solicitation in either face-to-face, conference call, or web conference settings. They also provide opportunities for vendors to develop subcontracting relationships. |
| What is the Question and Answer (Q&A) Period? | Solicitations should include a formal process for potential respondents to submit questions to the agency to clarify their understanding of the solicitation; must specify due dates for questions to be submitted and a date for the agency to publish answers |
| How should the vendor questions be addressed? | They are compiled, accounted for (even if they are similar) and redacted for vendor anonymity. Questions are not edited for spelling or grammatical errors and the Agency publishes the answers to the ESBD. |
| For the Receipt and Control of Responses, when must solicitation responses be received? | on or before the due date and time established in the solicitation (late responses will not be opened, are not considered timely) |
| If a vendor wishes to submit a Withdrawal of response, what is necessary? | it must be made in writing on company letterhead |
| Who is responsible for posting a Cancellation of solicitation? | an agency may cancel a solicitation at any time and provide notice to the ESBD |
| How can a contractor provide a Receipt and Control of Responses for solicitations over $25k? | Public opening option |
| When should vendor responses be opened? | responses should not be opened until after the due date and time has passed |
| What does the administrative review process include at a minimum? | Responses are opened and recorded; the contract developer should have a specific folder where all the responses are located, only responses that are "responsive" are evaluated, examination of each response for minimum vendor qualifications (Pass/Fail)... |
| What is a responsive response? | timely submitted, signed by the vendor, complete (all forms submitted) |
| What happens if only one qualified vendor response is received? | the agency may investigate and assess if it would be best to re-solicit |
| What happens if a response received is not signed? | it is disqualified and not evaluated |
| What is the best use of the Bid Tabulation Process? | when responses are evaluated solely on an objective criteria (mostly used for IFBs) |
| What is the best practice for the Bid Tabulation Process? | it should be reviewed by a second Contract Developer prior to finalization of the process |
| What is the recommendation for the Bid Tabulation Process? | responses are prepared within three (3) (business) days from the bid due date |
| What is the bid tabulation subject to after contract award? | Open Records |
| How does the Evaluation Committee Process begin? | The CTCD is usually the committee chair, they may participate as either a scoring or non-scoring member of the committee. |
| When should the selection of Committee members occur? | prior to receipt of responses |
| What is the recommended size of an evaluation committee? | 3-5 scoring members |
| Who composes the evaluation committee? | Subject matter experts and stakeholders who have diverse relevant expertise and knowledge |
| Why is being on an evaluation committee a significant time commitment? | Members should be able to attend committee meetings, oral presentations, and respondents site visits. |
| When must members of the evaluation committee sign Non-Disclosure Agreement and Conflict of Interest Disclosure forms? | before the receipt of responses |
| Why must all scoring and non-scoring members be noted in the procurement file? | - Members may have been involved in the procurement planning activities. - The Contract Manager may participate as either a scoring or non-scoring member. |
| What must the CTCD provide training to the Committee Members on? | - procurement guidance on the evaluation process - guidance on best value standards and the evaluation criteria |
| What must the evaluation committee members be provided with? | - the entire solicitation (including addenda and Q&A documents) - list of vendor submitted responses - copy of each responsive response and the administrative review clearly marked according to agency procedures |
| What are the committee members' responsibilities? | they must fully understand the solicitation and should be able to critically evaluate the responses and document decisions in a clear and concise manner |
| What rules must evaluation committee members follow? | - members must stay within the 4 corners of the page (no independent research) - each member's evaluation must be based solely on their personal review of the response - discussions of the responses must only occur when all scoring members are present |
| How do committee members record their individual scores for each response? | - on a scoring matrix, all evaluations are subject to Open Records - any vendor can ask for all the records to see why they did not get chosen; the electronic file will have to be maintained with all the appropriate information |
| The evaluation committee may determine that clarification of a response is necessary prior to scoring. How is this addressed? | The CTCD/legal will contact the respondent and distribute to the committee the written clarifications received. |
| What must the respondent's clarifications include? | - must be in writing and signed by an authorized representative - may only be used to understand the information provided in the response - these are not negotiations |
| If required by the solicitation, respondents may submit customer references with their response. How must the CTCD conduct reference checks? | - the same script or format of questions must be used so results are consistent and fair to all respondents - an agency should not request submission of customer references that the agency does not intend to verify |
| When must agencies use the Vendor Performance Tracking System (VPTS) during Vendor Selection? | - they are required to use this to determine whether to award a contract to a vendor reviewed - Contract Managers are required to post reports on contracts that are greater than $25,000 |
| Who claims Preferences on the solicitation form? | - these must be claimed by the vendor by marking the appropriate preference on the form - Reciprocal Preference Law - Resolving Bid Ties |
| How do we resolve Bid Ties? | Pulling from a hat, flipping a coin |
| In what stage of the Procurement Cycle do we negotiate? | 4) Contract Formation & Award |
| When are negotiations permitted? | Request for Proposals (RFPs), Request for Offers (RFOs), under DIR cooperative contracts, consulting services, professional services, TXMAS purchases, sole source and competitive proprietary purchases, State Use Program (services only), Emergency purchase |
| When are negotiations not permitted? | Under Invitation for Bid (IFB) procurement method (except when only one qualified bid is received) |
| What are the best practices for negotiation? | Agency should select employees with effective negotiation, communication skills; members should be chosen, or excluded, based on leadership style, negotiation skills, subject matter expertise |
| How do we decide the Negotiation strategy? | should be tailored to suit the particular facts and circumstances of each procurement |
| What are the three improper Negotiation activities? | Technical Leveling, Technical Transfusion, Prohibited Auctioneering |
| Define Technical Leveling | helping a respondent during negotiations to bring its response up to the level of another respondent |
| Define Technical Transfusion | prohibited by statute; it is the disclosure of technical information or approaches by one respondent to other competitors in the course of discussion |
| Define Prohibited Auctioneering | disclosure of competing respondent's cost/prices; advising a respondent of its price standing relative to other respondents |
| What are the aspects of Performance-Focused Negotiations? | - both parties are willing to compromise; the goal: focus on performance results, mutually beneficial, a win-win situation - if the procurement objectives are changed through the negotiation process, an un-level playing field occurs. Seek legal counsel. |
| What is the importance of proper Contract Formation? | A written contract documents the terms of an agreement to prevent misunderstandings or conflict and creates a legal, binding, and enforceable obligation. |
| What are the Legal Elements of a Contract? | Offer, Acceptance, Legal Purpose, Consideration, Certainty of Subject Matter, Competent Parties |
| Define Offer | the manifestation of the willingness to enter into a bargain so made as to justify another person in understanding that his assent to the bargain is invited and will conclude it |
| Define Acceptance | a manifestation of assent to the terms thereof made by the offeree in a manner invited or required by the offer; this must not change the terms of an offer |
| Define Legal Purpose | the objective of the contract; a contract for which the agency does not have statutory authority may be considered void |
| Define Consideration | this is present when each party receives something under the contract; the same concept can be described as "mutuality of obligation," which refers to the idea that both parties make binding promises under the contract |
| Define Certainty of Subject Matter | To be enforceable, the parties must have agreed on the essential terms of the contract. A contract is legally binding only if the essential terms are sufficiently defined to enable a court to understand the parties' obligations. |
| Define Competent Parties | parties to a contract must be competent and authorized to enter into a contract |
| What are the Vendor Compliance Verifications? | Debarment Check; Federal Database Check (previously SAM check); Iran, Sudan, and Foreign Terrorist Organization Check; Boycott Israel Check; Energy Company Boycott Check; Warrant/Payment Hold; Franchise Tax Check |
| Prior to awarding a contract, what must the Agency Procurement Director or designee do? | must review contents of the contract file or the contract, including the checklist and certified in a written document that all documents required by state law or applicable agency rules are complete, and present in the file |
| What are the Contract Notifications that an agency may be required to provide? | - ESBD: Notification of award must be posted within 2 business days - MIRP: Notification of award to QAT within 10 days of award |
| What must agencies post for contracts not posted to the LBB contracts database? | agencies must post information about each private vendor contact to the agency website |
| What is the LBB? | Legislative Budget Board (all contracts valued over $50,000 must be posted to this database) |
| What is the LBB Reporting Requirement for All Contract Types valued greater than $50,000? | deadline is within 30 days of award or modification |
| What is the LBB Reporting Requirement for Non-Competitive/Sole Source Purchases and Emergency Purchases valued greater than $1 million? | - due within 15 days of contract award - due within 5 days of contract award (Emergency) |
| What is the LBB Reporting Requirement for All Contract Types valued greater than $10 million? | within 15 days of contract award |
| What are Debriefings? | A Contract Developer, per agency procedures, may conduct this meeting at the request of an unsuccessful vendor. These meetings are limited to a discussion of the vendor's response - and not a comparison to other vendor responses. |
| Define Protest of Award | Agencies must adopt rules that provide an unsuccessful vendor the opportunity to protest procurement actions. |
Created by:
cameron.bittick
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