Texas Building and Procurement Commission Statewide Contracting Program. TBPC Brown Bag Presentation Texas State Government Contract Management 101 Presented by Adrian Pineda and Sergio Upton May 9, 2007. Contract Planning Contract Procurement Statewide Contracting Processes
Texas Building and Procurement CommissionStatewide Contracting Program
TBPC Brown Bag Presentation
Texas State Government
Contract Management 101
Presented by Adrian Pineda
and Sergio Upton
May 9, 2007
Statewide Contracting Processes
Five Core Processes:
Plan – Identify contracting objectives and contracting strategy
Procurement – Fairly and objectively select the most qualified contractors
Rate/Price Establishment – Establish processes that are cost-effective and aligned with the cost of providing the goods and services.
Contract Formation – Ensure the contract contains provisions that hold the contractor accountable for producing desired results.
Contract Oversight – Monitor and enforce the terms of the contract.
Needs Assessment (on-going)
Communications Plan (Inter-disciplinary)
Cost Estimates (Relevant by industry)
Establishes a clear definition of the contracting objectives and purpose to be accomplished by the contract.
Identifies existing statutory requirements, agency rules, policies and business processes
The following questions aid the assessment:
What does your agency specifically need?
What will fulfilling this need do for the agency?
How will your agency know when the need has been met?
Manages and controls internal and external communication through:
Identifying the stakeholders
Determines the type, content and frequency of reporting
Choosing the appropriate procurement method (i.e. IFB, RFI, RFO, RFP, RFQ)
Estimated cost will provide an idea of the range of commodities/services that can be procured
Estimates can be attained through internal subject matter experts or obtaining pricing from vendors
Care should be taken to avoid giving potential bidders a competitive advantage
Defined as the combination of the probability of an event and its consequences.
Provides foundation for critical contracting components in later phases
Proper risk management can increase likelihood of project success, mitigate chance of project failure and clarify organization objectives of the project
Develop and implement a process by which to continually identify and re-evaluate risks.
Quantify and analyze the likelihood of potential impact of identified risks
Limit, lessen, or abolish risks
Background and Introduction
Statement of Work (SOW)
Vendor Qualifications/Financial Background / References
Independent Quality Assurance Program
Most Recent Terms and Conditions
HUB Requirements / Good Faith Effort / HSP
Execution of Offer
Some External Major Contract Requirements:
Quality Assurance Team (QAT)
Texas Project Delivery Framework
Contract Advisory Team (CAT) Reviews
CAT Enabling Legislation: As mandated by the Texas Government Code 2262.101 in subchapter C, The Contract Advisory Team is created to assist state agencies in improving contract management practices by reviewing the solicitation of major contracts by state agencies.
Major contracts are defined as any contract that has an estimated value of at least $1,000,000.
State agencies are required to submit major contract solicitations to the CAT team for review through CATRAD. The CAT has 30 days upon receipt of solicitation to review the initiating agency's major contract.
Delegation Requests: For purchases of services estimated to cost more than $100,000, agencies must submit solicitations to TBPC for review and delegation. Texas Government Code 2156.121.
TBPC has 14 days upon receipt of solicitation to review the initiating agency's request for delegation.
Central Master Bidder’s List (CMBL) notifies interested vendors of business opportunities
Posting on Electronic State Business Daily (ESBD) for solicitations over $25K
Interviews and Oral Presentations
Major Contract Reporting requirement for contracts over $5M
Professional and Consultant Services/Construction Contracts to LBB
Vendor Performance Tracking System
Monitoring Contractor Performance
Types of Contract Reviews/Audits
Contract Extension and Renewal
The CATRAD application provides agencies with the ability to submit and track online progress of their major contract solicitation requests and delegation requests.
Access is administered by designated agency “Superusers”.
Agency solicitations and other related documents are uploaded into the CATRAD system by end-user.
DIR is electronically notified of solicitations containing a technology component.
The submission of the Major Contract Questionnaire (MCQ) is no longer a requirement for CAT reviews.
Users can provide a preferred response date for the review to facilitate expedited schedules
New administrative functions including automated assignment of reviews, system generated responses and customized reporting
Increased visibility of solicitation and delegation requests to designated TBPC Procurement Division staff and CAT Team members