CTCM (SPD Exam Study Guide) UPDATED 2023

CTCM (SPD Exam Study Guide) UPDATED 2023 Procurement Roles Purchasing, contract development and contract management Purchasing Receipt and processing of requisitions, issuance of purchase orders against existing contracts, and verification of inspection of merchandise or receipt of services. Does NOT include development of solicitations or awards that must be posted to ESBD Contract Development Processing of requisitions, need assessments, development of specs, development of SOWs, selection of procurement methods, solicitation posting and bid evaluation, completion of award contracts. Does NOT include invoice or audit functions. Contract Management Following contract execution, includes assessment of risks, verification of contractor performance, enforcement of terms, monitoring and reporting vendor performance, ensuring practices are consistent with State of Texas Procurement and Management Guide. Contract Value The initial value of the contract, including anticipated extensions and renewals for the contract's full existence Statewide Procurement Division (SPD) The entity that delegates purchasing authority to state agencies for non-IT goods and services Purchasing Authority The ability of a state agency to purchase goods and services using state funds Delegation of Purchasing Authority Assigning purchasing authority to an agency Departments of Statewide Procurement Division (SPD) 1. Procurement Policy and Outreach 2. Historically Underutilized Business 3. Statewide Fleet, Travel and Mail 4. Statewide Contract Management 5. Statewide Contract Development Statewide Contract Management Assists with day-to-day contract management, contract administration, reporting requirements, vendor performance issues Statewide Contract Development Develops and administers over 250 statewide contracts representing several thousand products and services, develops term and managed and TXMAS contracts, processes open market requisitions on behalf of agencies and Texas SmartBuy members Statewide Fleet, Travel and Mail 1. Office of Vehicle and Fleet Management 2. Statewide Travel Management Program 3. Statewide Mail Operations Statewide Procurement Policy and Outreach 1. Training and policy development 2. Outreach and customer service for Texas SmartBuy, ESBD, CMBL, VPTS 3. Procurement Oversight and Delegation Portal (POD) Procurement Oversight and Delegation Portal (POD) 1. Conducts solicitation reviews and delegates purchasing authority for SERVICE solicitations valued at more than $100,000 2. Coordinates with Contract Advisory Team (CAT) on solicitations valued at $5 million or more Contract Advisory Team (CAT) 1. Review and make recommendations on solicitations with an estimated value of $5 million or more. 2. Interagency advisory team: Comptroller of Public Accounts (CPA); Department of Information Resources (DIR); Health and Human Services Commission (HHSC); Office of the Governor (OOG); Texas Facilities Commission (TFC); 3. Reviews findings and recommendations by the State Auditor Interagency advisory team: Comptroller of Public Accounts (CPA); Department of Information Resources (DIR); Health and Human Services Commission (HHSC); Office of the Governor (OOG); Texas Facilities Commission (TFC); Contract Advisory Team (CAT) Quality Assurance Team (QAT) 1. Interagency advisory team 2. Provides for MIRPs 3. Reviews contracts with a valur of $10 million or more that are part of a MIRP Major Information Resource Project (MIRP) An IT project that is identified by the legislature as one OR project with a value over $5 million and 1+ years to reach operational status. involves more than one state agency OR significantly alters the work methods of agency or delivery of services to clients HIstorically Underutilized Business Program (HUB) 1. Promotes full and equal business opportunities 2. Subcontracting opportunity for any procurement valued at $100,000 or more 3. A department within the SPD Texas SmartBuy 1. Set-aside (TCI & State USe) 2. Term contracts 3. Managed contracts 4. TXMAS contracts Electronic State Business Daily (ESBD) Solicitations over $25,000 are required to be posted Centralized Master Bidder's List (CMBL) Database used to develop list of vendors for bids on goods or services 1. Over $5,000-$25,000 three active CMBL members (2 of them HUB) must be solicited 2. Over $25,000 all eligible vendors on CMBL that serve the geographic region must be solicited Vendor Performance Tracking system (VPTS) Allows agencies to score vendors, track performance and provide information to contract developers VPTS reporting requirements 1. Within 30 days of completion or termination if contract value is over $25,000 2. Annually and at each established milestone if over $5 million (contract may not be extended until VPTS reports submitted) Agency Procurement Plan Submit annually to SPD by Nov 30th. Identifies management controls and purchasing oversight authority in accordance with Statewide guide Agency Contract Management Procedures Each agency must develop a purchasing accountability and risk analysis procedure and post to agency site, plus submit to SPD Agency Contract Management Handbook Each agency must develop a purchasing accountability and risk analysis procedure handbook that establishes consistent policies and practices Vendor Performance Tracking System (VPTS) A contractor's performance must be reported to this system once contract with a value of more than $25,000 is completed or terminated Texas SmartBuy The State's eProcurement system for non-IT goods and services Policy and Outreach (SPD) Conducts policy research, training, cerification and customer support services Historically Underutilized Business Program Provides opportunities to disadvantaged groups in an effort to remedy disparity in state procurment and contracting Electronic State Business Daily (ESBD) State's online directory used for posting solicitaions to inform vendors of bidding opportunities and provide public notice of contract awards Procurement Oversight and Delegation Portal (POD) Reviews solicitations and issues letter of delegation of purchasing authority for service contracts over $100,000 Centralized Master Bidder's List (CMBL) Online directory that provides public procurment professionals the ability to foster competition between vendors Agency Procurement Plans Must be submitted by Nov 30th annually and helps SBD with contract consolidation Statewide Contract Development Team Develops statewide term, managed, and TXMAS contracts that offer broad range of goods and services to state agencies Appearance of Impropriety Where someone creates a circumstance or situation that appears to raise questions of ethics Standards of Conduct 1. State employees should not accept gifts or other employment that could influence their work duties 2. Accept any benefit for exercising official duties in favor of another 3. Make personal investments that create a substantial conflict Substantial Interest in a Business Entity One of the following: 1. Has a controlling interest 2. Owns more than 10% of voting interest 3. Owns more than $25,000 of FMV 4. Is a member of BOD or other governing Board 5. Has a direct or indirect participating interest by shares or stocks, regardless of voting rights, in more than 10% of proceeds 6. Serves as an elected officer 7. Is an employee of the business entity Conflict of Interest (COI) 1. Must disclose all POTENTIAL conflicts 2. Avoid financial interest: Owns or controls at least 1% of business OR can reasonably foresee a contract could result in financial benefit to the employee Nepotism Business relationship with relative, either by consanguinity or affinity Consanguinity-Nepotism First degree: parents and children Second degree: Grandparents, grandchildren, siblings Third degree: Great-grandparents, great-grandchildren, nieces & nephews, aunts & uncles Affinity-Nepotism First degree: spouse, spouse's parents, children's spouses, step-children Second degree: Spouse's grandparents, grandchildren, spouse's siblings, siblings spouses Post Employment Restrictions 1. Two year restriction for state employee involved in contract award or management 2. State agencies may not enter into contract with former executive or their employer until 4 years after executive has left the agency Post Employment Restrictions These restrictions help reduce Conflicts of Interest and Appearance of Impropriety State Auditor' Office (SAO) Coordinates investigation with internal auditors and law enforcement to pursue criminal conduct in cases of theft, forgery, record tampering, document execution by deception, conversion of funds, misapplication of fiduciary property, abuse of official capacity, gift to a public servant, bribery Fraud, Waste, and Abuse Investigated by State Auditor' Office (SAO) Conflict of Interest Disclosure Form Agency specific, must disclose potential or real conflicts Non-Disclosure Form