SOLUTIONS RATED A+
✔✔Under common law, parties are only liable for damages that are reasonably
foreseeable at the time of contracting. - ✔✔True
✔✔_ provide protection to an agency if there is a contract breach. - ✔✔Remedies
✔✔Examples of remedies: - ✔✔-Liquidated damages-used when compensatory
damages are difficult to calculate
-Compensatory damages- when you can tie a dollar value to damage
-Expectation damages
- Reliance damages
-Consequential damages
-Restitution damages-value to the defendant
-Equitable remedies-injunctions
-Punitive damages-breach of contract cases where the sole point is to punish
wrongdoer
-nominal damages-used when injured party has not suffered a financial loss, but wants
to show they were right.
✔✔Examples of compensatory damages - ✔✔-Discounts
-Credits
-Refunds
-Waiver of fees
✔✔What are the two most important considerations when goods and services are
procured through competitive bidding? - ✔✔Purchase price and evidence that goods or
services meet the specifications
✔✔When evaluating bids, the agency shall consider the following best value factors: -
✔✔-price of items
-compliance
-delivery timeframe
-indicators of probable performance
-other relevant factors
✔✔When evaluating proposals, what factors are considered when determining best
value factors: - ✔✔-quality, availability and adaptability of supplies, materials,
equipment, or contractual services to the particular use required
-ability, capacity, and skill of respondent
-whether the respondent can perform the contract or provide the service promptly, or
within the time required, without delay or interferance
, ✔✔What is the scoring method formula? - ✔✔Price Score= (lowest price/price of
response being evaluated) X maximum No. of available points
✔✔Threshold at which CAT review is required - ✔✔$5 Million or greater
✔✔Contract Value means - ✔✔estimated dollar amount that an agency may be
obligated to pay over the life of the contract including all executed and proposed
amendments, extensions and renewals.
✔✔Where do agency's submit their solicitation documents and a completed form for
CAT review to? - ✔✔POD (procurement oversight and delegation portal)
✔✔Who is not subject to a CAT review? - ✔✔RFAs based solely on federal funding
✔✔CAT reviews take up to how many days? - ✔✔30 days
✔✔If the initial solicitation documents submitted for CAT review change substantially,
the agency is required to resubmit to solicitation documents for additional CAT review. -
✔✔True
✔✔Changes to the solicitation documents for a major contract are considered
substantial when - ✔✔-the solicitation change causes the estimated value for the
original term or the contract, not including renewal periods, to increase by 25 percent or
more; or
- there are significant revisions, deletions and/or additions to specifications, scope of
work, set(s) of deliverables, performance measures, payment methodology, or other
elements of solicitation
✔✔QAT (quality assurance team) - ✔✔review of major information resource projects
✔✔At what threshold is an agency subject to QAT oversight? - ✔✔$ 1Million
✔✔The Texas Register is maintained by _. - ✔✔The Secretary of State (SOS)
✔✔The Texas Register - ✔✔records agency rule makings, governor's appointments,
attorney general opinions, and requests for proposals
✔✔Solicitations using major consulting services contracts must be advertised where? -
✔✔The Texas Register
✔✔For purchases between 5,000 and 25,000 an agency must solicit from a minimum of
how many vendors? - ✔✔3, 2 of which have to be hubs