CTCD- Texas 2023

CTCD- Texas 2023 Statewide Procurement Division SPD is the State's central authority for the procurement of non-IT goods and services. Primary functions include managing statewide contracts, exercising procurement authority delegation of specific purchases to individual agencies, and providing guidance on procurement practices which foster effective competition and ensure the quality and integrity of state purchases. Procurement Oversight and Delegation Portal (POD) Conducts solicitation reviews and delegates purchasing authority to state agencies for service solicitations valued OVER $100,000 Contract Advisory Team (CAT) Reviews and makes recommendations on the solicitations that have an estimated value of at least $5 million Reviews recommendations made by State Auditors Office (SAO) Quality Assurance Team (QAT) Reviews solicitations of a Major Information Resource Project (MIRP) Reviews: -partially executed contracts of MIRPS of $10 million or more -Contract amendments greater than 10% of the contract value Major Information Resource Project (MIRP) Identified as such by legislature OR Project valued at $5 million or more, -one year + to reach operational status, -involves more than one state agency, -significantly impacts work processes of agency (Ex. CAPPS FIN) Statewide Contract Development Team Develop Term, Managed, & TXMAS contracts Processes open market req's (OMR) for contracts for goods valued over $50K. Statewide Contract Management Team Managing Term, Managed, & TXMAS contracts. Contract administration Reporting Requirements Vendor performance issues Contract Value Value over entire life of the contract. Initial value plus any extensions. Agency Procurement Plan Identifies its management controls and purchasing oversight authority in accordance with the policy guidance contained in the Guide. Submit to SPD by Nov 30th. Needs Assessment Must contain sufficient detail to identify the key business requirements. As part of this, the agency may conduct market research, study historical spend, use benchmarking, and issue a Request for Information (RFI) to the vendor community. Market Research Is routinely used by public procurement professionals to obtain information relating to the size of the potential vendor pool, pricing, applicable industry standards, market trends, and determine if the item or service to be purchased is readily available in the commercial marketplace. Historical Spend Analysis Is a tool used to optimize an agency's buying power. By studying an agency's purchasing data, public procurement professionals seek, among other things, to identify cost savings, which may be available by consolidating purchases or diversity, and areas for improvement of administrative efficiencies. Benchmarking Is used by public procurement professionals to compare a particular item, service, or process with other entities or an established industry standard. Request for Information (RFI) a formal research method used by an agency to gather information directly from the industry about a particular type of product or service. Purchasing The receipt and processing of requisitions, development of specifications, development of statement of work, the issuance of purchase orders against existing statewide, cooperative or agency contracts, and the verification of the inspection of merchandise or receipt of services by the agency. Contract Development actions taken prior to contract execution, including the receipt and processing of requisitions, assessment of need, development and review of specifications, development and review of scopes of work, identification and selection of procurement methods, identification and preparation of evaluation criteria, preparation and advertising of solicitation documents, tabulation of respondent bids, evaluation of respondent proposals, negotiation of proposals, and the preparation and completion of contract award documents. Contract Management actions taken following contract execution, including the assessment of risk, verification of contractor performance, monitoring compliance with deliverable and reporting requirements, enforcement of contract terms, monitoring and reporting of vendor performance, and ensuring that contract performance and practices are consistent with applicable rules, laws and the State of Texas Procurement and Contract Management Guide Texas SmartBuy Online Ordering System Statewide contracts procured and managed by SPD must use a purchase order through this system. Contains: -Set-Aside (TCI & Workquest) -Term Contracts -Managed Contracts -TXMAS Contracts Centralized Master Bidder's List (CMBL) master database used by the State of Texas purchasing entities to develop a mailing list for vendors to receive bids based on the products or services they can provide to the state of Texas. $5K-$25K: Three active vendors, (2 HUB) Over $25K: All eligible vendors in geographic area (Ex. EL Paso) Acquisition Plan identifies the procurement team (including the Contract Developer, Contract Manager, and end user), the team's roles and responsibilities, the schedule of events, as well as the activities necessary to ensure that the contract requirements are satisfied, the goods and services are delivered in a timely manner, and the financial interests of the agency are protected. Procurement Methods - Declaration of Disaster by the Governor - State or Federal surplus property - State or Federal surplus property - Be completed using the TCI Program - Be completed using the State Use Program - Purchase for Automated Information Systems - Be be completed by contracting with another state agency or local government? -Be completed using SPD Term Contracts? -Be for printing services or equipment, or mail and messenger services? - Involve used equipment or supplies? -SPD Delegated Purchases, TXMAS Contracts, Contract by another agency, Fed Govt Purchases, or Interstate Agreements? -Goods valued at over $50,000 or services valued at over $100,000? Set-Aside Programs Prison made goods (TCI) -Waiver: Different specs, delivery time, price State Use Program (Workquest TIBH) - Exceptions: Quantity, Quality, Delivery time, Life Cycle Costs Informal Bidding Over $5000, but less than $25,000 3 CMBL vendors (2 HUB) NIGP Class/Item Code Invitation for Bid (IFB) Formal written sealed bid Specs clearly defined Negotiations not allowed unless one bidder Request for Proposal (RFP) Factors other than price Negotiations Allowed Requirements not described by detailed specs Vendor to provide innovative ideas. Request for Offer (RFO) Purchasing method for Automated Information Systems (AIS) Approval from DIR/LBB Negotiations Allowed IT specific requirements Request for Qualifications (RFQ) Professional services based on qualification and skills ESBD posting requirement and CAT review Price a factor after selection. Minimum Vendor Qualifications -Skill, certification, licensing -Experience -Production Facility -Similar projects -Financial Capability Request for Applications (RFA) Grant applications with grant tied to designated fund and specific purpose. Internal Calendar of Events Dates of activities or events External Calendar of Events Vendor deliverables and milestone dates. Due dates Scope of Work Description of products and services Tailored Agency business needs Set deliverables and milestones Specifications Performance based Design Based Mixed Specification Contract Termination Termination by Mutual Agreement Termination for Convenience Termination for Cause -Cure notices -Corrective Action Plan Termination for Non-Appropriation (funds run out) Open Market Requisition (OMR) Goods over $50K POD Services over $100K CAT Goods & Services $5M QAT $5M for MIRP CMBL Threshold $5K-$25K 3 CMBL vendors (2 HUB) CMBL Threshold Over $25K ALL eligible vendors in geographical location ESBD Advertisement Posting Times (Over $25K) 14 Days 21 Days if not complete Agency Communication with Vendors Pre-Bid conference Q&A period Solicitation Addenda Communication with agency personnel Vendor Selection Administrative Review of Responses Evaluation- Bid Tabulation Process Evaluation- Evaluation Committee Process Preferences Administrative Review of Responses Examination of each response Evaluation- Bid Tabulation Process IFB- Evaluated on objective critera Second contract developer Respond within 3 business days Evaluation- Evaluation Committee Process RFP, RF0, RFQ Subject matter experts Established before proposals are due Uses eval criteria and scoring matrix Negotiations permitted -RFP/RFO -Under DIR contracts -Consulting Services -Professional Services -Sole source and competitive proprietary purchases -Emergency purchases Negotiations not permitted IFB (unless sole source) Legal elements of a contract - offer - acceptance - legal purpose - certainty of subject matter - consideration - competent parties Contract and Amendment Notifications -ESBD Notice of award -QAT notification of award of MIRP -LBB Reporting -Agency Website Posting LBB Reporting Threshold Over $14K Within 10 days of award or modification -Construction -Professional Services -Consulting Services LBB Reporting Threshold Over $50K Within 30 days of contract execution or modification All Contracts LBB Reporting Threshold Over $100K Within 10 days of award or modification Major Information Systems LBB Reporting Threshold Over $1M Due prior to first payment, No later than 30 days after contract execution, (Emergency) 48 hours after first payment Non-competetive/ sole source Emergency LBB Reporting Threshold Over $10M Prior to first payment, No later than 30 days after contract execution All Contracts