Guide Questions with Verified Correct
Answers || Already Graded A+
<UPDATED VERSION>
Conflicts of Interest - ANSWER ✔ The possibility of influence by a personal or
financial interest, and the potential benefit to the employee is undefined.
First Degree (Consanguinity) - ANSWER ✔ Parent or Child
Second Degree (Consanguinity) - ANSWER ✔ Grandparent, grandchild, brother
or sister
Third Degree (Consanguinity) - ANSWER ✔ Great grandparent, great grandchild,
uncle or aunt, niece or nephew
Nepotism - ANSWER ✔ A form of conflict of interest that involves an explicit act
of using one's position to favor a relative. Form must be completed if contract is
$1M+.
Disclosure of Interested Parties (1295 Form) - ANSWER ✔ Monitors businesses
whose agency has entered into a contractual agreement. Businesses with a contract
of $1M in value are required to submit a what before entering into a contract?
Bribery - ANSWER ✔ An attempt to influence the decisions of a procurement
professional through enticement with a potential personal benefit.
Revolving Door Restrictions - ANSWER ✔ Imposes employment restrictions that
prohibit conduct that could potentially create conflicts of interest or even constitute
an "under the radar" bribe. They serve the purpose of limiting undue influence on
the outcomes of state contract awards.
, Vendor Communication - ANSWER ✔ It is important to avoid the appearance of
special favors when using public funds. All ________________ must cease once
the solicitation-drafting process commences.
Suspected Fraud, Waste, or Abuse - ANSWER ✔ All state agencies, colleges, and
universities are required to report these and must have facts. Misuse is should be
reported to State Auditors Office. (SAO)
Contract Administration Plan (CAP) - ANSWER ✔ Must be implemented early in
the solicitation process and ultimately provided to the contract manager during the
post-award kick-off meeting to ensure a smooth transition from the Contract
Developers to contract manager.
CAP Template - ANSWER ✔ Template should include: project name, project
award, completion date, justification of procurement method, deliverables,
requirements, and security.
Role of the contract administrator - ANSWER ✔ Oversees the contract
administration functions (post award)
How does the contract administrator oversee contract administration functions
after award? - ANSWER ✔ - relationship management
- implementing and monitoring vendor performance and assuring contractor
compliance
- approving payments
- managing contract changes
Non-disclosure statement - ANSWER ✔ Employees complete when participating
in development or award of an RFP
Conflict of interest statement - ANSWER ✔ - Employees involved in specification
development or award determination
- include in annual Procurement Plan
Risk assessment includes - ANSWER ✔ - identifying risk
- quantifying and analyzing the risk
- limit, lessen or abolish the risk
,D I R is required when? - ANSWER ✔ For major information projects
Types of solicitations - ANSWER ✔ - Performance
- design
- combination
Contract terms and conditions - ANSWER ✔ Essential and recommended clauses
Contact Advisory Team (CAT) - ANSWER ✔ - major contracts ($10 mil+) must
be reviewed by CAT
Contract Advisory Team consists of - ANSWER ✔ CPA, DIR, HHSC, Office of
the governor, TFC, Small agency representative
Criteria for a valid contract - ANSWER ✔ - offer
- acceptance
- legal purpose
- mutuality of obligation
- certainty of subject matter
- consideration
- competent parties
Contract administration - ANSWER ✔ - planning
- monitoring performance
- change management
- payment approval
- dispute resolution
- termination
- contract closeout
Change management - ANSWER ✔ - types of changes
- administrative, substantive, constructive
- CM consults with purchaser about possible changes
- CM must have changes in writing and agree to pricing
- purchasing is responsible for executing all changes
- change is not valid until change order is executed
, Vendor performance monitoring - ANSWER ✔ - monitoring methods
- desk reviews
- site visits
- reporting
- TPASS vendor performance tracking system is required for purchasers$25,000+
- canceling for cause or convenience
Contract closeout - ANSWER ✔ - extension: additional time needed to complete
contract
- renewal:
- funding out clause must be in the contract and agreed to by both parties
- funding out clause required if contract extends beyond a legislative biennium
- closeout: contract is complete; verify all parties met contractual obligations
Win-win (integrative)negotiation - ANSWER ✔ Each party has a vested interest
interest in the issue and the relationship. Look for mutual benefit
Win-lose (distributive) negotiation - ANSWER ✔ Issues matters more than the
relationship
Negotiation - ANSWER ✔ Often used to build relationships
When to negotiate - ANSWER ✔ Competitive sealed proposals (RFP),
Professional/Consulting Services, Emergency, proprietary, DIR, TXMAS, state use
program (services only)
Types of information exchanges - ANSWER ✔ - clarification
- communication
- negotiation or discussions
Principals Negotiation
People - ANSWER ✔ Separate the people from the problem
Request for Proposals (RFP) - ANSWER ✔ Recommended when factors other
than price are considered or when objective criteria cannot be defined. Allows for
negotiations between respondent and the issuing agency.