Certified Texas Contract Developer (CTCD) Q & A
Verified 100% Correct!!
Legal Elements of a Contract
• Offer
• Acceptance
• Legal Purpose
• Mutuality of Obligation
• Certainty of Subject Matter
• Consideration
• Competent Parties
The essential provisions that must be included in every contract
• Scope of work,
• Financial provisions (e.g., price and payment terms),
• Contract term and termination provisions, and
• Identification of the contracting parties.
TRUE/FALSE - After contract award, the bid tabulation must be available for
release through the Texas Public Information Act.
TRUE - After contract award, the bid tabulation must be available for release through
the Texas Public Information Act.
Acquisition Plan
The objective of the Acquisition Plan is to ensure that the procurement is solicited,
negotiated, executed, and managed in a way that delivers best value to the State.
The 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.
Major Consulting Services Contract
the value of the contract will exceed $15,000 for a state agency or $25,000 for an
institution of higher education
Major Information Resources Project
• specifically designated as such by the Legislature in the General Appropriations Act; or
• identified in an agency's biennial operating plan whose development costs exceed $1
million and that
• requires one or more years to reach operation status;
• involves more than one state agency; or
• substantially alters the work methods of state agency personnel or the delivery of
services to clients.
Prior to posting to the ESBD or publishing in the Texas Register
, Prior to posting to the ESBD or publishing in the Texas Register, an agency must
submit solicitation documents for contracts that have a value of $5 million or greater to
the Contract Advisory Team (CAT) for review regardless of procurement method
Invitation For Bids (IFB)
A written solicitation requesting the submission of bids; also referred to as a bid
invitation.
> $25,000 (mandatory), post on ESBD
< $25,000 (optional)
Informal Bidding (Purchases $25,000 or Less)
>$5,000 but not >$25,000, a Contract Developer must provide bid opportunities to
vendors active on the CMBL.
3 active vendors on the CMBL, 2 must be
current Texas-certified HUBs
Request for Proposals (RFP)
A written solicitation requesting the submission of proposals.
A 30-day solicitation period is recommended
Request For Offers (RFO): IT Procurement
A written solicitation requesting the submission of offers for AIS which include hardware,
software and other information technology goods and services.
Request For Qualifications (RFQ): Professional Services
Selection is made solely on the skills and qualifications of the vendor. Price is not a
factor until after a vendor is selected.
Request For Applications (RFA): Grants
An RFA is used to invite grant applications. Must include the grant objective, guidelines,
limitations on spending or eligibility, and evaluation criteria.
Inter-Agency Cooperation (IAC) Agreements
An inter-agency contract is a written understanding between two or more agencies.
Nepotism
A form of conflict of interest, involves an explicit act of using one's position to favor a
relative.
SAO NEPOTISM DISCLOSURE STATEMENT FOR PURCHASING PERSONNEL
Contracts >$1 million, all purchasing personnel must disclose the relationship with the
selected vendor to the administrative head of the agency on a form prescribed by SAO.
TEC DISCLOSURE OF INTERESTED PARTIES (FORM 1295)
Contracts > $1 million require vendors to complete the Form 1295 Certificate of
Interested Parties.
SHOULD be submitted to State Ethics Commission at ANY amount, MUST be disclosed
when a contract is valued at 1 Million and up.
IT SERVICES | GO TO - DIR
Statements of work for IT services valued at more than $50,000 must be submitted to
DIR for approval and signature.
IT SERVICES - MAJOR INFORMATION RESOURCES PROJECTS & ASSOCIATED
CONTRACTS & AMENDMENTS | GO TO - QAT
IT projects > $1M (Major Information Resource Project), must be submitted to the QAT
for approval.
Verified 100% Correct!!
Legal Elements of a Contract
• Offer
• Acceptance
• Legal Purpose
• Mutuality of Obligation
• Certainty of Subject Matter
• Consideration
• Competent Parties
The essential provisions that must be included in every contract
• Scope of work,
• Financial provisions (e.g., price and payment terms),
• Contract term and termination provisions, and
• Identification of the contracting parties.
TRUE/FALSE - After contract award, the bid tabulation must be available for
release through the Texas Public Information Act.
TRUE - After contract award, the bid tabulation must be available for release through
the Texas Public Information Act.
Acquisition Plan
The objective of the Acquisition Plan is to ensure that the procurement is solicited,
negotiated, executed, and managed in a way that delivers best value to the State.
The 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.
Major Consulting Services Contract
the value of the contract will exceed $15,000 for a state agency or $25,000 for an
institution of higher education
Major Information Resources Project
• specifically designated as such by the Legislature in the General Appropriations Act; or
• identified in an agency's biennial operating plan whose development costs exceed $1
million and that
• requires one or more years to reach operation status;
• involves more than one state agency; or
• substantially alters the work methods of state agency personnel or the delivery of
services to clients.
Prior to posting to the ESBD or publishing in the Texas Register
, Prior to posting to the ESBD or publishing in the Texas Register, an agency must
submit solicitation documents for contracts that have a value of $5 million or greater to
the Contract Advisory Team (CAT) for review regardless of procurement method
Invitation For Bids (IFB)
A written solicitation requesting the submission of bids; also referred to as a bid
invitation.
> $25,000 (mandatory), post on ESBD
< $25,000 (optional)
Informal Bidding (Purchases $25,000 or Less)
>$5,000 but not >$25,000, a Contract Developer must provide bid opportunities to
vendors active on the CMBL.
3 active vendors on the CMBL, 2 must be
current Texas-certified HUBs
Request for Proposals (RFP)
A written solicitation requesting the submission of proposals.
A 30-day solicitation period is recommended
Request For Offers (RFO): IT Procurement
A written solicitation requesting the submission of offers for AIS which include hardware,
software and other information technology goods and services.
Request For Qualifications (RFQ): Professional Services
Selection is made solely on the skills and qualifications of the vendor. Price is not a
factor until after a vendor is selected.
Request For Applications (RFA): Grants
An RFA is used to invite grant applications. Must include the grant objective, guidelines,
limitations on spending or eligibility, and evaluation criteria.
Inter-Agency Cooperation (IAC) Agreements
An inter-agency contract is a written understanding between two or more agencies.
Nepotism
A form of conflict of interest, involves an explicit act of using one's position to favor a
relative.
SAO NEPOTISM DISCLOSURE STATEMENT FOR PURCHASING PERSONNEL
Contracts >$1 million, all purchasing personnel must disclose the relationship with the
selected vendor to the administrative head of the agency on a form prescribed by SAO.
TEC DISCLOSURE OF INTERESTED PARTIES (FORM 1295)
Contracts > $1 million require vendors to complete the Form 1295 Certificate of
Interested Parties.
SHOULD be submitted to State Ethics Commission at ANY amount, MUST be disclosed
when a contract is valued at 1 Million and up.
IT SERVICES | GO TO - DIR
Statements of work for IT services valued at more than $50,000 must be submitted to
DIR for approval and signature.
IT SERVICES - MAJOR INFORMATION RESOURCES PROJECTS & ASSOCIATED
CONTRACTS & AMENDMENTS | GO TO - QAT
IT projects > $1M (Major Information Resource Project), must be submitted to the QAT
for approval.
