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Statewide Procurement Division (SPD) - correct answer ✅central authority for state agency procurement guidance, education, and statewide contract development services Major contracts for information technology projects are monitored by the _. - correct answer ✅Quality Assurance Team (QAT) Major contracts are reviewed by _. - correct answer ✅Contract Advisory Team (CAT) Procurement - correct answer ✅refers to all aspects of the sourcing activities, including drafting and issuing the solicitation, evaluation of responses, selection of successful respondents, the negotiation of contracts, and the actual purchasing of goods or services. Purchasing - correct answer ✅refers to the mechanical or administrative process of how goods and services are ordered. Usually described as the transactional function of the procurement process
Nepotism - correct answer ✅form of conflict of interest that involves an explicit act of using one's position to favor a relative The two classifications of Nepotism are: - correct answer ✅Consanguinity and Affinity What is a consanguinity relationship? - correct answer ✅one established through bloodlines includes individuals related by blood to the official or employee three degrees 1st: Parents, Children 2nd: Grandparents, Grandchildren, Brothers and Sisters 3rd: Great-Grandparents, Great-grandchildren, Nephews and Nieces, Uncles and Aunts What is a affinity relationship? - correct answer ✅arises by virtue of marriage
Bribery does not occur is the benefit is a political contribution - correct answer ✅True Where do you report suspected fraud, waste or abuse? - correct answer ✅The State Auditor's Office (SAO) Allowable vendor-public procurement professional interactions between response due date and contract award include what three things? - correct answer ✅1. Clarification of respondent's ability to meet the solicitation requirements
- Negotiations
- The exchange of information as necessary to facilitate a potential contract award SPD and DIR serve on what two interagency oversight teams? - correct answer ✅The Contract Advisory Team (CAT) & Quality Assurance Team(QAT)
What programs does SPD manage? - correct answer ✅1. Centralized Master Bidders List (CMBL)
- Historically Underutilized Business Program (HUB)
- Electronic State Business Daily (ESBD)
- Vendor Performance Tracking System (VPTS) CAT makes recommendations on the solicitation documents for contracts by agencies that have an estimated value of at least_. - correct answer ✅$5 Million Quality Assurance Team (QAT) - correct answer ✅interagency working group established to provide on-going oversight to reduce risk of project overruns and failures of major information resources projects List the 5 steps of the Procurement Cycle: - correct answer ✅1. Procurement Planning- Define the business need and establish the procurement objectives
purchased is readily available - correct answer ✅Market Research Tool used to optimize an agency's buying power - correct answer ✅Historical Spend Analysis Used by public procurement professionals to compare a particular item, service, or process with other entities or an established industry standard - correct answer ✅Benchmarking Formal research method used by an agency to gather information directly from the industry about a particular type of product or service. - correct answer ✅RFI An RFI is not a procurement opportunity and cannot be developed from a response to an RFI. - correct answer ✅True Items prohibited for Purchasing with state funds - correct answer ✅-alcoholic beverages -audit of finacial records -postage or PO box rental other than US post office
-membership in or dues for professional organization -live or artificial indoor plants -private facilities for meetings, conferences or exams -generally informational, promotional, or educational periodicals and publications issued by the agency intended for use by the general public and not essential for achievement of statutory objective by the agency Factors that should be considered when the agency is determining which procurements require individual Acquisition Plans: - correct answer ✅-Procurement type -Contract Complexity -Dollar Value -Whether procurement is apart of a larger organizational project Set-aside programs - correct answer ✅1. Prison made goods
- State use programs
Purchases that have a total value of $5,000 of less - correct answer ✅Spot Purchases Factors to consider when determining whether or not to grant a delegation request - correct answer ✅-capabilities of the agency's purchasing staff and the availability of automated purchasing tools at agency -certification levels held by the agency's purchasing personnel -results of SPD's procurement review audits of an agency's purchasing practices and; -whether the agency has adopted and published protest procedures as part of its purchasing rules that are consistent with SPD' s procedures Services not offered on a TXMAS program - correct answer ✅-professional services CAT Review - correct answer ✅greater than or equal to $5 million SPD Delegation review for services - correct answer ✅greater than 100,
SPD Delegation review for goods - correct answer ✅greater than 50, Performance-based qualifications focus on _ or _ rather than the process by which the products and services are produced. - correct answer ✅outcomes, results What is the specification that allows respondents to bring their own expertise, creativity, and resources to satisfy the agency requirement? - correct answer ✅Performance-based must be reasonable and measurable What is the specification that focuses on the vendor and how they perform the service or how the product is made rather than what the product or service does?
correct answer ✅Design-based
-Professional Liability -Workers' Compensation -Commercial Umbrella Excess Liability Coverage(designed to provide protection against catastrophic loss) -Automobile Name the three types of surety bonds - correct answer ✅1. Bid Bonds
- Performance Bonds
- Payment Bonds _ protects buyer against poor workmanship, intellectual property violations of third parties, malfunctions products and debts. - correct answer ✅Warranties Limitations of liability clauses are used to limit potential breach-of-contract damages. - correct answer ✅True Under common law, parties are only liable for damages that are reasonably foreseeable at the time
of contracting. - correct answer ✅True _ provide protection to an agency if there is a contract breach. - correct answer ✅Remedies Examples of remedies: - correct answer ✅-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.
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? - correct answer ✅Price Score= (lowest price/price of response being evaluated) X maximum No. of available points Threshold at which CAT review is required - correct answer ✅$5 Million or greater Contract Value means - correct answer ✅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? -
correct answer ✅POD (procurement oversight and delegation portal) Who is not subject to a CAT review? - correct answer ✅RFAs based solely on federal funding CAT reviews take up to how many days? - correct answer ✅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. - correct answer ✅True Changes to the solicitation documents for a major contract are considered substantial when - correct answer ✅-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
Under Texas reciprocal preference law, a governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible bidder by an amount that is not less than the greater of the following - correct answer ✅See page 78 Legal elements of a contract - correct answer ✅- offer
- acceptance
- legal purpose
- mutuality of obligation
- certainty of subject matter
- consideration
- competent parties Terms should include: - correct answer ✅-scope of work -financial provisions -contract term and termination provisions -identification of the contracting parties
A contract for development of a major information technology project with a value expected to exceed $10 million shall not be valid unless the agency: - correct answer ✅-provides a copy of the final version of the contract, signed by the contract to QAT -obtains prior written approval of the contract from QAT DIR statements of work should be submitted DIR when the contract exceeds what amount? - correct answer ✅$50, A state agency must notify QAT within _ business days when the agency awards a contract for a major information resources project that is equal to or greater than $10 million for QAT review. - correct answer ✅10 business days Procurement Lead Time - correct answer ✅the interval between a decision to purchase a product or service to when the contract is awarded
