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Comptroller of Public Accounts

Comptroller of Public Accounts. Procurement Manual Updates and Revisions Texas Procurement and Support Services (TPASS) Website http://www.window.state.tx.us/procurement/. Topics. Updated/Revised Sections of the Procurement Manual Significance of Revised Sections

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Comptroller of Public Accounts

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  1. Comptroller of Public Accounts Procurement Manual Updates and Revisions Texas Procurement and Support Services (TPASS) Website http://www.window.state.tx.us/procurement/

  2. Topics • Updated/Revised Sections of the Procurement Manual • Significance of Revised Sections • Future Plans for Procurement Manual Revisions

  3. Completed Sections 1.1 Training & Certification 1.3 Reports & Notification 2.1 Acquisition of Surplus Property 2.6 Catalog Purchase Procedures 2.7 Term Contracts 2.8 Open Market Purchases 2.12 Automated Information Systems/Telecommunications Commodities and Services Purchases 2.21 Proprietary Purchases 2.21.3 Printing & Copying Services 2.28 Historically Underutilized Business (HUB) Program 2.29 Surety Bonds 2.33 Centralized Master Bidders List (CMBL) 2.36 Bid Receipt

  4. Completed Sections 2.37 Bid Opening & Bid Tabulation 2.41 Awards 2.42 Inspection, Testing & Acceptance 2.49 Purchase Order Change Notices 2.50 Vendor Performance 2.52 Prepayment & Advance Payments 2.53 Early Payment Discounts 2.54 Late Payments 2.57 Paying for Purchases 2.59 The State Payment Card 2.61 Purchase Category Codes 2.62 Disposal of Property 4.5 Exemptions

  5. 1.1 Training & Certification • Clarified purchaser training requirements. • Who should attend? - All state agency purchasing personnel, including exempt agencies - Participating CO-OP purchasing entities are especially encouraged, but not required • Provided links to class/course schedules, registration, and testing & certification applications

  6. 1.1 Training & Certification • Additional courses - Contract Manager Training (CMT) - State Government Contracting (SGC) - Project Management (PM) - Power Negotiations (PN) - Supply Chain Optimization (SCO)

  7. 1.3 Reports & Notifications • Removed DIR reporting related information • Removed Nonresident Bidders Report which was repealed by House Bill 2753, section 10

  8. 2.1 Acquisition of Surplus Property • Updated language to better describe Federal and State Surplus Property • Clearly stated who is eligible for obtaining surplus property and requirements for applying • Provided links to: - Application for Assistance Organizations - The list of approved Assistance Organizations

  9. 2.6 Catalog Purchase Procedures • The entire section has been removed from the Procurement Manual HB 2918 repealed the Catalog Information Systems Vendor (CISV) program and transferred TXMAS Schedule 70 Information Technology Contracts to the Department of Information Resources (DIR) effective September 1, 2007. TXMAS Schedule 70 Contracts will be available on the DIR website September 1, 2007. For more information regarding the repealed CISV program, please visit our website.

  10. 2.7 Term Contracts • Updated the Automated Term Contract orders - Online access to Impala/Telnet for direct entry or through completion of a Contract Purchase Requisition Form • Clarified P.O. and POCN notices - Ordering entity reviews PO upon receipt for completeness and accuracy, not CPA

  11. 2.7 Term Contracts - Errors should be corrected via POCN - POCN is mailed to the vendor and a copy sent to CPA • Updated links to view Non-Automated Term Contracts

  12. 2.8 Open Market Purchases • CPA Administered Open Market Purchase - #3The averageCPA processing time for an open market requisition is approximately 45 calendar days - #4 The appropriate CPA Purchaser reviews the requisition and communicates any suggested changes to your agency within approximately 14 days of receipt of the requisition

  13. 2.12 Automated Information Systems/Telecommunications Commodities and Services Purchases • Added new section to reflect the provisions of HB 2918 • Included the Request for Offers (RFO) process - RFP purchasing method - RFO procedures Section 2.12 can be found in the Procurement Manual on our website

  14. 2.21 Proprietary Purchases • Wording change in the last paragraph - “These specifications are being advertised under TX. Gov’t. Code, Section 2155.067. Only responses to solicitations for items conforming exactly to these specifications will be considered in determining an award. ‘Conforming exactly to these specifications includes bidding only the brand name(s) make and model number(s) specified in this solicitation.”

  15. 2.21.3 Printing & Copying Services • Added link for contacting Purchasing Operations and Customer Service (POCS) - To obtain certification for the purchase of print services from anyone other than TCI, contact http://www.window.state.tx.us/procurement/contacts/ • Clearly defined procedures for procuring printing and copying

  16. 2.28 HUB Program • Changed formatting • Updated total value of HUB’s receiving portion of contracts that the agency expects to award in a fiscal year • Clarified language regarding HUB Subcontracting Plan (HSP) and provisions • Added more references to Texas Administrative Code (TAC) 20.14 for notifying subcontractors after the primary contractor was awarded

  17. 2.29 Surety Bonds • Changed title from “Performance Bonds” to “Surety Bonds” -this covers Blanket Bonds and Performance Bonds • Referenced TGC 2156.011 - explains statutory requirement regarding the use of Performance Bonds • Deleted portion on the Texas Insurance Code regarding the definition of “Bid Deposit” as it is no longer valid • Replaced with TGC 2156.004 - CPA requirements for a Bid Deposit

  18. 2.29 Surety Bonds • Added link to the State Contract Management Guide - bonding requirements associated with major contracts over $1 million in value

  19. 2.33 CMBL • Changed formatting • A clear explanation of CMBL program • Removed CISV content • Added internet sources and provided new links • Clearly defined the dollar amount in the “Required Use” portion • A clear explanation for supplementing the CMBL - TAC 20.34

  20. 2.36 Bid Receipt • Expanded and clarified language on “Withdrawing Bids” - Agencies are responsible fortheir own internal procedures for receipt and control of bids • Expanded on information regarding “Log for Bids Received” - Which is optional • Better explanation on the process for “Bids Inadvertently Opened”

  21. 2.37 Bid Opening & Bid Tabulation • Changed formatting • Expanded on “Bid Opening” by adding rules & requirements • “Late Bids” and “Unsigned Bids” basically remained the same - Added additional language regarding CPA’s liability for equipment failure or operator error when bids are received via fax

  22. 2.41 Awards • Removed language about “lowest and best bid” and replaced with “best value” content • Added links to reference TGC 2155.074 and 2155.075 - Best value criteria must be specifically addressed in the solicitation • Provided a link to the Contract Management Guide (CMG) - For more complex solicitations..... http://www.window.state.tx.us/procurement/pub/contractguide/

  23. 2.41 Awards • Added content to “Aids to Evaluation” regarding the Written Data Rule - Changed wording in #2 from “will” to “may” - Added #3 which explains the significance (Caution should be exercised when using this mandatory requirement as its use will prohibit the acceptance of an otherwise best value bid. The use of the word “may” as opposed to “will” is considered more appropriate because it gives the State the option of requesting the required information.)

  24. 2.41 Awards • Changed the “Franchise Tax” portion to read “Tax Status”, as we no longer check Franchise Tax • Clarified/Added language regarding making an award to a vendor that is on tax hold and not in good standing and the options that should be exercised • Added “Note:” statement to explain the rationale for making an award to an otherwise qualified bidder

  25. 2.41 Awards • Deleted “Texas Family Code Clause” • Fixed broken links to the Comptroller’s Tax Status - http://ecpa.cpa.state.tx.us/coa/coainst.html

  26. 2.42 Inspection, Testing & Acceptance • Basically straight from TGC 2155.069 and 2155.070 • Quality Assurance Inspection (QAI) Program has developed an automated P.O. selection process that will identify high risk/high dollar commodities for inspection

  27. 2.42 Inspection, Testing & Acceptance • Phase 1 complete - automated P.O. selection for high risk/high dollar commodities • Phase 2 in the works - use the Vendor Performance Tracking System (VPTS) to determine delinquent vendors, product substitution, non-delivery, etc. to further identify high risk vendors and commodities • Manual updates will follow the completion of the QAI enhancements

  28. Contract Administration • Covers sections 2.43 – 2.50 - Currently under review to coincide with 2.42 Testing, Inspection & Acceptance • For additional information regarding contract administration **See Contract Management Guide** http://www.window.state.tx.us/procurement/pub/contractguide/

  29. 2.49 Purchase Order Change Notices • Basically remained the same Added information regarding the use of a POCN - The POCN form shall be used to: #3.……“For scheduled purchases, the purchasing entity is to seek approval and coordinate changes in quantities with the CPA unless variations are specifically addressed in the terms and conditions of the schedule.”

  30. 2.49 Purchase Order Change Notices • Deleted #4 regarding the misuse of a POCN - A POCN form shall not be used to: Change a scheduled purchase order

  31. 2.50 Vendor Performance • Added link to TAC 20.108 - State agencies shall report a vendor's performance on any purchase of $25,000 or more from contracts administered by the commission or any other purchase made through an agency's delegated authority….. • Fixed broken link to access instructions for completing a Vendor Performance Form (VPF) http://www.window.state.tx.us/procurement/prog/vendor_performance/performanceform/

  32. 2.50 Vendor Performance • Updated the “Purpose” portion to specifically address what the VPTS is for • Provided detailed information relating to the operations for maintaining contract records for tracking vendor performance • Clarified that agencies shall report not only poor performance, but satisfactory and exemplary performance via Vendor Performance Form (VPF)

  33. 2.50 Vendor Performance • Updated the number of days a vendor is required to respond • Better explained process for reporting VP - 14 days, not 10 like previously stated • Reformatted Vendor Performance Codes to simplify searching • New enhancements to the VPTS - manual updates will follow the enhancements

  34. 2.52 Prepayment & Advance Payments • New language added regarding the contents of a hard copy purchase voucher - http://www.window.state.tx.us/procurement/pub/manual/2-52.pdf • Added language to the exceptions for entering prepayment information into the Uniform Statewide Accounting System (USAS) - A state agency may pay an annual maintenance agreement in advance, regardless of whether it covers more than one appropriation year.

  35. 2.52 Prepayment & Advance Payments -Astate agency may pay tuition to an institution of higher education no earlier than the42nd daybefore the class begins -- as opposed to….”no earlier than six weeks….” - A state agency that needs to make an advance payment for a reason not listed above may do so only if the agency determines before making the payment that making the payment in advance is necessary and would serve a proper public purpose

  36. 2.53 Early Payment Discounts • Updated language using TAC 20.36 which states - “Cash discounts are acceptable but not considered in making an award. All cash discounts will be taken if they are earned by the agency".

  37. 2.54 Late Payments • Deleted portion regarding “Invoices” as it doesn’t flow with Late Payment content • Updated “How to Calculate Interest” Example of How to Calculate Interest - In this example, the following assumptions apply: • a state agency executed a contract with a vendor to purchase goods on September 10th; • the goods were received September 24th; • the agency received the vendor's invoice on October 6th; • the agency's payment was postmarked December 9th; and • the amount of the agency's payment was $500.00. • annual percentage rate of 7.25% to calculate late payment interest

  38. 2.54 Late Payments • Determine the due date for the payment. Count 30 days beginning on the day after the agency received the invoice. In this example, the due date was November 5th. • Determine how many days the payment was late. Start counting on the day after the due date and stop counting on the date the payment was postmarked. In this example, the payment was late by 34 days. • Use the following formula to determine the amount of interest due: (# of days late/365) x (.0725) x (amount of payment) = (interest due) • In this example, the formula becomes: (34/365) x (.0725) x ($500.00) =$3.38

  39. 2.57 Paying for Purchases • Added “Invoicing” to this section because it lists the necessary information required on the invoice to the agency in order to expedite payment • This addition flows better with the content about the payment process

  40. 2.59 The State Payment Card • Changed title to read as “The State Payment Card” as opposed to “The State Procurement Card” - the idea comes from the viewpoint that this card is used for payment and is not another method for procuring commodities/services • Corrected link to reference to TAC 5.57

  41. 2.61 Purchase Category Codes • Added category “I” - Purchases of items from DIR Contracts. See Texas Government Code, Chapter 2157 - Purchase of Automated Information Systems • Updated dollar limits for codes E, F, and Q • Added category “X” - Purchases of items from TXMAS Contracts. See CPA Rule 34TAC 20.47 – Multiple Award Schedule

  42. 2.61 Purchase Category Codes • Removed language regarding CISV • Reformatted chart for easier use

  43. 2.62 Disposal of Property • Updated the link that refers to section 2.1 regarding Surplus Property • Referenced TGC Section 2175 • Updated the State of Texas Surplus Storefront locations • Updated contact information for the Surplus Property Program

  44. 4.5 Exemptions • Removed list of exempt agencies as CPA does not maintain this list

  45. Future Plans • CPA is currently reviewing additional sections of the Procurement Manual to ensure all new legislative changes are reflected in the content

  46. Contact Information Purchasing Operations and Customer Service (POCS) Supervisor Cody Hays Office: (512) 463-3392 Fax: (512) 475-0851 Email: cody.hays@cpa.state.tx.us Customer Service Line: (512) 463-3034

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