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Similarities and Differences between Managing Simple and Complex Contracts. Presented by Angela Zgabay -Zgarba and Andy Marker Texas Lottery Commission. Agency Overview. Operate Lottery and Regulate Bingo Unaudited Sales FY 2012 $4,190,815,913
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Similarities and Differencesbetween Managing Simple and Complex Contracts Presented by Angela Zgabay-Zgarba and Andy Marker Texas Lottery Commission
Agency Overview • Operate Lottery and Regulate Bingo • Unaudited Sales FY 2012 $4,190,815,913 • Unaudited Transfers to State FY 2012 $1,153,560,513 • 317 FTE’s
Contracts Administration • 2 Contract Administrators • 2 Attorneys who focus on Contracts • 3 Purchasers • 1 HUB Coordinator • 1 Director & 2 Managers • Contract Sponsors
TLC Contracts • 75 -100 Active Contracts • Prime (15) • High Risk (11) • Other • Lease • Interagency • 60 Annual Promotional Event Contracts
Statutes & Rules • Texas Gov’t Code • §466.014 • §466.101 • §466.102 • §466.103 • §466.105 • Texas Administrative Code • §401.101 - 104
Procedures • 36 for Purchasing/Contracts/HUB • 19 govern Contracts Administration • 3 specific to Lottery Operator Contract • Vendor Background Risk Assessment • Needs & Risk Assessment
Risk Assessment • Solicitation Document • Statutes & Rules • Procedures • Security and Integrity of Lottery Games • Conflicts of Interest • Background Investigations
Contract Management • Monthly Disclosure of Litigation • Bonds and Insurance • Contract Sponsor reported issues • Annual Contract Compliance meetings with Contract Sponsors • Communication and Correspondence with Contractors • Contract Amendments • SOW’s or Change Orders
Sanctions & Liquidated Damages • Liquidated Damages in most of our Contracts • Sanctions are in many of our Contracts • Compel Contractor Performance • Provide Remedies • Sanction, LD & Warning Letters
Lottery Operator Contract • $1 Billion over life - $85M+ per year • Over 1,000 deliverables • Change orders • Contract compliance vendor • Approximately 70 Sanctions • Approximately 10 LD’s
Advertising Contract • $32 M per year • Advertising & Media Planning • Reporting • Billing and invoicing • Staffing
Instant Ticket Manufacturers • 3 Contractors • $19.5 M per year • Approximately 75% of agency sales are instant tickets • 85-90 instant games printed each year
Simple vs. Complex • Complex • Bonds and Insurance Required • Long Contract Term • Significant Risk Associated • In-depth Background Investigations • Many Sanctions or Liquidated Damages • Extensive Terms & Conditions • Simple • No Bonds or Insurance • Short Contract Term • Limited Risk Associated • Background Certification • Few Sanctions or Liquidated Damages • Minimal Terms & Conditions