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Comptroller of Public Accounts Procurement Manual Updates and Revisions Texas Procurement and Support Services (TPASS) Website

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Presentation on theme: "Comptroller of Public Accounts Procurement Manual Updates and Revisions Texas Procurement and Support Services (TPASS) Website"— Presentation transcript:

1 Comptroller of Public Accounts Procurement Manual Updates and Revisions Texas Procurement and Support Services (TPASS) Website

2 Topics Updated/Revised Sections of the Procurement Manual Updated/Revised Sections of the Procurement Manual Significance of Revised Sections Significance of Revised Sections Future Plans for Procurement Manual Revisions 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 Purchases 2.21 Proprietary Purchases 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. Clarified purchaser training requirements. Who should attend? 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 Provided links to class/course schedules, registration, and testing & certification applications

6 1.1 Training & Certification Additional courses 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 DIR reporting related information Removed Nonresident Bidders Report which was repealed by House Bill 2753, section 10 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 Updated language to better describe Federal and State Surplus Property Clearly stated who is eligible for obtaining surplus property and requirements for applying Clearly stated who is eligible for obtaining surplus property and requirements for applying Provided links to: 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 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, TXMAS Schedule 70 Contracts will be available on the DIR website September 1, For more information regarding the repealed CISV program, please visit our website. website

10 2.7 Term Contracts Updated the Automated Term Contract orders Updated the Automated Term Contract orders - Online access to Impala/Telnet for direct entry or through completion of a Contract Purchase Requisition Form - Online access to Impala/Telnet for direct entry or through completion of a Contract Purchase Requisition Form Clarified P.O. and POCN notices 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 CPA Updated links to view Non-Automated Term Contracts Updated links to view Non-Automated Term Contracts

12 2.8 Open Market Purchases CPA Administered Open Market Purchase CPA Administered Open Market Purchase - #3 The average CPA 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 Added new section to reflect the provisions of HB 2918 Included the Request for Offers (RFO) process Included the Request for Offers (RFO) process - RFP purchasing method - RFO procedures Section 2.12 Section 2.12 can be found in the Procurement Manual on our website Section 2.12

14 2.21 Proprietary Purchases Wording change in the last paragraph Wording change in the last paragraph - “These specifications are being advertised under TX. Gov’t. Code, Section 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 Printing & Copying Services Added link for contacting Purchasing Operations and Customer Service (POCS) 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 Clearly defined procedures for procuring printing and copying Clearly defined procedures for procuring printing and copying

16 2.28 HUB Program Changed formatting Changed formatting Updated total value of HUB’s receiving portion of contracts that the agency expects to award in a fiscal year 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 Clarified language regarding HUB Subcontracting Plan (HSP) and provisions Added more references to Texas Administrative Code (TAC) for notifying subcontractors after the primary contractor was awarded Added more references to Texas Administrative Code (TAC) for notifying subcontractors after the primary contractor was awarded20.14

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

18 2.29 Surety Bonds Added link to the State Contract Management Guide 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 Changed formatting A clear explanation of CMBL program A clear explanation of CMBL program Removed CISV content Removed CISV content Added internet sources and provided new links Added internet sources and provided new links Clearly defined the dollar amount in the “Required Use” portion Clearly defined the dollar amount in the “Required Use” portion A clear explanation for supplementing the CMBL A clear explanation for supplementing the CMBL - TAC TAC TAC 20.34

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

21 2.37 Bid Opening & Bid Tabulation Changed formatting Changed formatting Expanded on “Bid Opening” by adding rules & requirements Expanded on “Bid Opening” by adding rules & requirements “Late Bids” and “Unsigned Bids” basically remained the same “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 Removed language about “lowest and best bid” and replaced with “best value” content Added links to reference TGC and Added links to reference TGC and Best value criteria must be specifically addressed in the solicitation Provided a link to the Contract Management Guide (CMG) Provided a link to the Contract Management Guide (CMG) - For more complex solicitations e/ e/ e/

23 2.41 Awards Added content to “Aids to Evaluation” regarding the Written Data Rule Added content to “Aids to Evaluation” regarding the Written Data Rule - Changed wording in #2 from “will” to “may” #2 - 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.) (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 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 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 Added “Note:” statement to explain the rationale for making an award to an otherwise qualified bidderNote

25 2.41 Awards Deleted “Texas Family Code Clause” Deleted “Texas Family Code Clause” Fixed broken links to the Comptroller’s Tax Status Fixed broken links to the Comptroller’s Tax Status -

26 2.42 Inspection, Testing & Acceptance Basically straight from TGC and Basically straight from TGC and Quality Assurance Inspection (QAI) Program has developed an automated P.O. selection process that will identify high risk/high dollar commodities for inspection 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 Phase 1 complete - automated P.O. selection for high risk/high dollar commodities Phase 2 in the works 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 Manual updates will follow the completion of the QAI enhancements

28 Contract Administration Covers sections 2.43 – 2.50 Covers sections 2.43 – – – Currently under review to coincide with 2.42 Testing, Inspection & Acceptance For additional information regarding contract administration For additional information regarding contract administration **See Contract Management Guide** /contractguide/ /contractguide/

29 2.49 Purchase Order Change Notices Basically remained the same 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 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 Added link to TAC 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) Fixed broken link to access instructions for completing a Vendor Performance Form (VPF) rog/vendor_performance/performanceform/ rog/vendor_performance/performanceform/

32 2.50 Vendor Performance Updated the “Purpose” portion to specifically address what the VPTS is for 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 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) 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 Updated the number of days a vendor is required to respond Better explained process for reporting VP Better explained process for reporting VP - 14 days, not 10 like previously stated Reformatted Vendor Performance Codes to simplify searching Reformatted Vendor Performance Codes to simplify searching New enhancements to the VPTS 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 New language added regarding the contents of a hard copy purchase voucher pdf 52.pdfhttp://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) 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 - A state agency may pay tuition to an institution of higher education no earlier than the 42nd day before 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 which states Updated language using TAC which statesTAC TAC “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 Deleted portion regarding “Invoices” as it doesn’t flow with Late Payment content Updated “How to Calculate Interest” 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; a state agency executed a contract with a vendor to purchase goods on September 10th; the goods were received September 24th; the goods were received September 24th; the agency received the vendor's invoice on October 6th; the agency received the vendor's invoice on October 6th; the agency's payment was postmarked December 9th; and the agency's payment was postmarked December 9th; and the amount of the agency's payment was $ the amount of the agency's payment was $ annual percentage rate of 7.25% to calculate late payment interest 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 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. 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) 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 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 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 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” 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 Corrected link to reference to TAC 5.57TAC 5.57TAC 5.57

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

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

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

44 4.5 Exemptions Removed list of exempt agencies as CPA does not maintain this list 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 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) Fax: (512) Customer Service Line: (512)


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