Thresholds Deadlines & Restrictions

Question 1

When must a solicitation be posted on ESBD?

Answer 1

over $25,000, regardless of the source of funds used for the contract (includes TXMAS contracts)

Question 2

When must an addendum to a solicitation be posted on ESBD? (for solicitations that required ESBD posting)

Answer 2

no later than the next business day following the release to the public

Question 3

What happens to a contract award if agency violates the required minimum time for posting on ESBD?

Answer 3

Contract IS void

Question 4

What is the minimum ESBD posting time?

Answer 4

Entire solicitation with appendices- 14 calendar days
Not the entire package- 21 calendar day
Best practice- 30 calendar days (especially if HUB is involved)

Question 5

How do you compute ESBD posting time?

Answer 5

First day excluded, Last day included, and extend period if last day is a Saturday, Sunday, or legal holiday to the next day that is not one of these.

Question 6

Do emergency purchases have to be posted on ESBD?

Answer 6

Yes, if over $25,000, but the the minimum time for posting of the solicitation does not apply to the extent necessary to address the emergency

Question 7

When must a contractor’s performance be reported to VPTS?

Answer 7

1) Within 30 days of completion (or termination) of contract with value greater than $25,000
2) If contract exceeds 5 million, must review performance once/year during contract term and at key milestones
3) A contract exceeding $5 million, may NOT be extended until the reports have been submitted

Question 8

What contracts are not subject to VPTS reporting?

Answer 8

Interagency Cooperative Contracts and Interlocal Cooperative Contracts

Question 9

What are thresholds for using CMBL?

Answer 9

1) MUST use CMBL to select vendors for competitive bids/proposals and to fullest extent possible for exempt purchases from SPD authority
2) Over 5,000 to $25,000- must solicit from at least 3 active vendors on CMBL, two of which must be HUB
3) Over $25,000- all eligible vendors that serve the agency’s geographic region

Question 10

When can an agency supplement the CMBL list?

Answer 10

To increase competition and/or number of HUBs by:

1) Supplementing with HUBs
2) By obtaining approval from agency head for non-CMBL vendors

Question 11

When must an agency determine HUB opportunities?

Answer 11

Estimated contract value equal to or greater than $100,000

Question 12

What is the threshold for conflict of interest disclosure statement?

Answer 12

contracts over $25,000

Question 13

When must a nepotism disclosure statement be signed?

Answer 13

contract equal to or greater than $1 million- signed by purchasing personnel prior to award of contract
given to administrative head of agency
must be on form prescribed by SAO

Question 14

When must form 1295 be signed?

Answer 14

TEC Disclosure of Interested Parties-

1) if contract requires approval from governing body of agency
2) if contract is $1 million and above
3) if contract is for services that require a person to register as a lobbyist

Question 15

What type of contracts are exempt from Form 1295

Answer 15

1) sponsored research contract of an IHE
2) Interagency Contract
3) HHS contract where value cannot be determined and any qualified vendor is eligible
4) Publicly traded entity
5) Electric or gas utility

Question 16

When must nondisclosure forms be signed by evaluators?

Answer 16

prior to receiving responses or participating in evaluation activities

Question 17

Agencies may NOT use appropriated funds for what goods and services?

Answer 17

Unless the procurement falls within a statutory exemption:
1) Alcoholic beverages (DPS has an exemption for officer training for drunk driving)
2) Audit of financial records or accounts
3) Live or artificial indoor plants
4) Membership/dues for professional organizations
5) Private facilities for meetings, conferences, or exams (unless state facilities are not available or adequate to accommodate, or economically favorable)
6) Postage or post office box other than US postal service
7) General informational, promotional, or educational publications issued by the agency intended for use by the general public and not essential for agency function
Note: public junior colleges had many exceptions to the above

Question 18

What contract value requires an Acquisition Plan?

Answer 18

The statue does not define (except for MIRP) but best practice is over $25,000

Question 19

What are the DIR Cooperative Contract thresholds?

Answer 19

1) NO MORE THAN $50,00 award directly to the vendor without submitting request to other vendors
2) MORE THAN $50,000 but NOT MORE THAN $1 million- submit request for pricing to at least 3 vendors in the same category
3) MORE THAN $1 million but NOT MORE THAN $5 million- submit request for pricing to at least 6 vendors in the same category
These thresholds also apply to DIR TXMAS contracts-and if less than 6 vendors are in a category for #3 above, it would be all vendors on that TMAS schedule

Question 20

How can an agency be exempt from using a DIR contract?

Answer 20

DIR exemption (DIR grants blanket exemptions for certain purchases), LBB approval- must get DIR exemption 1st), and DIR certification of unavailability

Question 21

When is DIR Signature Approval needed for a DIR Statement of Work required?

Answer 21

Contracts exceeding $50,000 involving: managed services for IT, IT security services, web development, cloud services

Question 22

How must agency conduct best value determination with TXMAS contracts?

Answer 22

1) NO MORE THAN $50,000- directly award without submitting price request to other vendors
2) MORE THAN $50,000- submit a price request for at least 3 vendors in same category or all vendors if category has fewer than 3

Question 23

What is Good Faith Effort requirement for respondents to allow regarding HUBs?

Answer 23

7 business days for HUBs to respond

Question 24

Once the CMBL vendors for a solicitation are determined, what must agency do?

Answer 24

Send a copy of the solicitation to all vendors on the CMBL list. (Announcements by email can be used to reduce mailing costs)

Question 25

When is agency approval and signature required before entering into a contract?

Answer 25

OVER $1 million (must be approved by governing body and signed by presiding officer of body or delegated to executive director)

Question 26

What agency verifications are required prior to contract award?

Answer 26

1) verification of best value standards
2) Complete procurement file
3) Verification of vendor assessment process
4) Verifications required by contract value
5) Disclosures obtained (Nepotism, 1295, Conflict of Interest)
6) Vendor Compliance Verifications:
debarment
SAM check
Iran, Sudan, Foreign terrorist
Boycott Israel Check
Warrant Payment Hold Check
Franchise Tax Check
Human Trafficking prohibition