PCS Procurement And Contract Management Handbook

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Health and Human Services (HHS) SystemProcurement andContractManagementHandbookThe HHS System and Procurement and Contracting ServicesDivision (PCS) are committed to making PCS electronic andinformation resources (EIR)—including all forms, documents,webpages, and software—comply with state, federal and EIRaccessibility requirements so that PCS information is accessible toeveryone, including people with visual, hearing, mobility,cognitive, and other disabilities.Version 1.0 – October 1, 2020(Revision History Log)

Procurement and Contract Management Handbook, v. 1.0PrefaceWithin the past decade, Texas has experienced a significant increase in population. This increase has led to moreservices being needed to meet the challenges of the expanding population, which in turn has led to the Health andHuman Services Commission (HHSC) engaging in more procurements and contracting opportunities. So, it follows,that proper procedures, policies, and guidelines must be in place to provide efficiency and proper oversight to theprocurement and contracting process, while simultaneously protecting the taxpayer’s dollar; therefore, it isimperative that the HHSC Procurement and Contracting Services division (PCS) create a handbook to address variousissues in the procurement and contracting process.This HHS Procurement and Contract Management Handbook (Handbook) is designed to be a dynamic document;one that will evolve with legislative changes, best practices, and with feedback from program areas. As you read theHandbook and you find that minor changes need to be made, for example, typographical errors, please emailPCS DEC@hhsc.state.tx.us with those suggested changes. Minor, non-substantive changes will be made to theHandbook upon receipt.If any division wants PCS to consider an amendment to any provision of the Handbook, such recommendationsshould be submitted to PCS at PCS DEC@hhsc.state.tx.us. All recommendations will be considered; however, thefinal content of the Handbook is subject to the approval of the Deputy Executive Commissioner of PCS and/or theChief Operating Officer or HHS Executive Commissioner, if escalation is necessary.Further, in considering substantive amendments and/or recommendations to the Handbook that could affectprocess and/or procedural changes to HHS divisions other than PCS, PCS will seek stakeholder input prior toapproving and implementing such amendments and will provide messaging of proposed changes throughout theprocess and at resolution, allowing sufficient time to plan for such change. More specifically, when substantiveamendments and/or recommendations are submitted, within one week of receiving the proposed change, amember of PCS will contact the person who submitted the recommended change to gather more information. If,based on the information gathered, PCS determines that the proposed amendment or recommendation wouldbenefit the Handbook, a member of the PCS team will arrange a meeting with identified stakeholders to review theproposed amendment or recommendation and review a draft of the proposed change. The identified stakeholderswill then provide written feedback on the proposed change. The PCS member assigned to the change will review thewritten feedback and incorporate what is necessary to achieve the goal of the proposed recommendation. Ifnecessary and pending the complexity and outcome of the proposed changes, PCS will also complete any researchnecessary with third-party agencies, consult with the Compliance and Quality Control division, the Office of ChiefCounsel, HHS executive management, and complete any other due diligence necessary to support therecommendation. Thereafter, PCS will meet with the stakeholders one more time to ensure that the proposedchange accurately reflects the goal and intended purpose of the amendment or recommendation. Once theamendment or recommendation is approved by the stakeholders, the amendment/recommendation will besubmitted to the Deputy Executive Commissioner of PCS and/or the Chief Operating Officer or HHS ExecutiveCommissioner for final approval. Once approved and properly messaged, the changes will be made to the Handbookand documented on the Revision History Log.PCS will complete a review of the entire Handbook biennially to reflect substantive amendments not previouslymade and to conform with laws enacted by the Texas State Legislature. It is the goal of PCS to make appropriatechanges to the Handbook in a timely fashion so that the Handbook remains useful and relevant. Any questionsconcerning the Handbook should be sent to PCS DEC@hhsc.state.tx.us.i

Procurement and Contract Management Handbook, v. 1.0TABLE OF CONTENTSPreface . iGeneral Information . 11.Purpose .11.1The Three Lines of Defense Model Relating to Risk .11.2Standards and Authority .21.3Applicability .32.Introduction .42.1Procurement and Contracting Authority .52.2Ethics and Professional Standards .62.3Nondisclosure, Conflict of Interest, Nepotism Certification .83.Vendor Communications .94.Required Training .104.1Certified Texas Contract Developer (CTCD) .104.2Certified Texas Contract Manager (CTCM) .114.3Licensed Attorney .114.4Continuing Education and Certification Renewal .114.5Required Cybersecurity Training for HHS and Contracted Staff .115.Procurement and Contracting Services Division (PCS) .125.1PCS Procurement Teams .125.2PCS Stakeholder Partners .186.Overview of HHS Agency Roles and Responsibilities .206.1Customer Organizations Roles .216.2PCS Roles.226.3CQC Roles .227.The Procurement Lifecycle .237.1PCS Operating Model .237.2Management Pillars of Operations .24Procurement Planning . 258.Planning and Development .268.1Procurement Lead Times .268.2Needs Assessment .278.3Factors for Assessing Need .288.4Risk Management .288.5Contract Value Estimate .298.6Procurement Planning Results and Outputs .30ii

Procurement and Contract Management Handbook, v. 1.08.7Information Technology Purchasing Plan (ITPP) .308.8The Statement of Work (SOW) .318.9Contractor Compensation .368.10Determination of Payment Type .378.11Evaluation Criteria .378.12Vendor Selection Methodology—Evaluation Team Selection & Scoring.388.13Historically Underutilized Business (HUB) Determination .428.14Determination of Subrecipient, Recipient, or Contractor Relationship .448.15Planning Exception—Emergency Procurements .448.16The Requisition .45Procurement Methods: Solicitations and Grants . 519.Procurement Methods .529.1Texas Disaster Act of 1975 .529.2State and Federal Surplus Property Program .539.3Texas Correctional Industries (TCI) Purchases .539.4State Use Program .549.5CPA Statewide Contracts .559.6Spot Purchases (Non-IT) .5710.Competitive Procurement .5710.1Informal Bidding (Non-IT) .5810.2Formal Bidding (Non-IT) .5910.3Information Technology Purchases .5910.4Printing Services.6410.5Conference and Meeting Room Space .6510.6Emergency Procurements .6610.7Proprietary Purchases .6710.8Consulting Services Contracts .6810.9Request for Proposal (RFP) .7110.10RFP Construction .7210.11Request for Qualifications (RFQ) .7210.12Drafting the Solicitation .7310.13Specification Drafting.7310.14Entering a Requisition for an RFx .7511.Non-Competitive Contracts, Agreements, and Open Enrollments .7511.1Non-Competitive Contracts and Agreements .7511.2Open Enrollment Contracts .7712.Grants .79iii

Procurement and Contract Management Handbook, v. 1.012.1Request for Applications (RFA) .8012.2Determination of Subrecipient, Recipient, or Contractor Relationship Process .8113.Solicitation Review .8413.1System Contracting .8413.2Compliance and Quality Control Review (CQC) .8513.3Contract Advisory Team (CAT) Review .8513.4Quality Assurance Team (QAT) Review — Major Information Resources Projects (MIRP) .8513.5CQC Review of Solicitations and Evaluations .8713.6Solicitation Advertisement .8813.7Vendor Conference .88Vendor Selection . 8914.Vendor Selection .9014.1Bid Room.9014.2Screening Responses — Bids, Proposals, and Applications .9014.3Litigation History Review .9514.4Financial Capacity Review .9514.5Reference Checks .9514.6Notice of Disqualification and Intent to Award (aka Tentative Award Procedure) .95Contract Formation and Award. 9615.Contract Formation and Award .9715.1Contract Negotiations .9715.2Purchase Orders and Contracts .9815.3Procurement Card (State Issued Credit Card) .9915.4Contract Terms .9915.5Insurance .10115.6Bonds .10215.7Prevailing Wage Rates .10615.8Uniform General Conditions for Construction .10615.9Grant Awards .10715.10Coordination and Preparation of Contract Documents .10915.11Certification Regarding Lobbying .11115.12Required Screening for Potential Contractors .11115.13Disclosure of Interested Parties .

Procurement and Contract Management Handbook, v. 1.0 1 General Information 1. PURPOSE The purpose of the Procurement and Contract Management Handbook (Handbook) is to establish consistent procurement and contract management policies and procedures that must be followed by the Health and Human

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