Contracting and Purchasing Management Manual

Contracting and Purchasing

Management Manual

Version 1.8

January 10, 2023

CSEC MANUAL RECORD

Original Issue September 28

Revision 1

New Manual (Version 1.0)

Revision 2 (Insert SOC2 statement)

Revision 3

Revision 4

Revision 5

New Manual (Version 1.6)

Revision 7

New Manual (Version 1.8)

September, 2016

September, 2017

December 31, 2019

August 12, 2020

December 31, 2021

October 06, 2022

December 13, 2022

December 30, 2022

January 06, 2023

January 10, 2023

2|Page

Table of Contents

CSEC MANUAL RECORD ................................................ 2

I.

Purpose ................................................................. 4

II. Applicability ........................................................... 5

III. Roles and Responsibilities ...................................... 5

IV. State Agency Revolving Door Policy ........................ 5

V. Vendor Interaction and Communication Policy ........ 6

VI. Training ................................................................. 8

VII. Ethics and Standard of Conduct .............................. 9

VIII. Purchasing and Procurement Process.................... 10

IX. Contract Management Process .............................. 19

X. Credit-Procurement Card ...................................... 28

XI. Grievance and Protest .......................................... 29

XII. Appendix ............................................................. 31

3|Page

I.

Purpose

The Commission on State Emergency Communications (CSEC or Agency) Contracting and Purchasing

Management Manual is developed to replace and consolidate previous versions of the CSEC¡¯s Contract

Management Handbook and Procurement Manual (CSEC-CPM). This new manual is developed to

account for Agency changes and procedures for procurement and contracting since last documented in

2015. This document also responds to State Auditor¡¯s Office Report No. 17-041 1 and incorporates

policies and procedures governed by Texas Comptroller of Public Accounts¡¯ (CPA) Statewide

Procurement Division (SPD) State of Texas Procurement and Contract Management Guide(TxPCMG) 2 to

aid public procurement professionals in the execution of their duties and to provide step-by-step

guidance and a framework for the continued development of public procurement and contract

management processes and best practices.

The 84th Texas Legislature in 2015 amended Government Code Chapter ¡ì 2261, State Contracting

Standards and Oversight, to require:

Each state agency shall publish a contract management handbook that establishes consistent contracting

policies and practices to be followed by the agency and that is consistent with the comptroller¡¯s contract

management guide. The agency¡¯s handbook may include standard contract provisions and formats for

the agency to incorporate in contracts. 3

The CSEC-CPM, along with SPD State of Texas Procurement and Contract Management Guide, establish

consistent procurement and contract management policies and procedures for CSEC personnel involved

in the procuring and management of contracts in which CSEC is a party including procurements and

purchases made and/or contracts managed by CSEC for the benefit of agency programs and/or

stakeholders.

The CSEC-CPM is not intended to be exhaustive of all requirements or issues and is to be applied in

conjunction with applicable CSEC and state and federal laws, rules, policies, and best practices ¨C

including Title 10, Subtitle D of the Texas Government Code, Chapters ¡ì 2261 and 2262 of the Texas

Government Code, and when applicable federal Uniform Guidance ¨C Procurement Standards applicable

to States 4. Any conflict between the CSEC-CPM and the State of Texas Procurement and Contract

Management Guide is resolved by giving effect to the State of Texas Procurement and Contract

Management Guide. Additionally, the CSEC-CPM is not exhaustive of all procedures and processes

applicable to procurements. By way of example, Attachments 1-3 (Conflicts Statement/Impartiality

Certification; Non-Disclosure Statement; and Disclosure of Financial Interest/Conflict, respectively) are

required of each person, including non-CSEC personnel, involved in CSEC competitive procurement.

1

An Audit Report on Selected contracts at the Commission on State Emergency Communications (SAO Report No. 17-041,

July 2017)

2



3

Tex. Gov¡¯t Code Ann. ¡ì 2261.256(b). Added by Acts 2015, 84th Leg., R.S., Ch. 326 (S.B. 20), Sec. 18. Eff. September 1, 2015.

4

Code of Federal Regulation 200.317-200.327

4|Page

II.

Applicability

The CSEC-CPM applies to all procurements and management of contracts in which CSEC is a party.

III.

Roles and Responsibilities

Executive Director ¨C Overall delegation authority and ultimate responsible for ensuring that fiscal

controls and accountability measures are in place to make certain administrative, bidding, purchasing

requirements and contract management requirements and activities follow state law; and, that all

procurements align with agency mission, goals, and strategies.

Director of Operations ¨C Oversight and responsibility for of Agency back-office activities to include

Procurement, Contract Management, Finance and Human Resources. Procurement and Contract

Management Office reports directly to Director of Operations.

Deputy for Project Management¨C Responsible for project management and providing input for

solicitation statements of work with respect to projects that support CSEC, its programs and stakeholders

in collaboration with CSEC¡¯s Contracts and Purchasing department. The Deputy responsibilities also

include the retention of CSEC¡¯s project documents to include project artifacts, program-related

technology, systems, vendors, contracts, and service level agreements.

General Counsel - Advises executive management on legalities of Federal, State, and local laws and

applicable rules in order to ensure the agency¡¯s compliance with the CSEC-CPM, as well as CSEC rules

and policies.

Deputy for Contracting & Purchasing - Reporting to the Director of Operations, the Deputy for

Contracting / Purchasing performs work that involves establishing purchasing and contract goals and

objectives; planning, organizing, coordinating, and preparing specifications for purchasing commodities

and services; preparing procurement documents such as acquisition plans, statements of work, and

purchase orders; overseeing the maintenance of detailed records of items purchased, received,

prepared, and issued; and monitoring vendor performance all retained as a repository in Contracts and

Purchasing.

Contract Manager - Reporting to the Deputy for Contracting / Purchasing, the Contract Manager

performs contract management and procurement work. Work involves coordinating, developing, and

evaluating a broad range of contracts; and performing grants management functions.

Purchaser - Reporting to the Deputy for Contracting/Purchasing, the Purchaser performs purchases for

commodities/services as well as preparing procurement documents such as acquisition plans, statement

of work, and purchase orders; oversees the asset management process and executes purchases

requisitions and orders.

IV.

State Agency Revolving Door Policy

IMPORTANT NOTE: A former state officer or employee of CSEC who during the period of state service or

employment participated on behalf of CSEC in a procurement or contract negotiation involving a person

or business entity may not accept employment from that person or entity before the second anniversary

5|Page

 ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download