CTPO cheat sheet

Needs assessment precedes solicitation: define scope, quantity, delivery, and performance outcomes before selecting a method.

Specification types: design (prescriptive), performance (outcome-based), and brand-name-or-equal; performance specs shift risk to the offeror.

Market research tools: published price lists, historical contract data, RFI, and small-business capability databases.

Method selection rule: competitive sealed bidding fits well-defined requirements; competitive sealed proposals fit best-value or unclear solutions.

Solicitation must state evaluation factors and their relative importance; undisclosed criteria cannot be used to award.

Independent cost estimate establishes reasonableness benchmark and supports budget certification before posting.

Pre-solicitation conference and site visit reduce ambiguity but must be offered equally to all potential offerors.

Solicitation amendment must be issued to all holders of the solicitation; receipt of amendment should be acknowledged in the offer.

Elements of a binding contract: offer, acceptance, consideration, capacity, and legal purpose; a purchase order can serve as offer or acceptance.

Responsiveness concerns what the offer says (compliance with solicitation terms); responsibility concerns who the offeror is (capability, integrity, resources).

Late offers are generally rejected unless the delay is at the receiving point's fault or the offer was sent by an approved electronic method.

Best-value tradeoff: evaluate against stated criteria, document rationale, and avoid awarding to a higher-priced offer without written justification.

Competitive range determination shortens evaluation; offerors outside the range are excluded from further discussions.

Discussions must be meaningful and equal: disclose deficiencies to all in-range offerors without revealing competing proposals.

Tie bids resolved by documented, pre-stated method (e.g., drawing lots or coin toss) rather than subjective preference.

Protest deadlines are short and jurisdictional; missing the deadline forfeits the challenge regardless of merit.

Contract file should contain solicitation, offers, evaluation record, award document, modifications, and payment records.

Changes clause permits unilateral changes within scope; constructive changes arise from conduct and may support equitable adjustment.

Scope determination: a modification is permissible if it is within the general scope of the original competition; cardinal change exceeds it.

Inspection and acceptance: acceptance occurs on documented determination of conformity; latent defects survive acceptance.

Payment controls: match invoice to contract terms, receiving report, and price; three-way match detects overbilling.

Contract closeout: verify delivery, settle subcontractor claims, deobligate funds, and complete final acceptance and release.

Performance monitoring uses deliverable schedules, KPIs, and documented cure notices before termination for default.

Termination for convenience requires notice and equitable adjustment for work done plus reasonable settlement costs.

Texas Government Code Chapter 2155 governs state purchasing; Chapter 2269 covers alternative delivery and construction methods.

Competitive bidding thresholds and delegated purchase authority are set by statute and agency rule; verify current dollar thresholds before use.

Texas Government Code Chapter 572 requires personal financial disclosure and regulates conflicts of interest for state officers and employees.

Bribery and improper influence are criminal offenses under Texas Penal Code Chapters 36 and 37; gifts to influence official action are prohibited.

Contract with a governmental entity may be voidable if an employee has a substantial interest in the business entity.

Cooperative purchasing through state contracts and interlocal agreements is authorized and generally exempt from separate competitive solicitation.

Records of procurement are public information under the Texas Public Information Act, subject to specific statutory exceptions.

Ethics rule: do not accept gratuities, do not disclose proprietary offeror data, and recuse when a conflict exists.