Set-Aside Programs Flashcards

1
Q

What is it called if your agency does not use the State Use Program?

A

Exception- There are 4 of them

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2
Q

What are the 4 exceptions to the State Use Program?

A

1) quality- do not meet the agency’s specifications
2) quantity- e.g. the minimum amount to order is too many
3) Life cycle cost- e.g. renting tables and chairs for 1 event/year rather than buying and storing them
4) Delivery time

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3
Q

What is NOT an exception to the State Use Program?

A

Price

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4
Q

What are the 2 Set-Aside Programs?

A

1) Texas Correctional Industries
2) State Use Program (common name for TWC overseeing the Purchasing from People with Disabilities Program)- competitive bidding not required

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5
Q

What is WorkQuest?

A

The Central Nonprofit agency that TWC contracts with to administer the day to day operations of TPPD program; it is the management link between Community Rehab Program work centers, agencies, and TWC

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6
Q

Agencies must purchase products and services offered through WorkQuest that meet the applicable specifications of the agency and that are available within the time specified- True or False

A

True

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7
Q

Can price be used as a factor in the comparison of other sources to WorkQuest provided products or services

A

NO

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8
Q

What is best practice regarding the quantity exception?

A

Meet the minimum order requirement by combining the business need of several teams or divisions within the agency. Don’t split orders to avoid a minimum quantity requirement.

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9
Q

Give an example of specifications not satisfying a

reasonable requirement by the agency and being used to avoid buying through the State Use Program

A

Pen with orange ink vs pens offered in blue, black or red

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10
Q

To determine whether a WorkQuest-offered product or service meets the reasonable requirements of the agency, the agency must not consider ?

A

Price

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11
Q

An exception is NOT needed to document the purchase of a product or service that is?

A

unavailable through the State Use Program

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12
Q

What must an agency do if a WorkQuest offered product is obtained from another source?

A

Document which of the 4 authorized exceptions is being used and submit monthly reports through SPD’s State Use Program exception reporting

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13
Q

When can the exception for delivery time be used?

A

Only after WorkQuest has been contacted and confirmed its inability to meet an essential schedule or delivery date requirement.
The procurement file must be documented with a justification explaining why the longer delivery from WorkQuest will prevent the end user from conducting its normal business or will present a hazard to life, health, safety, welfare, or property.

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14
Q

When can the exception for quality be used?

A

does not meet performance standards e.g. not functionally equivalent to commercial sources- cannot be based on opinion or preference but legitimate such as paper too thin or adhesive pads don’t stick well
The procurement file must be documented with a justification as to why the WorkQuest product does not meet the specifications or performance criteria of the agency.

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15
Q

When can the exception for quantity be used?

A

when WorkQuest has a minimum order requirement that is more than is needed by the agency, or when an agency has a need for a quantity greater than WorkQuest is able to fill.

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16
Q

When can the exception for Life Cycle cost be used?

A

when the product or service is not the most cost-effective option to meet the business requirements of the agency. (example of tables and chairs for one time/year event)

17
Q

Where are State Use Program products and services purchased?

A

Texas SmartBuy

18
Q

Is competitive bidding required for the Set Aside Programs?

A

No

19
Q

What is Texas Correctional Industries as a Set Aside program?

A

A division of Texas Department of Criminal Justice that manufactures goods and services using primarily offender labor; Prison Made Goods Act requires agencies to purchase goods and services offered by TCI.

20
Q

When can an agency decline to procure a good or service from TCI?

A

1) TCI grants a waiver
2) SPD determines the good or service produced by TCI does not meet agency’s requirements
3) SPD certifies that the good or service can be purchased elsewhere at a lower price after the agency gives TCI final opportunity to negotiate on price.

21
Q

What are legitimate reasons for a TCI waiver?

A

Substantial differences in specifications which may include:

1) TCI can’t meet delivery date
2) price differences, or
3) precise specifications required by the agency cannot be met

22
Q

What must be obtained from TCI if an agency desires to procure a product or service offered in the TCI catalog from a source other than TCI? Include related requirement.

A

Waiver- must wait for waiver- sometimes TCI will respond that they will lower their price

23
Q

Where is the TCI waiver form obtained?

A

CPA Procurement Forms Library

24
Q

Where are TCI goods and services found?

A

Texas SmartBuy and TCI catalog