Similarities and Differences between Managing Simple and Complex Contracts
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Transcript of Similarities and Differences between Managing Simple and Complex Contracts
Similarities and DifferencesSimilarities and Differencesbetween Managing Simple between Managing Simple and Complex Contractsand Complex Contracts
Presented by Angela Zgabay-Zgarba and Andy MarkerTexas Lottery Commission
Agency OverviewAgency OverviewOperate Lottery and Regulate
BingoUnaudited Sales FY 2012
$4,190,815,913Unaudited Transfers to State FY
2012 $1,153,560,513317 FTE’s
Contracts AdministrationContracts Administration2 Contract Administrators2 Attorneys who focus on
Contracts3 Purchasers1 HUB Coordinator1 Director & 2 Managers Contract Sponsors
TLC ContractsTLC Contracts75 -100 Active Contracts
◦Prime (15)◦High Risk (11)◦Other
Lease Interagency
60 Annual Promotional Event Contracts
Statutes & RulesStatutes & RulesTexas Gov’t Code
◦§466.014◦§466.101◦§466.102◦§466.103◦§466.105Texas Administrative Code◦§401.101 - 104
ProceduresProcedures36 for Purchasing/Contracts/HUB19 govern Contracts
Administration3 specific to Lottery Operator
Contract◦Vendor Background Risk Assessment◦Needs & Risk Assessment
Risk AssessmentRisk AssessmentSolicitation DocumentStatutes & RulesProceduresSecurity and Integrity of Lottery
GamesConflicts of InterestBackground Investigations
Contract ManagementContract ManagementMonthly Disclosure of LitigationBonds and InsuranceContract Sponsor reported issuesAnnual Contract Compliance
meetings with Contract SponsorsCommunication and
Correspondence with ContractorsContract AmendmentsSOW’s or Change Orders
Sanctions & Liquidated Sanctions & Liquidated DamagesDamagesLiquidated Damages in most of
our ContractsSanctions are in many of our
ContractsCompel Contractor PerformanceProvide RemediesSanction, LD & Warning Letters
Lottery Operator ContractLottery Operator Contract$1 Billion over life - $85M+ per
yearOver 1,000 deliverablesChange ordersContract compliance vendorApproximately 70 SanctionsApproximately 10 LD’s
Advertising ContractAdvertising Contract$32 M per yearAdvertising & Media PlanningReportingBilling and invoicingStaffing
Instant Ticket Instant Ticket ManufacturersManufacturers3 Contractors$19.5 M per year Approximately 75% of agency
sales are instant tickets85-90 instant games printed
each year
Simple vs. ComplexSimple vs. ComplexComplex
◦ Bonds and Insurance Required
◦ Long Contract Term◦ Significant Risk
Associated ◦ In-depth Background
Investigations◦ Many Sanctions or
Liquidated Damages◦ Extensive Terms &
Conditions
Simple◦ No Bonds or
Insurance◦ Short Contract Term◦ Limited Risk
Associated◦ Background
Certification◦ Few Sanctions or
Liquidated Damages◦ Minimal Terms &
Conditions
Questions?Questions?