Authority/Reference(s) State of Texas Procurement and Contract Management GuideTexas Government Code §226234 Texas Administrative Code §20.115
Revision Date October 1, 2020

Policy

When there is reasonable certainty that the terms of a contract have been accomplished and there is no intent to renew or extend the contract, contract staff must closeout the contract. This may occur when the term of the contract expires or after either party has terminated the contract.

If the Contractor has provided any services within the current fiscal year, the contractor must submit all financial, performance and other required reports and liquidate all obligations no later than 90 calendar days after contract termination/expiration, unless prior approval by DFPS is given.

Unless otherwise stated in the contract, the closeout process must be completed within 120 calendar days of contract termination at which point the contract should also be formally closed out in SCOR.

Contract staff are responsible for ensuring that the interests of DFPS are protected by coordinating, communicating, and documenting closeout requirements. Contract staff should coordinate with appropriate DFPS contracting and program areas, Contracts Legal (as needed), and the contractor to ensure closeout requirements are met.

Closeout Requirements

Contract staff must ensure the below activities are assessed during the contract closeout process, as applicable to their contracts.

  • The terms and conditions of the contract have been met
  • All goods and services have been received and accepted
  • All articles, material, report data, and exhibits have been delivered or accepted, if applicable
  • Arrangements have been made for transferring client caseloads and files to a new contractor, if applicable
  • Intellectual property, supplies, and disposition of equipment have been inventoried
  • The contractor has identified outstanding invoices and developed a plan for resolution
    • Obligated funds should match the total payments made to the contractor, including the final payment. If any budgeted funds are remaining, contract staff must contact the DFPS Procurement Support at ACCCODES@dfps.state.tx.us.
  • Review actual contract performance against the performance measures, goals and objectives to determine if the contract is complete
  • Outstanding monitoring findings and audit issues are documented and resolved
  • The contractor is made aware of the record retention requirement
  • All DFPS system access (e.g. network, IMPACT) is terminated for all external personnel associated with the contractor or subcontractor(s)
    • Contract staff must coordinate with IT to ensure the removal of rights for any DFPS system(s) for which the contractor’s personnel (or their subcontractors) were granted access, within 24 hours of employee termination or contract termination. (This includes, but is not limited to, ensuring that a removal eMAC is submitted and processed for all external access rights granted in relation to the contract. PMET is excluded, as it is a self-maintained system.