An overview of the State Auditor's Office results reported for audits of state agencies' and higher education institutions' contracting processes from March 2016 through June 2023.
This summary report provides an overview of the State Auditor’s Office (SAO) results reported for audits of state agencies' and higher education institutions' contracting processes from March 2016 through June 2023. During this time period, the SAO issued 62 audit reports with a significant focus on the State's contracting activities.
Agencies in the State of Texas use contracts as a mechanism to accomplish many of the State's basic and critical functions, including:
These contracts can be large and complex, span multiple years, and require vendors or subcontractors to perform the critical functions.
Due to the State's reliance on contracting for the delivery of critical services, the SAO has conducted a series of audits on this topic. SAO audits have identified deficiencies at many state agencies and higher education institutions and in all phases of the contracting process.
Audit results are organized by General Appropriations Act article, state entity, and audit report within each contracting phase.
Each audit report included in the summary is hyperlinked to the full report available on the SAO’s Web site. In addition, each chapter/sub-chapter is hyperlinked to the applicable section of the audit report. Additional SAO reports are available via the SAO’s online report search tool at https://www.sao.texas.gov.
This information is subject to change because it is updated periodically to incorporate the results from SAO reports with a significant focus on contracting activities as they are released. The reports discussed in this summary reflect the results of audits whose primary objectives related to contracting and do not reflect the entire scope of work performed by the SAO on contracting activities in the state.
Contracting requirements are intended to help state entities promote competition, obtain the best price or best value, and contract with the most qualified vendors.
Several state agencies are charged with developing guidance and providing oversight of the State’s contracting activities. The Office of the Comptroller of Public Accounts (Comptroller) includes the Chief Procurement Officer for the State, who publishes the State of Texas Procurement and Contract Management Guide to provide contracting guidance and a framework for procurement professionals in state government. The Comptroller also provides training on contract management. State statute authorizes several state entities to monitor and provide oversight of various contracting activities, including the SAO, Comptroller, Legislative Budget Board, Department of Information Resources, Contract Advisory Team, and Quality Assurance Team.
Define the business need and establish the procurement procedures.
Identify the appropriate procurement method and, if applicable, issue a solicitation.
Fairly and objectively select the vendor that provides best value to the State.
Ensure that the awarded contract complies with applicable procurement law and contains provisions that achieve the procurement objectives.
Administer and enforce the terms of the contract.
The SAO released 62 reports of audits on state agencies and higher education institutions with a significant focus on contracting activities from March 2016 through June 2023.
The objective(s) and scope of every audit are based on a risk assessment and can vary among the contracting audits. Therefore, the SAO may not test all contracting phases in every audit, with the high-risk and high-impact processes, controls, and contracts being tested more frequently. In addition, the results compiled for this summary are intended to present the most common and significant findings discussed in SAO contracting audits.
The charts below provide highlights of the results reported in SAO contracting audits. After those charts are descriptions of the most common weaknesses identified for each phase of the contracting cycle.
The chart below shows the number of SAO audit reports released from March 2016 through June 2023 that contained contracting results by contracting phase. As SAO audits often address many phases of the contracting cycle, a report could be captured in multiple phases in the chart below. The Management and Oversight phase was addressed most frequently in SAO audit reports. Click on the contracting phase for additional information.
The chart below shows the significance of the results reported in SAO contracting audits released from March 2016 through June 2023. As indicated below, the most common issue rating in SAO contracting audit reports was medium. Individual results contribute to the overall chapter/sub-chapter issue ratings in each audit report. See the Issue Ratings section for a description of each rating.
Click on each issue rating category below to view the applicable chapter(s)/sub-chapter(s) in the corresponding audit reports by state entity.
The chart below shows the number of SAO audits released from March 2016 through June 2023 that reported results by phase of the contracting cycle and captures the significance of those results by issue rating. SAO audits often address many phases of the contracting cycle and report results across the ratings scale; as a result, a report and rating could be captured in multiple phases in the chart below. The planning and vendor selection phases had the most significant (priority rated) issues. Priority rated issues if not addressed could critically affect the state entity’s ability to effectively administer the function audited.
Planning is the first phase in the contract management process. Proper planning involves development of several elements to help state entities consider all of the factors necessary to achieve the desired outcomes from the contract through the following:
Ensuring that contract and purchasing staff and members of the governing body, if applicable, are adequately trained, qualified, and/or certified to complete their responsibilities related to the contract.
Conducting the required planning steps, including a needs assessment and cost estimate.
Complying with additional requirements, such as ensuring that policies and procedures to guide the state entity’s activities during the planning phase are in place and align with the State of Texas Procurement and Contract Management Guide.
The chart below shows the number of SAO audit reports that identified weaknesses in planning that were rated medium, high, or priority. The most prevalent planning weaknesses identified in SAO reports were related to required planning and documentation. SAO audits address many elements of contracting requirements; therefore, a report could be listed for multiple areas in the chart below.
In addition to the weaknesses noted above, 18 reports contained results for the planning phase that were rated low, which indicates that auditors identified strengths or issues that do not present significant risks.
To view the results related to planning in SAO contracting audit reports, click on the button below.
Procurement is the second phase in the contracting cycle. The primary purpose of this phase is to select the appropriate procurement method, define the statement of work for the contract, and obtain the necessary approvals for the contract solicitation through the following:
Selecting the appropriate procurement method, such as a request for proposal or invitation for bids, advertising the solicitation, and public bid opening, if applicable.
Developing key solicitation documentation and a clearly defined statement of work. This should include contractor qualifications, proposal submission requirements, methods for monitoring contractor performance, and criteria for determining satisfactory contract completion.
Complying with additional requirements, such as ensuring that policies and procedures to guide the state entity’s activities during the procurement phase are in place and align with the State of Texas Procurement and Contract Management Guide.
The chart below shows the number of SAO audit reports that identified weaknesses in procurement that were rated medium, high, or priority. The most prevalent procurement weaknesses identified in SAO reports were related to solicitation process. SAO audits address many elements of contracting requirements; therefore, a report could be listed for multiple areas in the chart below.
In addition to the weaknesses noted above, 13 reports contained results for the procurement phase that were rated low, which indicates that auditors identified strengths or issues that do not present significant risks.
To view the results related to procurement in SAO contracting audit reports, click on the button below.
Vendor Selection is the third phase in the contracting cycle. This phase helps to ensure that contract proposals are evaluated in a fair and transparent manner and decisions are adequately supported through the following:
Ensuring that scoring criteria is consistently applied and scores are accurately tabulated during the evaluation process.
Ensuring that the state entity’s purchasing and contract management personnel, the bid evaluation team, and the vendor complete conflict of interest and other required disclosures.
Ensuring that contracts exempt from competitive bidding, such as emergency purchases and if the agency received only one bid in response to the bid solicitation, comply with applicable requirements.
Complying with additional requirements, such as ensuring that policies and procedures to guide the state entity’s activities during the vendor selection phase are in place and align with the State of Texas Procurement and Contract Management Guide.
The chart below shows the number of SAO audit reports that identified weaknesses in vendor selection that were rated medium, high, or priority. The most prevalent vendor selection weaknesses identified in SAO reports were related to conflicts of interest and other required disclosures. SAO audits address many elements of contracting requirements; therefore, a report could be listed for multiple areas in the chart below.
In addition to the weaknesses noted above, 14 reports contained results for the vendor selection phase that were rated low, which indicates that auditors identified strengths or issues that do not present significant risks.
To view the results related to vendor selection in SAO contracting audit reports, click on the button below.
Formation is the fourth phase in the contracting cycle. During this phase, contract negotiations occur, terms are finalized, and a contract is executed. This phase helps ensure that the State’s interests are protected through the following:
Including key contract elements, such as a scope of work, defined deliverables, dispute resolution, price, right to audit, specifications, and indemnification.
Ensuring the contract is reviewed by appropriate personnel.
Complying with requirements related to contract notification and reporting to the Legislative Budget Board and other oversight entities and posting contract information on the state entity’s Web site, if applicable.
Having a formal contract amendment or change management process to ensure that amendments receive proper approval, changes are within the scope of the solicitation, and changes are initiated by appropriate personnel.
Complying with additional requirements, such as ensuring that policies and procedures to guide the state entity’s activities during the formation phase are in place and align with the State of Texas Procurement and Contract Management Guide.
The chart below shows the number of SAO audit reports that identified weaknesses in contract formation that were rated medium, high, or priority. The most prevalent formation weaknesses identified in SAO reports were related to reporting.
In addition to the weaknesses noted above, 18 reports contained results for the formation phase that were rated low, which indicates that auditors identified strengths or issues that do not present significant risks.
To view the results related to formation in SAO contracting audit reports, click on the button below.
Management and Oversight is the final phase in the contracting cycle. The primary purpose of this phase is to monitor and enforce the terms of the contract to ensure a satisfactory outcome through the following:
Ensuring that payments to the vendor are approved, timely, adequately supported, and comply with contract terms.
Completing a monitoring risk assessment, monitoring key deliverables and performance metrics, and requiring corrective action, when necessary.
Reporting vendor performance to the Comptroller, as required.
Verification that contract obligations have been met.
Complying with additional requirements, such as ensuring that policies and procedures to guide the state entity’s activities during the management and oversight phase are in place and align with the State of Texas Procurement and Contract Management Guide.
The chart below shows the number of SAO audit reports that identified weaknesses in management and oversight that were rated medium, high, or priority. The most prevalent management and oversight weaknesses identified in SAO reports were related to performance monitoring. SAO audits address many elements of contracting requirements; therefore, a report could be listed for multiple areas in the chart below.
In addition to the weaknesses noted above, 28 reports contained results for the management and oversight phase that were rated low, which indicates that auditors identified strengths or issues that do not present significant risks.
To view the results related to management and oversight in SAO contracting audit reports, click on the button below.
The Other category captures the results related to contracting that fall outside the scope of a standard SAO contracting audit. The SAO issued 12 audit reports that fall into this category, which includes:
Audit reports of the Health and Human Services Commission’s contracts with managed care organizations (MCOs) and audits of MCO vendors. The SAO has conducted a series of MCO-related audits and identified these separately due to their unique design, complexity, and approach.
Additional requirements that are not addressed in the contracting phases above.
To view the results related to other in SAO contracting audit reports, click on the button below.
The State Auditor's Office released 62 audit reports at state agencies and higher education institutions with a significant focus on contracting activities from March 2016 through June 2023. The results in each report are noted by contracting phase below. Individual results contributed to the overall chapter/sub-chapter issue ratings and the most significant rating included in the report for each phase is listed.
See the Issue Ratings section for additional information about the rating categories.
Report Title | Report Number | Release Date | Planning | Procurement | Vendor Selection | Formation | Management and Oversight | Other |
---|---|---|---|---|---|---|---|---|
An Audit Report on Contract Management at the Texas Civil Commitment Office | 23-034 | 6/28/2023 |
|
|
|
|||
An Audit Report on the Department of Criminal Justice's Oversight Processes for the Management & Training Corporation Contracts for Pre-release Services | 23-030 | 5/26/2023 |
|
|||||
An Audit Report on Contracting at the Department of Housing and Community Affairs | 23-029 | 5/22/2023 |
|
|
||||
An Audit Report on Healthcare Services at the Juvenile Justice Department | 23-027 | 5/19/2023 |
|
|||||
An Audit Report on the Health and Human Services Commission's Medicaid Managed Care Rate-setting Process | 23-005 | 10/26/2022 |
|
|
|
|
|
|
An Audit Report on Cook Children's Health Plan, a Managed Care Organization | 22-036 | 7/18/2022 |
|
|||||
An Audit Report on Contracting at The University of Texas Health Science Center at Houston | 22-026 | 4/12/2022 |
|
|
|
|
|
|
An Audit Report on the Health and Human Services Commission's Oversight of the Medical Transportation Program | 22-021 | 3/16/2022 |
|
|
||||
An Audit Report on the Prescription Monitoring Program at the Board of Pharmacy | 22-010 | 12/15/2021 |
|
|||||
An Audit Report on Contracting at the Texas Workforce Commission | 22-004 | 10/5/2021 |
|
|
|
|
||
An Audit Report on Selected Texas State Veterans Homes Contract Functions at the General Land Office and Veterans’ Land Board | 22-003 | 10/4/2021 |
|
|
|
|
||
An Audit Report on Selected Contracting Functions at the Texas Education Agency | 21-029 | 8/23/2021 |
|
|
|
|
|
|
An Audit Report on a Selected Contract at the Department of Information Resources | 21-018 | 5/6/2021 |
|
|
|
|||
An Audit Report on Selected Contracting Functions at the Health and Human Services Commission | 21-007 | 1/15/2021 |
|
|
|
|
||
An Audit Report on Deferred Maintenance Projects at the Texas Facilities Commission | 20-042 | 8/31/2020 |
|
|
||||
An Audit Report on Contracting Processes at the Texas State University System | 20-037 | 7/30/2020 |
|
|
|
|
|
|
An Audit Report on Financial Management Processes at the Higher Education Coordinating Board | 20-035 | 6/29/2020 |
|
|
|
|
|
|
An Audit Report on Texas Children's Health Plan, a Managed Care Organization | 20-032 | 6/11/2020 |
|
|||||
An Audit Report on Contract Change Management at the Department of Transportation | 20-027 | 3/26/2020 |
|
|
||||
An Audit Report on Contracting at the University of Houston | 20-020 | 1/15/2020 |
|
|
|
|
||
An Audit Report on the Health and Human Services Commission's Use of Remedies in Managed Care Contracts | 20-008 | 11/1/2019 |
|
|||||
An Audit Report on Hurricane Harvey Disaster Recovery Funds Administered by the General Land Office | 20-006 | 10/25/2019 |
|
|
||||
An Audit Report on Facilities-related Contracts at the Department of Transportation | 19-050 | 8/28/2019 |
|
|
|
|
|
|
An Audit Report on Contracting at the Juvenile Justice Department | 19-043 | 7/25/2019 |
|
|
|
|
|
|
An Audit Report on the Vendor Performance Tracking System at the Office of the Comptroller of Public Accounts and Its Use by the Texas Workforce Commission and the Parks and Wildlife Department | 19-042 | 7/18/2019 |
|
|
|
|||
An Audit Report on Contracting at the Texas Tech University System | 19-041 | 7/15/2019 |
|
|
|
|
||
An Audit Report on the Texas Peer Assistance Program for Nurses | 19-036 | 6/11/2019 |
|
|
||||
An Audit Report on Selected Contracts at The University of Texas System | 19-032 | 2/26/2019 |
|
|
||||
An Audit Report on Selected Contracts at the Department of Motor Vehicles | 19-029 | 2/13/2019 |
|
|
|
|||
An Audit Report on the Health and Human Services Commission's System of Contract Operation and Reporting | 19-028 | 2/5/2019 |
|
|
||||
An Audit Report on Medicaid Managed Care Contract Processes at the Health and Human Services Commission | 19-025 | 1/29/2019 |
|
|||||
An Audit Report on Information Technology Contract Oversight at the Department of Transportation | 19-024 | 1/30/2019 |
|
|||||
An Audit Report on Selected Contracts at the Historical Commission | 19-023 | 1/22/2019 |
|
|
|
|
|
|
An Audit Report on Selected Capitol Complex Project Contracts at the Texas Facilities Commission | 19-016 | 12/20/2018 |
|
|
|
|
|
|
An Audit Report on Amerigroup Texas, Inc. and Amerigroup Insurance Company, a Managed Care Organization | 19-011 | 11/27/2018 |
|
|||||
An Audit Report on Selected Contracts at the Health and Human Services Commission | 19-010 | 11/26/2018 |
|
|
|
|
|
|
An Audit Report on A Selected Contract at the University of North Texas System | 19-001 | 9/4/2018 |
|
|
|
|
||
An Audit Report on Selected Contracts at the Texas Education Agency | 18-044 | 8/31/2018 |
|
|
|
|
|
|
An Audit Report on Scoring and Evaluation of Selected Procurements at the Health and Human Services Commission | 18-038 | 7/13/2018 |
|
|||||
An Audit Report on the Health and Human Services Commission's Family Violence Program | 18-028 | 5/11/2018 |
|
|
||||
An Audit Report on a Selected Contract at the Department of State Health Services | 18-025 | 4/12/2018 |
|
|
|
|
|
|
An Audit Report on Selected Facilities Support Services Agreements and Special Projects at Selected Universities in the Texas A&M University System | 18-024 | 4/12/2018 |
|
|
|
|||
An Audit Report on Foster Care Redesign at the Department of Family and Protective Services | 18-022 | 3/12/2018 |
|
|||||
An Audit Report on the Health and Human Services Commission's Management of Its Medicaid Managed Care Contract with Superior HealthPlan, Inc. and Superior HealthPlan Network, and Superior's Compliance with Reporting Requirements | 18-015 | 1/25/2018 |
|
|||||
An Audit Report on Contracting Processes in the Parks and Wildlife Department's Infrastructure Division | 18-008 | 12/15/2017 |
|
|
|
|
||
An Audit Report on Selected Contracts at Stephen F. Austin State University | 17-042 | 7/27/2017 |
|
|
|
|
|
|
An Audit Report on Selected Contracts at the Commission on State Emergency Communications | 17-041 | 7/27/2017 |
|
|
|
|
|
|
An Audit Report on Selected Contracts at the Office of the Attorney General | 17-039 | 6/14/2017 |
|
|
|
|
|
|
An Audit Report on Selected Contracts at the Department of Information Resources | 17-038 | 6/14/2017 |
|
|
|
|
||
An Audit Report on Selected Contracts at the Department of Criminal Justice | 17-032 | 5/2/2017 |
|
|
|
|
|
|
An Audit Report on Selected Contracts at the Commission on Environmental Quality | 17-029 | 3/28/2017 |
|
|
|
|
||
An Audit Report on HealthSpring Life and Health Insurance Company, Inc., a Medicaid STAR+PLUS Managed Care Organization | 17-025 | 2/15/2017 |
|
|||||
An Audit Report on Selected Texas Education Agency Contracts and Grant with Education Service Centers | 17-013 | 11/30/2016 |
|
|
|
|||
An Audit Report on the Texas Multiple Award Schedule (TXMAS) Contracts Program at the Office of the Comptroller of Public Accounts | 17-010 | 10/20/2016 |
|
|
|
|
||
An Audit Report on Medicaid Managed Care Contract Processes at the Health and Human Services Commission | 17-007 | 10/13/2016 |
|
|||||
An Audit Report on Human Resources Contract Management at the Health and Human Services Commission | 17-004 | 10/10/2016 |
|
|
|
|
||
An Audit Report on the Texas Education Agency's Procurement and Oversight of Texas Virtual School Network Contracts | 17-002 | 9/12/2016 |
|
|
|
|
|
|
An Audit Report on Selected Design-build Contracts at the Department of Transportation | 16-037 | 8/22/2016 |
|
|
|
|
|
|
An Audit Report on a Selected Contract at the Department of State Health Services | 16-031 | 6/28/2016 |
|
|
|
|
||
An Audit Report on the Texas Lottery Commission's Administration of Selected Instant Ticket Contracts | 16-028 | 5/20/2016 |
|
|
|
|
||
An Audit Report on Selected Contracts at the Department of Public Safety | 16-023 | 5/3/2016 |
|
|
||||
An Audit Report on Selected Agencies' Use of Department of Information Resources Information Technology Staffing Services Contracts | 16-020 | 3/29/2016 |
|
|
|
|
Auditors use professional judgement to rate the audit findings identified in certain audit reports. For each report, the issue ratings are summarized in the report chapters/sub-chapters. Auditors determine the ratings based on the degree of risk or effect of the findings in relation to the audit objective(s).
Low
The audit identified strengths that support the audited entity’s ability to administer the program(s)/function(s) audited or the issues identified do not present significant risks or effects that would negatively affect the audited entity’s ability to effectively administer the program(s)/function(s) audited.
Medium
Issues identified present risks or effects that if not addressed could moderately affect the audited entity’s ability to effectively administer program(s)/function(s) audited. Action is needed to address the noted concern(s) and reduce risks to a more desirable level.
High
Issues identified present risks or effects that if not addressed could substantially affect the audited entity’s ability to effectively administer the program(s)/function(s) audited. Prompt action is essential to address the noted concern(s) and reduce risks to the audited entity.
Priority
Issues identified present risks or effects that if not addressed could critically affect the audited entity’s ability to effectively administer the program(s)/function(s) audited. Immediate action is required to address the noted concern(s) and reduce risks to the audited entity.