1 Tex. Admin. Code § 251.8 - Regional Planning Commission Procurement of 9-1-1 Equipment and Services with 9-1-1 Funds
(a) Purpose. The
purpose of this rule is to implement the Texas Uniform Grant Management
Standards (UGMS) for purchases of 9-1-1 equipment and services made with 9-1-1
funds. Instructions provided in this rule are in addition to the direction
provided in UGMS. This rule is not intended to prohibit a regional planning
commission (RPC) from implementing more stringent competitive procurement
practices.
(b) Funding. Funds
allocated for the procurement of 9-1-1 equipment and services will be subject
to Commission funding priorities and policies.
(c) Statewide Procurement. The Commission
reserves the right to procure 9-1-1 equipment and services for the State
program based on best value and upon determination of which goods or services
are in the best interest of the State program. In instances of statewide
procurement, the Commission will work with the RPCs and local governments to
ensure that purchases are consistent with local 9-1-1 system infrastructure and
best meet the needs of the local governments.
(d) Industry Standard. All purchases of 9-1-1
equipment and services shall be consistent with the current industry standard.
The authority for the industry standard for 9-1-1 networks, equipment, and
databases is the National Emergency Number Association (NENA).
(e) Competitive Procurement Required.
Competitive procurement is required for all Capital Purchases.
(1) Exceptions for sole source may be used
when consistent with UGMS. Prior written concurrence from the Commission is
required for any sole source purchase expected to exceed $25,000.
(2) Purchases made by RPCs through a state
agency or other qualified cooperative purchasing program shall satisfy this
section of the rule.
(3) Purchases
of tariffed goods or services meeting the definition of capital purchases are
subject to competitive procurement. An RPC may not contract to pay a vendor an
amount higher than its tariffed price.
(4) Modifications to leases with a
nonrecurring cost of greater than $5,000 are considered capital purchases
subject to competitive procurement.
(f) Historically Underutilized Businesses
(HUBs). RPCs shall take affirmative steps to contract with HUBs according to
the RPC's HUB plan included in the regional strategic plan.
(g) Record Retention. All procurement records
must be maintained by RPCs in accordance with UGMS and each RPC's record
retention policy. Documentation will be made available to the Commission upon
request.
(h) Code of Ethics. An RPC
employee, whose salary is funded in whole or in part with 9-1-1 Funds, shall
adhere to the following ethical standards. Each RPC shall establish a policy to
ensure that this code of ethics is addressed in the procurement of all 9-1-1
equipment and services and provide a copy of this policy to the Commission upon
request. RPC employee may not:
(1)
Participate in work on a contract by taking action as an employee through
decision, approval, disapproval, recommendation, giving advice, investigation
or similar action knowing that the employee, or member of their immediate
family, has an actual or potential financial interest in the contract,
including prospective employment;
(2) Solicit or accept anything of value from
a vendor or potential vendor;
(3)
Be employed by, or agree to work for, a vendor or potential vendor;
or
(4) Knowingly disclose
confidential information for personal gain.
(i) Compliance. If an RPC fails to comply
with the provisions of this rule, the Commission may take action to recover any
excessive costs clearly shown to have been paid as a result of infractions of
this rule.
(j) Applicability of
State Procurement Statutes. To the extent of any conflict between this rule and
applicable state statutes prescribing procurement methods, such statutes shall
be followed.
(k) Applicability to
an Emergency Communications District (ECD). The requirements set forth in this
rule also apply to an ECD awarded equalization surcharge by the
commission.
Notes
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