19 Tex. Admin. Code § 1.16 - Contracts, Including Grants, for Materials and/or Services
(a) The Board delegates to the Commissioner
authority to approve and enter into all payable and receivable Agreements,
including contracts, grants, and other agreements, and interagency contracts
for which the Agreement, inclusive of all amendments, totals $5 million or
less.
(1) The Commissioner is authorized to
approve and sign all Agreements that total up to $5 million, inclusive of all
amendments subject to the notification requirements in paragraph (2) of this
subsection.
(2) The Commissioner
shall provide written notification to the Board Chair, Board Vice Chair, and
Chair of the Agency Operations committee of any Agreement that totals $1
million or more, inclusive of all amendments, prior to execution of the
Agreement.
(3) For each contract
for the purchase of goods or services that has a value exceeding $1 million,
there must be contract reporting requirements that provide information on the
following:
(A) compliance with financial
provisions and delivery schedules under the contract;
(B) corrective action plans required under
the contract and the status of any active corrective action plan; and
(C) any liquidated damages assessed or
collected under the contract.
(D)
Verification is required of:
(i) the accuracy
of any information reported under this subsection that is based on information
provided by a contractor; and
(ii)
the delivery time of goods or services scheduled for delivery under the
contract.
(b) Any Agreement exceeding $5 million,
inclusive of all amendments, requires Board approval prior to execution of the
contract or other Agreement, except those described in paragraph (1) of this
subsection. The Commissioner is authorized to sign an Agreement or amendment
that totals more than $5 million that has been approved by the Board.
(1) Agreements exceeding $5 million that the
agency is required by law to enter into, i.e., those that are appropriated to
the agency as non-discretionary funding to a third party, do not require Board
approval and are delegated to the Commissioner for approval and
signature.
(2) For each contract
for the purchase of goods or services that has a value totaling $5 million or
more, the procurement director must:
(A)
verify in writing that the solicitation and purchasing methods and contractor
selection process comply with state law and agency policy; and
(B) submit to the Board information on any
potentially significant issue that may arise in the solicitation, purchasing,
or contractor selection process.
(c) In addition to the Commissioner, the
following employees have authority to approve an Agreement:
(1) A Deputy or Associate Commissioner if the
Agreement, inclusive of all amendments, totals $100,000 or less.
(2) An Assistant Commissioner, in addition to
a Deputy or Associate Commissioner, with primary oversight of a particular
Agreement if the Agreement, inclusive of all amendments, totals $10,000 or
less.
(d) The
Commissioner shall provide a report to the Board, at least quarterly,
describing all Agreements entered into by the agency during the preceding
quarter, the total of which, inclusive of all amendments, is $10,000 or
greater.
(e) The Board shall, in an
open meeting, consider any material change to all contracts for goods or
services awarded under Texas Government Code, Chapter 2155. A material change
to a contract includes extending the length or postponing the completion of a
contract for six months or more; or increasing the total consideration to be
paid under a contract by at least 10 percent, including by substituting certain
goods, materials, products, or services. Goods are supplies, materials, or
equipment. Services are the furnishing of skilled or unskilled labor or
professional work but do not include a professional service subject to
Subchapter A, Chapter 2254, Texas Government Code, service of a state employee,
consulting service or service of a consultant as defined by Subchapter B,
Chapter 2254, or the service of a public utility.
(f) Agency staff shall utilize THECB's
Procurement and Contract Management Handbook or Grant Management guidelines and
the THECB's Risk Assessment tool to determine which Agreements require enhanced
contract or grant monitoring.
Notes
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