22 Tex. Admin. Code § 272.3 - Contract and Purchasing Procedures
(a)
In accordance with §
2155.076 of the
Government Code, the Board adopts by reference the rules of the Comptroller of
Public Accounts regarding purchasing protest procedures set forth in 34 TAC,
Part 1, Chapter 20, Subchapter F, Division 3. All vendor protests under this
rule must be submitted to the Board's purchaser, who shall initiate a review of
the protest. Any appeal to a determination of a protest by the purchaser shall
be to the Executive Director, who may elect to submit the appeal to the Board
for final determination. The Board shall maintain all documentation on the
purchasing process that is the subject of a protest or appeal in accordance
with the Board's retention schedule.
(b) In accordance with §
2156.005 of the
Government Code, the Board adopts by reference the rules of the Comptroller of
Public Accounts regarding bid opening and tabulation set forth in 34 TAC, Part
1, Chapter 20, Subchapter C, Division 2.
(c) In accordance with §
2260.052 of the
Government Code, the Board adopts by reference the rules of the Office of the
Attorney General in 1 TAC Part 3, Chapter 68 (relating to Negotiation and
Mediation of Certain Contract Disputes). The rules set forth a process to
permit parties to structure a negotiation or mediation in a manner that is most
appropriate for a particular dispute regardless of the contract's complexity,
subject matter, dollar amount, or method and time of performance.
(d) In accordance with §
2261.202 of the
Government Code, the Executive Director shall be responsible for monitoring
agency contracts and for monitoring agency compliance with all applicable laws
governing agency contracting. The Executive Director may delegate those duties
necessary to carry out this responsibility to other agency staff who report
directly to the Executive Director.
(e) Enhanced Contract and Performance
Monitoring.
(1) The Board will complete a
risk assessment to identify procurement contracts for goods or services from a
private vendor that require enhanced contract or performance monitoring.
(2) For all contracts with a value
greater than $25,000, the Executive Director will complete a risk assessment to
evaluate whether enhanced contract or performance monitoring may be required.
The risk assessment may consider the following factors: total cost of the
contract, including contract renewals; risk of loss to the agency under the
contract; risk of fraud, waste or abuse; scope of the goods or services
provided; availability of agency resources; complexity of the contract; vendor
past performance; and whether the vendor is a foreign or domestic person or
entity.
(3) Contracts identified
for enhanced contract and/or performance monitoring will be reported to the
Board at the first regular Board meeting after the contract is executed. The
report shall include: the basis for the determination that enhanced contract or
performance monitoring is appropriate; any serious issues or risks identified
with the contract, if applicable; and the plan for carrying out the enhanced
contract or performance monitoring.
(4) For any contract subject to enhanced
contract or performance monitoring, the Executive Director shall provide the
Board with progress reports, as directed by the Board.
(5) This section does not apply to a
memorandum of understanding, interagency contract, interlocal agreement, or
contract for which there is not a cost.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.