34 Tex. Admin. Code § 20.133 - Training and Certification Program
(a)
Purpose. The purpose of these rules is to provide a uniform procedure through
which the division will train and certify individuals who conduct government
procurement functions.
(b)
Definitions. The following words and terms when used in this section shall have
the following meanings.
(1) Purchasing--The
receipt and processing of requisitions, development of specifications,
development of scope of work, the issuance of purchase orders against existing
cooperative or agency contracts, and the verification of the inspection of
merchandise or receipt of services by the agency. The term does not include the
development of solicitations and contract awards that must be posted to the
Electronic State Business Daily or in the Texas
Register.
(2) Contract
development--The term applies to actions taken prior to contract execution,
including the receipt and processing of requisitions, assessment of need,
development and review of specifications, development and review of scopes of
work, identification and selection of procurement methods, identification and
preparation of evaluation criteria, preparation of and advertising solicitation
documents, tabulation of respondent bids, evaluation of respondent proposals,
negotiation of proposals, and the preparation and completion of contract award
documents. The term does not include invoice or audit functions.
(3) Contract management--The term applies to
actions taken following contract execution, including the assessment of risk,
verification of contractor performance, monitoring compliance with deliverable
and reporting requirements, enforcement of contract terms, monitoring and
reporting of vendor performance, and ensuring that contract performance and
practices are consistent with applicable rules, laws and the State of Texas
Procurement Manual and Contract Management Guide.
(4) Procurement--The performance of any
purchasing, contract development, or contract management functions.
(5) Contractor--For purposes of this section,
a person other than a state agency employee retained by a state agency to
perform purchasing or contract development functions.
(c) Training required.
(1) Purchasing requirements. A state agency
employee or contractor must complete the division's Texas Purchasing Course to
engage in purchasing functions on behalf of a state agency if the employee or
contractor:
(A) has the job title of
"purchaser";
(B) performs
purchasing functions as 15% or more of their job functions; or
(C) makes a purchase in excess of
$10,000.
(2) Certified
Texas Contract Developer requirements.
(A) A
state agency employee or contractor must be certified as a Certified Texas
Contract Developer to engage in contract development functions on behalf of a
state agency and to issue a solicitation or contract award required to be
posted to the Electronic State Business Daily or in the Texas
Register.
(B) A Certified
Texas Contract Developer may conduct purchasing functions.
(3) Certified Texas Contract Manager
requirements. A state agency employee must be certified as a Certified Texas
Contract Manager to engage in contract management functions on behalf of a
state agency if the employee:
(A) has the job
title of "contract manager" or "contract administration manager" or "contract
technician";
(B) performs contract
management functions as 50% or more of their job functions; or
(C) manages any contract in excess of
$5,000,000.
(4)
Certified Texas Contract Manager exemption. In accordance with Government Code,
§
656.052(h)(2),
a contract manager whose contract management duties primarily relate to
contracts described by Government Code, §
2262.002(b)
is exempt from the contract management certification requirements of this
section.
(5) Licensed attorneys
exemption. A licensed attorney employed by a state agency performing
procurement or contract management functions described by this section is
exempt from the certification requirements of this section.
(d) Eligible applicants. To be
eligible to apply for and receive a certification, an applicant must be:
(1) a current Texas state or local government
employee;
(2) at the sole
discretion of the director, a contractor as defined in subsection (b)(5) of
this section; or
(3) at the sole
discretion of the director, a student:
(A)
currently enrolled in an accredited Texas university or community college;
or
(B) who has graduated within the
last three years from an accredited Texas university or community
college.
(e)
Requirements to receive certification.
(1) To
be a Certified Texas Contract Developer, an eligible applicant must:
(A) complete the Texas Contract Developer
Certification training course provided by the division;
(B) complete the division approved Texas
Contract Developer Certification examination with a score of 80% or
higher;
(C) have completed payment
for the course and the examination; and
(D) be issued a Texas Contract Developer
Certification.
(2) To be
a Certified Texas Contract Manager, an eligible applicant must:
(A) complete the Texas Contract Manager
Certification training course provided by the division;
(B) complete the division approved Texas
Contract Manager Certification examination with a score of 80% or
higher;
(C) have completed payment
for the course and the examination; and
(D) be issued a Texas Contract Manager
Certification.
(f) Training completion. To complete any
training required in this section, an eligible applicant must:
(1) register for the applicable training
using the electronic registration provided by the division on the official
comptroller website;
(2) provide
documentation of eligibility acceptable to the director;
(3) attend the applicable training course;
and
(4) receive confirmation of
course completion from the director.
(g) Certification examinations.
(1) To take any certification examination
required in this section, an eligible applicant must register to take the
examination using the electronic registration provided by the division on the
official comptroller website within:
(A) three
months of confirmation of completion of the applicable course by the director;
or
(B) the time period determined
at the sole discretion of the director with documented extenuating
circumstances not to exceed twelve months from confirmation of completion of
the applicable course.
(2) If an applicant receives a score of less
than 80% following completion of the course, the applicant shall have two
additional attempts to obtain a score of 80% or higher during a time period not
to exceed six months following completion of the course.
(3) If the applicant does not obtain a score
of 80% or higher after three attempts, the applicant must retake the applicable
training course prior to retaking the examination.
(h) Certification issuance.
(1) To be issued any certification in this
section, eligible applicants must within three months of the issuance of
examination completion with a score of 80% or higher, submit:
(A) an application provided by the division
on the official comptroller website; and
(B) any other documents required by the
director.
(2) If the
director determines that all applicable requirements have been satisfied, a
certification will be issued to the applicant.
(i) Continuing education.
(1) A procurement professional certified in
this section must complete twenty-four hours of in-person or online continuing
education every three years, one hour of which must be ethics, to maintain
certification. Twenty-three hours of the required hours must be
division-sponsored training and one hour may be an elective selected by the
professional, subject to division approval. The ethics requirement must be
satisfied by division-sponsored training.
(2) A procurement professional dual certified
in this section must complete thirty-six hours of in-person or online
continuing education every three years, one hour of which must be ethics, to
maintain dual certification. Thirty-four hours of the required hours must be
division-sponsored training and two hours may be elective courses selected by
the professional, subject to division approval. The ethics requirement must be
satisfied by division-sponsored training.
(3) A procurement professional certified in
this section is required to take the Renewal Refresher course offered by
division once every three years in order to maintain certification. The Renewal
Refresher course does not count towards continuing education hours.
(4) The Renewal Refresher course must be
completed no earlier than two years following the date of initial certification
or last renewal. Renewal Refresher courses completed prior to two years
following the date of initial certification or last renewal will not be
considered applicable to the Renewal Refresher requirement.
(5) Division-sponsored or elective course
continuing education will be counted as credit with the completion of the
course and approval of the continuing education course credit application. The
division will email a certificate of completion to the certified procurement
professional upon approval of the continuing education course credit
application. The same course may not be taken more than once per renewal period
for credit.
(j)
Certification renewal.
(1) Certifications
issued in this section expire three years following the date of
issuance.
(2) Procurement
professionals certified in this section must submit an application for
certification renewal at least thirty calendar days prior to the expiration
date of their certification.
(3)
The application must include a certificate of completion of the applicable
Renewal Refresher course, and certificates of completion of the division
sponsored continuing education required under this rule.
(4) If a certified procurement professional
allows the certification to expire, an extension may be requested within thirty
calendar days from the date of expiration. If the division approves the
extension, the certified procurement professional has sixty calendar days from
the date of extension approval to complete the requirements for renewal. If the
certified procurement professional does not complete the requirements during
the extension period, the initial certification requirements must be completed
to receive a new certification.
(5)
Certifications awarded or renewed under previous requirements are valid until
the date of first renewal.
Notes
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