34 Tex. Admin. Code § 5.54 - Consulting Services Contracts
(a) Definitions. The following words and terms, when used in this section, shall have the
following meanings, unless the context clearly indicates otherwise.
(1) Consulting service--A study conducted for a
state agency or advice provided to a state agency under a contract that does not involve the traditional relationship of employer and employee. The
term does not include a routine service that is necessary to the functioning of a state agency's programs.
(2) Institution of higher education--Has the meaning assigned by Education Code, §
61.003 except the term does not
include a public junior college or a community college.
(3) Major consulting services contract--Has the
meaning assigned by Government Code, §
2254.021(2).
(4) State
agency--Has the meaning assigned by Government Code, §
2151.002.
(5) University system--Has the
meaning assigned by Education Code, §
61.003.
(b) Applicability of this
section. This section applies to a consulting service only to the extent Government Code, Chapter 2254, Subchapter B, applies to that
service.
(c) Effect of noncompliance with this section or applicable statutes.
(1) If a state agency contracts for a consulting service or renews, amends, or extends a consulting services
contract without complying with the requirements of Government Code, §§
2254.028(a)(3),
2254.029, 2254.030, 2254.0301,
and 2254.033, if applicable, the contract, renewal, amendment, or extension is void.
(2) If a contract,
renewal, amendment, or extension is void under paragraph (1) of this subsection, the comptroller may not:
(A) draw a
warrant or transmit funds to satisfy an obligation under the contract, renewal, amendment, or extension; or
(B) reimburse a state agency for a payment made under the contract, renewal, amendment, or extension.
(3) If a contract, renewal, amendment, or extension is void under paragraph (1) of this subsection, a
state agency may not make any payments under the contract, renewal, amendment, or extension from any state or federal funds held in or outside the
state treasury.
(d) Procurement of consulting services by the comptroller. If the comptroller
procures a consulting service for a state agency under Government Code, §
2254.040, the comptroller must
comply with any requirements of this section and Government Code, Chapter 2254, Subchapter B that would apply if the agency were procuring the
consulting service directly.
(e) Purchase document requirements.
(1) In
addition to the requirements of paragraph (2) of this subsection, the purchase document submitted to the comptroller that requests payment under a
contract subject to that paragraph must be supported by the following documentation:
(A) a copy of the original
contract and, if the contract has been renewed, amended, or extended, a copy of the renewal, amendment, or extension;
(B) a copy of any written notice provided to the Legislative Budget Board under Government Code, §
2254.0301 if the amount of the
contract, including any renewal, amendment, or extension, exceeds $50,000 and the state agency requesting the payment is not a university system or
an institution of higher education; and
(C) a statement that the payment complies with Government Code,
§§
2155.004(a) -
(b), 2254.026, 2254.027, and 2254.033.
(2) This paragraph
applies when a purchase document is submitted to the comptroller that requests a payment under either a major consulting services contract (or a
renewal, amendment, or extension of a major consulting services contract) or a contract that was not originally a major consulting services contract
but whose value after renewal, amendment, or extension totals more than $15,000 if the state agency is not an institution of higher education or
$25,000 if the state agency is an institution of higher education. In addition to the requirements of paragraph (1) of this subsection, the document
must be supported by the following documentation:
(A) a reference to the solicitation ID of the Electronic State
Business Daily posting in which the requirements of Government Code, §
2254.029 and §
2254.030, and, if applicable,
Government Code, §
2254.028(c)
were fulfilled; and
(B) a copy of the governor's finding of fact that
the consulting services are necessary if the finding is required by Government Code, §
2254.028.
(3) A state agency that has received the governor's emergency waiver of the requirements of Government Code,
Chapter 2254, Subchapter B must include a copy of the waiver in the supporting documentation for the contract for which the waiver was
received.
(4) A state agency shall retain the supporting documentation required by this subsection and
provide that documentation to the comptroller as required by §
5.51 of this title (relating to Requirements for Purchase Documents).
Notes
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(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Consulting service--A study conducted for a state agency or advice provided to a state agency under a contract that does not involve the traditional relationship of employer and employee. The term does not include a routine service that is necessary to the functioning of a state agency 's programs.
(2) Institution of higher education--Has the meaning assigned by Education Code, § 61.003 except the term does not include a public junior college or a community college.
(3) Major consulting services contract--Has the meaning assigned by Government Code, § 2254.021(2).
(4) SPD--The Statewide Procurement Division of the comptroller 's office.
(5) State agency --Has the meaning assigned by Government Code, § 2151.002.
(b) Applicability of this section. This section applies to a consulting service only to the extent Government Code, Chapter 2254, Subchapter B, applies to that service.
(c) Effect of noncompliance with this section or applicable statutes.
(1) If a state agency contracts for a consulting service or renews, amends, or extends a consulting services contract without complying with the requirements of subsection (d) of this section and Government Code, §§ 2254.029, 2254.030, 2254.0301, and 2254.033, then the contract, renewal, amendment, or extension is void.
(2) If a contract, renewal, amendment, or extension is void under paragraph (1) of this subsection, then the comptroller may not:
(A) draw a warrant or transmit funds to satisfy an obligation under the contract, renewal, amendment, or extension; or
(B) reimburse a state agency for a payment made under the contract, renewal, amendment, or extension.
(3) If a contract, renewal, amendment, or extension is void under paragraph (1) of this subsection, then a state agency may not make any payments under the contract, renewal, amendment, or extension from any state or federal funds held in or outside the state treasury.
(d) Renewals, amendments, or extensions of consulting services contracts.
(1) A state agency must comply with this paragraph when the agency intends to renew, amend, or extend a major consulting services contract.
(A) If the renewal contract itself is not a major consulting services contract or if the contract after the amendment or extension is no longer a major consulting services contract, then the agency shall file the information required by Government Code, § 2254.030 with the secretary of state for publication in the Texas Register. The information must be filed not later than the 20th day after either the date the renewal contract is entered into or the date the original contract is amended or extended.
(B) If the renewal contract itself is a major consulting services contract or if the contract after the amendment or extension is still a major consulting services contract, then the agency shall comply with the requirements of Government Code, § 2254.028(a) and § 2254.029.
(2) A state agency that intends to renew, amend, or extend a consulting services contract that is not a major consulting services contract shall comply with the requirements of Government Code, § 2254.028(a) and § 2254.029 if the original contract and either the renewal contract, the amendment, or the extension have a reasonably foreseeable value totaling more than $15,000 if the agency is not an institution of higher education or $25,000 if the agency is an institution of higher education.
(e) Procurement of consulting services by SPD. If SPD procures a consulting service for a state agency under Government Code, § 2254.040, then SPD must comply with any requirements of this section and Government Code, Chapter 2254, Subchapter B that would apply if the agency were procuring the consulting service directly.
(f) Purchase document requirements.
(1) In addition to the requirements of paragraph (2) of this subsection, the purchase document submitted to the comptroller that requests payment under a contract subject to that paragraph must be supported by the following documentation:
(A) a copy of the original contract and, if the contract has been renewed, amended, or extended, a copy of the renewal, amendment, or extension;
(B) a copy of any written notice provided to the Legislative Budget Board under Government Code, § 2254.0301 if the amount of the contract, including any renewal, amendment, or extension, exceeds $14,000; and
(C) a statement that the payment complies with Government Code, §§ 2155.004(a) - (b), 2254.026, 2254.027, and 2254.033.
(2) This paragraph applies when a purchase document is submitted to the comptroller that requests a payment under either a major consulting services contract (or a renewal, amendment, or extension of a major consulting services contract) or a contract that was not originally a major consulting services contract but whose value after renewal, amendment, or extension totals more than $15,000 if the payer is not an institution of higher education or $25,000 if the payer is an institution of higher education. In addition to the requirements of paragraph (1) of this subsection, the document must be supported by the following documentation:
(A) a reference to the volume and page numbers of the Texas Register in which the requirements of Government Code, § 2254.029 and § 2254.030, and, if applicable, Government Code, § 2254.028(c) and § 2254.033(b) were fulfilled; and
(B) a copy of the governor's finding of fact that the consulting services are necessary if the finding is required by Government Code, §§ 2254.028, 2254.031(a)(2), or 2254.031(c)(2), or by any combination of those statutes.
(3) A state agency that has received the governor's emergency waiver of the requirements of Government Code, Chapter 2254, Subchapter B must include a copy of the waiver in the supporting documentation for the contract for which the waiver was received.
(4) A state agency shall retain the supporting documentation required by this subsection and provide that documentation to the comptroller as required by § 5.51 of this title (relating to Requirements for Purchase Documents).