40 Tex. Admin. Code § 805.41 - Procurement and Contracting

(a) Eligible grant recipients shall compete for funding through a statewide procurement process conducted in accordance with federal and state procurement requirements. AEL funding shall be allocated as set forth in § 800.68 of this title.
(b) Eligible grant recipients shall apply directly to the Agency using the grant solicitation process, and shall meet all deadlines, requirements, and guidelines set forth in the grant solicitation.
(c) Contracts awarded to AEL grant recipients shall be limited to two years, with the option of three one-year renewals, at the Commission's discretion. In considering a renewal, the Commission shall take into account performance and other factors.
(1) Renewals for years three, four, and five are not automatic, and are based on meeting or exceeding performance and expenditure benchmarks, or other factors as determined by the Commission.
(2) At the completion of the five-year maximum contract term, the Agency shall conduct a new competitive statewide procurement, including those contracts that have been in effect for less than the maximum five-year contract term.
(d) Determinations by the Agency in the statewide procurement process will be based on the indicated ability of the eligible grant recipient to effectively perform all services and activities needed to fully comply with contract performance requirements and all contract terms and conditions and may be influenced by factors used to determine the allocation of AEL funds or other objective data or criteria.

Notes

40 Tex. Admin. Code § 805.41
The provisions of this §805.41 adopted to be effective February 24, 2014, 39 TexReg 1205; Amended by Texas Register, Volume 43, Number 50, December 14, 2018, TexReg 8152, eff. 12/16/2018; Amended by Texas Register, Volume 47, Number 46, November 18, 2022, TexReg 7752, eff. 11/24/2022

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