| (a) Purpose. The purpose of this rule is to implement
the Texas Uniform Grant Management Standards (UGMS) for purchases
of 9-1-1 equipment and services made with 9-1-1 funds. Instructions
provided in this rule are in addition to the direction provided in
UGMS. This rule is not intended to prohibit a regional planning commission
(RPC) from implementing more stringent competitive procurement practices.
(b) Funding. Funds allocated for the procurement of
9-1-1 equipment and services will be subject to Commission funding
priorities and policies.
(c) Statewide Procurement. The Commission reserves
the right to procure 9-1-1 equipment and services for the State program
based on best value and upon determination of which goods or services
are in the best interest of the State program. In instances of statewide
procurement, the Commission will work with the RPCs and local governments
to ensure that purchases are consistent with local 9-1-1 system infrastructure
and best meet the needs of the local governments.
(d) Industry Standard. All purchases of 9-1-1 equipment
and services shall be consistent with the current industry standard.
The authority for the industry standard for 9-1-1 networks, equipment,
and databases is the National Emergency Number Association (NENA).
(e) Competitive Procurement Required. Competitive procurement
is required for all Capital Purchases.
(1) Exceptions for sole source may be used when consistent
with UGMS. Prior written concurrence from the Commission is required
for any sole source purchase expected to exceed $25,000.
(2) Purchases made by RPCs through a state agency or
other qualified cooperative purchasing program shall satisfy this
section of the rule.
(3) Purchases of tariffed goods or services meeting
the definition of capital purchases are subject to competitive procurement.
An RPC may not contract to pay a vendor an amount higher than its
tariffed price.
(4) Modifications to leases with a nonrecurring cost
of greater than $5,000 are considered capital purchases subject to
competitive procurement.
(f) Historically Underutilized Businesses (HUBs). RPCs
shall take affirmative steps to contract with HUBs according to the
RPC's HUB plan included in the regional strategic plan.
(g) Record Retention. All procurement records must
be maintained by RPCs in accordance with UGMS and each RPC's record
retention policy. Documentation will be made available to the Commission
upon request.
(h) Code of Ethics. An RPC employee, whose salary is
funded in whole or in part with 9-1-1 Funds, shall adhere to the following
ethical standards. Each RPC shall establish a policy to ensure that
this code of ethics is addressed in the procurement of all 9-1-1 equipment
and services and provide a copy of this policy to the Commission upon
request. RPC employee may not:
(1) Participate in work on a contract by taking action
as an employee through decision, approval, disapproval, recommendation,
giving advice, investigation or similar action knowing that the employee,
or member of their immediate family, has an actual or potential financial
interest in the contract, including prospective employment;
(2) Solicit or accept anything of value from a vendor
or potential vendor;
(3) Be employed by, or agree to work for, a vendor
or potential vendor; or
(4) Knowingly disclose confidential information for
personal gain.
(i) Compliance. If an RPC fails to comply with the
provisions of this rule, the Commission may take action to recover
any excessive costs clearly shown to have been paid as a result of
infractions of this rule.
(j) Applicability of State Procurement Statutes. To
the extent of any conflict between this rule and applicable state
statutes prescribing procurement methods, such statutes shall be followed.
(k) Applicability to an Emergency Communications District
(ECD). The requirements set forth in this rule also apply to an ECD
awarded equalization surcharge by the commission.
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| Source Note: The provisions of this §251.8 adopted to be effective September 5, 1999, 24 TexReg 6709; amended to be effective February 10, 2003, 28 TexReg 1171; amended to be effective July 18, 2004, 29 TexReg 6622; amended to be effective December 7, 2008, 33 TexReg 9971; amended to be effective March 5, 2014, 39 TexReg 1357 |
