| (a) Auditing contracts.
(1) Texas Education Agency (TEA) staff will randomly
perform desk reviews or billing reviews throughout the term of any
contract awarded by the TEA.
(2) TEA staff shall be granted access to any online
tools installed or in use for monitoring and reporting service levels
related to the contracted work for the agency's assessment program.
If monitoring tools do not exist, TEA shall place monitoring tools
on the production servers and components supporting those systems
related to the deliverables for the assessment program.
(b) Contract and performance monitoring. The TEA will
provide contract management training to agency staff that includes:
(1) developing written contracting policies and procedures;
(2) developing contract monitoring plans and tools;
(3) communicating expectations through a detailed statement
of work, performance measures, and post-award meetings;
(4) requiring supporting documentation with each invoice;
(5) communicating that payments linked to satisfactory
performance are allowable, reasonable, and necessary to achieve the
program objectives;
(6) requesting regular programmatic reports;
(7) requesting access to records;
(8) including a Liquidated Damages clause; and
(9) including a Right to Audit clause that complies
with Texas Education Code, §39.0381, in the contract terms and
conditions.
(c) Enhanced contract and performance monitoring. The
following provisions apply to all contracts awarded by TEA to ensure
contractors' compliance with contract and service delivery requirements.
(1) TEA staff must complete monitoring plans for high-dollar
and high-risk contracts as determined by the TEA procurement director.
(2) Individual program areas within TEA will conduct
day-to-day monitoring activities regarding financial and performance
requirements.
(3) Higher-risk contracts are monitored more frequently
and more comprehensively than lower-risk contracts as determined by
the project Risk Assessment form.
(4) A contract may be identified as needing enhanced
monitoring through factors such as the Risk Assessment form, needing
corrective action, other factors that become known to the agency,
or as determined by the TEA procurement director. For contracts identified
as needing enhanced monitoring, TEA requires the contractor to provide
specific programmatic information on a scheduled basis to determine
if performance measures are being met.
(5) Enhanced monitoring may include site visits, meeting
notes, and any other documentation requirements deemed necessary by
the TEA to assess progress of the contractor toward meeting the identified
goals and outcomes established in response to contract deficiencies.
(6) The TEA procurement director shall notify TEA executive
staff of contracts that have been identified as needing enhanced monitoring.
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