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TITLE 22EXAMINING BOARDS
PART 14TEXAS OPTOMETRY BOARD
CHAPTER 272ADMINISTRATION
RULE §272.3Contract and Purchasing Procedures

(a) In accordance with Tex. Gov't Code §2155.076, the Board adopts by reference the rules of the Comptroller of Public Accounts regarding purchasing protest procedures set forth in 34 Tex. Admin. Code §20.384. All vendor protests under this rule must be submitted to the Board's purchaser, who shall initiate a review of the protest. Any appeal to a determination of a protest by the purchaser shall be to the executive director, who may elect to submit the appeal to the Board for final determination. The Board shall maintain all documentation on the purchasing process that is the subject of a protest or appeal in accordance with the Board's retention schedule.

(b) In accordance with Tex. Gov't Code §2156.005, the Board adopts by reference the rules of the Comptroller of Public Accounts regarding bid opening and tabulation set forth in 34 Tex. Admin. Code §20.35.

(c) In accordance with Tex. Gov't Code §2260.052, the Board adopts by reference the rules of the Office of the Attorney General in 1 Tex. Admin. Code Part 3, Chapter 68 (relating to Negotiation and Mediation of Certain Contract Disputes). The rules set forth a process to permit parties to structure a negotiation or mediation in a manner that is most appropriate for a particular dispute regardless of the contract's complexity, subject matter, dollar amount, or method and time of performance.

(d) In accordance with Tex. Gov't Code §2261.202, the executive director shall be responsible for monitoring agency contracts and for monitoring agency compliance with all applicable laws governing agency contracting. The executive director may delegate those duties necessary to carry out this responsibility to other agency staff who report directly to the executive director.


Source Note: The provisions of this §272.3 adopted to be effective December 25, 2000, 25 TexReg 12688; amended to be effective January 11, 2017, 42 TexReg 16

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