|(a) The comptroller's statewide procurement division
shall create, maintain, and use the vendor performance tracking system
on the comptroller's web page to measures vendor performance for purchases
over $25,000, and is used by the comptroller to score vendor performance
in the areas of commodity delivery and service delivery and performance.
(b) No later than 30 days after the completion or termination
of a purchase order or contract, each state agency shall submit a
performance review to the vendor performance tracking system on the
comptroller's web page and according to the provisions of Subchapter
F, Division 2 of this chapter.
(c) When an agency contractor performance report is
received by the comptroller:
(1) the comptroller shall provide a copy of the review
to the contractor identified in the agency review;
(2) if the agency review submits a proposed grade for
the contractor lower than C, the contractor may provide to the comptroller
a response to the agency review;
(3) if the comptroller receives a response from the
contractor within 30 days after receiving the agency review, the comptroller:
(A) shall consider the response provided by the contractor;
(B) shall contact the agency regarding the review and
(C) may review any other information available to the
(D) may edit the report or grade as necessary to insure
as accurate and responsible contract report as possible; and
(4) after considering the report, any response, and
any other relevant information the comptroller shall process the report
on the contractor performance into the vendor performance tracking
(d) Based on performance reviews of contractors provided
by state agencies, the system will generate one overall vendor performance
letter score for each contractor in the system in the following manner.
(1) For a contractor that has received one or more
performance reports in the system prior to the implementation of this
section, the system will add all the numerical values assigned to
each such report for the contractor and divide the sum by the total
number of such reports in the system which shall be the single historic
average score for the contractor.
(2) With the implementation of the system described
in this section, each performance review letter score rating assigned
to a contractor by a state agency will be assigned a numerical value
based on the following scale: A=100, B=85, C=70, D=65, F=50.
(3) A system numerical score for the contractor will
be determined by the sum of all numerical values for each review letter
score rating assigned to a contractor on and after the implementation
date of the system described in this section plus the single historic
average score, if any.
(4) The system numerical score will be divided by either:
(A) the number of letter rating scores provided for
the contractor; or
(B) if there is a historical average score, one (1)
plus the number of letter rating scores provided for the contractor;
(5) Using the number determined under paragraph (4)
of this subsection, the system will assign a single letter grade for
the contractor based on the following scale: 90-100=A, 80-89=B, 70-79=C,
60-69=D, 59 or below=F.
(6) Example: Vendor A has a score of 88 in the old
system. In the new system, vendor A gets assessed a score of A by
one state agency purchaser and C by another state agency purchaser.
The formula applied by the system is as follows: 88+100+70/3= 86.
The vendor has a numeric score of 86, so the displayed score would
be a "B".
(e) The comptroller shall include the performance reviews
in a vendor performance tracking system.
(f) Contractors that have an overall grade lower than
a C posted to the vendor performance tracking system web site may
file a protest to the classification according the protest procedures
in Subchapter F, Division 2 of this chapter.
(g) The comptroller shall make the vendor performance
tracking system accessible to the public on the comptroller's Internet