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TITLE 34PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 20STATEWIDE PROCUREMENT AND SUPPORT SERVICES
SUBCHAPTER BPUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION
DIVISION 3CONTRACT MANAGEMENT GUIDE AND TRAINING
RULE §20.131Procurement Manual and Contract Management Guide

(a) The comptroller shall develop and periodically update a procurement manual and contract management guide for use by state agencies.

(b) To prepare the guide, the comptroller shall consult with the attorney general and the Department of Information Resources. Subject to the approval by the legislative audit committee for inclusion in the audit plan under Government Code, §321.013(c), the comptroller may consult with the state auditor.

(c) The guide shall include:

  (1) information regarding the primary duties of a contract manager, including how to:

    (A) develop and negotiate a contract;

    (B) select a contractor; and

    (C) monitor contractor and subcontractor performance under a contract:

  (2) model provisions for state agency contracts that:

    (A) distinguish between essential provisions that a state agency must include in a contract to protect the interests of this state and recommended provisions that a state agency may include in a contract;

    (B) recognize the unique contracting needs of an individual state agency or program and provide sufficient flexibility to accommodate those needs, consistent with protecting the interests of this state;

    (C) include maximum contract periods under which a new competitive solicitation is not necessary; and

    (D) include the model contract management process developed under Government Code, §2262.104 and recommendations on the appropriate use of the model:

  (3) recommended time frames under which a state agency may issue a competitive solicitation for a major contract in relation to the date on which the contract is to be executed;

  (4) procedures under which a state agency is required to solicit explanations from qualified potential respondents who did not respond to a competitive solicitation for a contract on which fewer than two qualified bids were received by the agency; and

  (5) procedures for major contracts that outsource a state function or process to a contractor, including when applicable the use of documents required under Government Code, Chapter 2054, Subchapter J.


Source Note: The provisions of this §20.131 adopted to be effective January 24, 2017, 42 TexReg 231

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