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TITLE 34PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 20STATEWIDE PROCUREMENT AND SUPPORT SERVICES
SUBCHAPTER FCONTRACT MANAGEMENT
DIVISION 2REPORTS AND AUDITS
RULE §20.509Performance Reporting

(a) No later than 30 days after the completion or termination of a purchase order or contract, the purchasing state agency shall review the contractor's performance of the purchase order or contract as provided in this section. State agencies shall submit a report on a contractor's performance to the vendor performance tracking system for any purchase of goods or services:

  (1) of $25,000 or more from contracts administered by the comptroller;

  (2) made through an agency's delegated authority;

  (3) made pursuant to the authority in Government Code, Title 10, Subtitle D; or

  (4) for which a state agency is required to use the best value standard.

(b) A state agency shall:

  (1) evaluate the contractor's performance based on:

    (A) information prepared by the agency in planning the procurement that assessed the need for the purchase together with the specifications for the good or service and the criteria to evaluate the responses resulting in an award and contract;

    (B) compliance with the material terms of the contract;

    (C) ability to correct instances of contractual non-compliance; and

    (D) other evaluation criteria presented in the on-line vendor performance tracking system; and

  (2) based on the evaluation provided in the system, assign the contractor the letter grade:

    (A) "A" if the contractor that delivered the good or service:

      (i) that is the best value for the good or service because it complied with all the specifications and evaluation criteria identified in the solicitation documents;

      (ii) in full compliance of all material terms of the contract; and

      (iii) with complete or substantial customer satisfaction:

    (B) "B" if the contractor delivered the good or service:

      (i) that is the best value for the good or service because it complied with all specifications and evaluation criteria identified in the solicitation documents;

      (ii) in substantial compliance of all material terms of the contract or promptly remedied any instance of non-compliance with the material terms of the contract; and

      (iii) with substantial or adequate customer satisfaction:

    (C) "C" if the contractor delivered the good or service:

      (i) that is the best value for the good or service because it complied with all specifications and evaluation criteria identified in the solicitation documents;

      (ii) substantially remedied a majority of the instances of non-compliance with the material terms of the contract; and

      (iii) with adequate customer satisfaction:

    (D) "D" if the contractor delivered the good or service:

      (i) that was not the best value for the good or service because it did not comply with substantially all specifications and evaluation criteria identified in the solicitation documents; or

      (ii) in substantial non-compliance of material terms of the contract and failed to remedy a majority of instances of non-compliance with the material terms of the contract:

    (E) "F" if the contractor delivered the good or service:

      (i) that was not the best value for the good or service because it did not comply with all specifications and evaluation criteria identified in the solicitation documents;

      (ii) in substantial non-compliance of material terms of the contract and failed to remedy a majority of instances of non-compliance with the material terms of the contract; or

      (iii) in a manner that subjects the contractor to debarment pursuant to Subchapter G of these rules.

(c) This section does not apply to:

  (1) an enrollment contract described by 1 TAC §391.205(b)(5); or

  (2) a contract of the Employees Retirement System of Texas or the Teacher Retirement System of Texas except for a contract with a nongovernmental entity for claims administration of a group health benefit plan under Insurance Code, Title 8, Subtitle H.


Source Note: The provisions of this §20.509 adopted to be effective January 24, 2017, 42 TexReg 240

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