Under §2261.253 of the Texas Government Code, the Texas
Civil Commitment Office implements the following procedures for contracts
for the purchase of goods or services from private vendors until the
contract expires or is completed.
(1) For each contract with a value greater than $25,000,
the office shall evaluate whether enhanced contract or performance
monitoring is appropriate. The office may evaluate whether enhanced
contract or performance monitoring is appropriate for contracts with
a value less than $25,000. Criteria that may be considered include:
(A) Total cost of the contract, including contract
(B) Risk of loss to the office under the contract;
(C) Resources available for enhanced contract monitoring
or performance monitoring;
(D) Vendor past performance; and
(E) Whether the vendor is a foreign or domestic person
(2) The office shall consider all contracts valued
at over $1 million dollars and contracts for the treatment of sexually
violent predators to be contracts requiring enhanced monitoring.
(3) If enhanced contract monitoring is appropriate,
the Executive Director shall report to the Board:
(A) The basis for the determination that enhanced contract
or performance monitoring is appropriate;
(B) Any serious issues or risks identified with the
(C) The plan for carrying out the enhanced contract
or performance monitoring.
(4) This rule applies only to contracts for which the
solicitation is made public on or after September 1, 2015; or if the
contract is exempt from competitive bidding, where the contract is
entered into on or after September 1, 2015. This rule does not apply
to memoranda of understanding, interagency contracts, interlocal agreements,
or contracts that do not involve a cost to the office.