| (a) Purpose. Under Texas Government Code, §2261.253,
the finance agencies apply the following procedures concerning contracts
for the purchase of goods or services from private vendors.
(b) Applicability.
(1) Finance agencies. This section applies to the agencies
governed by the Finance Commission of the State of Texas: the Texas
Department of Banking, the Texas Department of Savings and Mortgage
Lending, and the Office of Consumer Credit Commissioner.
(2) Documents not subject to this section. Documents
not subject to this section include the following:
(A) memoranda of understanding;
(B) interagency contracts;
(C) interlocal agreements; and
(D) contracts that do not involve a cost.
(c) Contract evaluation and monitoring.
(1) Use of finance agency policies and contract management
handbook. Contracts are evaluated and monitored in accordance with
each respective finance agency's policies and contract management
handbook. Each finance agency maintains a contract management handbook
in accordance with Texas Government Code, §2261.256.
(2) Identifying contracts that require enhanced monitoring.
Each finance agency will include risk assessment factors in its contract
management handbook to identify contracts that require enhanced contract
or performance monitoring. The risk assessment factors must include
the following:
(A) the total contract amount;
(B) the type of contract purchase;
(C) the impact to the agency and its mission; and
(D) the compliance history of the contractor.
(3) Finance Commission notice. If a finance agency
identifies a contract that requires enhanced monitoring, the finance
agency will notify the Finance Commission in accordance with its policies
and contract management handbook. The finance agency will include
in the notification any serious issues or risks identified with the
contract.
(d) Website posting.
(1) Posting on finance agency website. Each finance
agency will post on its website contracts that meet the posting requirements
provided by Texas Government Code, §2261.253.
(2) Redaction of confidential information. Before posting
the contracts under paragraph (1) of this subsection, each finance
agency must redact information that is confidential by law, information
excepted from public disclosure by the Texas Public Information Act
(Texas Government Code, Chapter 552), and the social security number
of any individual in accordance with Texas Government Code, §2261.253(e).
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