(a) For a contract awarded by the department under
Texas Government Code §2157.068 that requires a state agency
to develop and execute a statement of work to initiate services under
the contract, the state agency must consult with the department before
the submission of a statement of work to a vendor as follows:
(1) Submit a completed statement of work to the department
for review at least thirty business days prior to submission of the
statement of work to vendors to allow sufficient time for department
review;
(2) Provide statement of work contents, including but
not limited to, scope of the project, milestones, deliverables description,
schedule, and acceptance criteria; and
(3) Provide the list of department cooperative contracts
to which the statement of work will be advertised.
(b) The department may accept or reject the submitted
statement of work. A state agency shall not submit the statement of
work to vendors until the department has issued written approval.
If rejected, the state agency may resubmit with required modifications.
(c) Following execution of the final statement of work
by the state agency and vendor, the state agency must submit the signed
statement of work to the department for its signature. The department
will review the statement of work and determine whether it will be
signed or rejected. If the department rejects the statement of work,
the department will notify the state agency of the reason(s) for rejection.
The department must sign the statement of work before it becomes valid
and any money is paid to a vendor. The department signature affixed
to the statement of work will verify only that the scope of work is
within the scope of the DIR contract being utilized. The department
signature does not make the department a party to the agreement, and
the department will not be responsible for any other state agency's
obligations. The department signature does not verify or assure any
other relevant fact including but not limited to the following:
(1) That funding is appropriate or sufficiently available;
(2) That the appropriate methodology was chosen by
the state agency;
(3) That the appropriate vendor was selected; or
(4) That the scope of work documented by the state
agency will successfully achieve a goal or projected outcome.
(d) Upon execution of a statement of work for services
over $50,000, each statement of work entered into by the state agency
shall be posted on the state agency's internet website as follows:
(1) Post the statement of work in its entirety, subject
to the exceptions in the Texas Public Information Act and opinions
of the Office of Attorney General;
(2) Maintain the posting, at a minimum, throughout
the term of the statement of work including any renewals or extensions;
(3) Maintain a listing of the statements of work in
alphabetical order by vendor name or numerical order by contract number
in a central location; and
(4) Maintain a current state agency contact person
with related email address and phone number to contact for information
regarding the statement of work.
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