(a) Pursuant to §2261.253 of the Texas Government
Code, the Department will implement the following procedures for contracts
for the purchase of goods or services from private vendors:
(1) The Department will list information pertaining
to its contract with private vendors on its website. The information
will include:
(A) The name of the vendor with whom the contract is
made;
(B) A description of the competitive bidding process
for the contract, or, if the contract did not involve competitive
bidding, a citation and explanation of the legal authority supporting
exemption from the competitive bidding process;
(C) A link to a copy of the request for proposal for
the contract, if applicable until the contract expires or is completed;
and
(D) A link to a copy of the contract with the vendor
until the contract expires or is completed.
(2) Enhanced contract or performance monitoring procedure
until the contract expires or is completed.
(A) For each contract whose value is greater than $25,000,
the Commissioner and the Department Procurement Director will evaluate
whether enhanced contract or performance monitoring is appropriate.
Criteria that may be considered include:
(i) Total cost of the contract.
(ii) Risk of loss to the Department under the contract.
(iii) Department resources available for enhanced contract
or performance monitoring.
(B) After evaluation of the contract, the Commissioner
will immediately report to the Commission Members:
(i) The basis for determination as to whether enhanced
contract or performance monitoring is appropriate;
(ii) Include any serious issues or risks identified
with the contract, if applicable; and
(iii) If enhanced contract or performance monitoring
is appropriate, the Department's plan for carrying out the enhanced
contract or performance monitoring.
(C) Commission members may agree to convene a special
commission meeting for the purposes of discussion or deciding upon
matters related to enhanced contract or performance monitoring of
Department contracts. This meeting would be conducted in conformity
with the Texas Open Meetings Act.
(b) This rule applies only to contracts for which the
request for bids or proposals 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 memorandums of understanding, interagency contracts,
interlocal agreements or contracts that do not involve a cost to the
Department.
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