(a) In connection with the authority granted to the
commissioner to negotiate, contract or enter into an agreement for
professional or personal services under §15.414, Texas Finance
Code, the Department hereby incorporates by reference the procurement
rules of the Comptroller of Public Accounts, 34 TAC Chapter 20 (relating
to Texas Procurement and Support Services), or any successor rules,
regarding soliciting and awarding contracts. The Department shall
comply, to the extent applicable, with the requirements of these rules
when contracting for professional or personal services that are paid
for with State appropriated money or paid by credit unions pursuant
to §97.113(l) of this title (relating to Fees and Charges).
(b) Any professional or personal service contracts
between the Department and entities that receive funds from the State
of Texas shall contain the following language regarding the authority
of the State Auditor's Office to conduct an audit or investigation
in connection with those funds: "Contractor understands that acceptance
of funds under this contract acts as acceptance of the authority of
the State Auditor's Office, or any successor agency, to conduct an
audit or investigation in connection with those funds. Contractor
further agrees to cooperate fully with the State Auditor's office
or its successor in the conduct of the audit or investigation, including
providing all records requested. Contractor will ensure that this
clause concerning the authority to audit funds received indirectly
by subcontractors through Contractor and the requirements to cooperate
is included in any subcontract it awards."
(c) Any professional or personal service contracts
between the Department and entities that receive funds from the State
of Texas shall contain the following language regarding dispute resolution:
"The parties shall attempt to resolve any dispute arising under this
contract by using the Department's dispute resolution process." The
Department hereby incorporates by reference as its dispute resolution
process the rules found in 1 TAC Chapter 68 (relating to Negotiation
and Mediation of Certain Contract Disputes), or any successor rules.
|
Source Note: The provisions of this §97.207 adopted to be effective March 14, 2004, 29 TexReg 2639; amended to be effective July 12, 2009, 34 TexReg 4516; amended to be effective July 14, 2013, 38 TexReg 4318 |