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RULE §212.41Statement of Work

(a) For a contract awarded by the department under 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 SOW to the department for review at least thirty (30) business days prior to submission of the SOW to vendors to provide sufficient time for department review;

  (2) Provide SOW contents including but not limited to: scope of the project, milestones, deliverables description, schedule, and acceptance criteria;

  (3) Provide the list of DIR cooperative contracts to which the SOW will be advertised; and

  (4) The department may accept or reject the submitted SOW. A state agency may not submit the SOW to vendors until the department has issued written approval. If rejected, the state agency may resubmit with required modifications. The department will not issue retroactive or backdated reviews.

(b) Following execution of the final SOW by the state agency and vendor, the state agency must submit the signed SOW 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 SOW, 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 will not issue retroactive or backdated signatures. 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.

(c) Upon execution of the SOW, each statement of work entered into by the state agency will be posted on the state agency's internet website as follows:

  (1) Post the SOW 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 SOW, including any renewals or extensions;

  (3) Maintain a listing of the SOWs 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 SOW.

Source Note: The provisions of this §212.41 adopted to be effective November 23, 2015, 40 TexReg 8195

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