| (a) Outside Counsel shall prepare correct and complete
Invoices and submit them, along with an Invoice Summary, for the billing
period to the Agency for payment.
(b) A correct and complete Invoice must include, at
a minimum, the following information:
(1) Outside Counsel Contract identification number;
(2) Agency name;
(3) Outside Counsel name;
(4) Vendor Identification Number (assigned by the Texas
Comptroller of Public Accounts), Social Security Number of an authorized
representative of Outside Counsel or other appropriate payment identification
number;
(5) Invoice number and date;
(6) Billing period of services rendered for which payment
is being sought;
(7) Description and date of the task or service provided,
the billable time for the task or service, the name and position (partner,
associate, paralegal, etc.) of the timekeeper that performed the task
or service, and the applicable hourly rate; or, if the fee is based
on a fixed fee basis or fee schedule, the number and type of projects
or matters;
(8) For filing charges, a description of the document
filed and the name and location of the entity the document was filed
with;
(9) For expenses, a copy of each receipt or other proof
of payment; and
(10) Other information requested by the Agency or the
Office of the Attorney General.
(c) Unless requested to do so by the Agency or the
Office of the Attorney General, Outside Counsel must not include information
in its Invoices that is not related to compensable charges or reimbursable
expenses.
(d) Outside Counsel must verify, in writing, upon the
submittal of each Invoice, that the Invoice is correct and complete
and that:
(1) the legal services being billed for were performed
and were reasonable and either necessary or advisable;
(2) the legal services being billed for were within
the term and scope of services of the Outside Counsel Contract;
(3) the legal billing rates are the same as those set
in the Outside Counsel Contract;
(4) any expense that requires the Agency's pre-approval
was in fact pre-approved; and
(5) the total amount of the Invoice, along with all
prior payments made to Outside Counsel under the Outside Counsel Contract,
do not exceed the maximum liability amount set in the Outside Counsel
Contract.
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