| (a) Purpose. The purpose of this rule is to establish
the approval authority and responsibilities for executing contracts
required by the agency.
(b) Applicability. This rule applies to all contracts
entered into by the agency.
(c) Definitions. As used in this section, the following
terms shall have the following meanings, unless the context clearly
indicates otherwise.
(1) Contract--means a written agreement between the
agency and a contractor for goods or services. As used in this section,
"contract" includes the following: interagency contracts with other
government entities; interlocal agreements with other government entities;
and other documents in which funds or services allocated to the agency
are exchanged for the delivery of other goods or services.
(2) Value--means the estimated dollar amount the agency
may be obligated to pay pursuant to the contract and all executed
and proposed amendments, extensions, and renewals of the contract.
The agency shall base its determination of the proposed length of
and compensation during the original term and renewal periods of the
contract on best business practices, state fiscal standards, and applicable
law, procedures, and regulations. The agency's determination of contract
value reflects the definition set forth in the State of Texas Contract
Management Guide as developed by the comptroller under Government
Code, §2262.051.
(d) Approval Authority.
(1) Commission Approval. The director and librarian
or designee shall present certain contracts to the commission for
approval. The commission shall consider for approval:
(A) any contract or amendment with a value expected
to exceed $1 million;
(B) any amendment to a contract that results in the
contract value exceeding $1 million;
(C) any contract or amendment to a contract that relates
to the TexShare Library Consortium regardless of overall contract
value; and
(D) any other contract deemed appropriate for commission
approval as determined by the director and librarian in consultation
with the chair of the commission.
(2) Agency Approval.
(A) The commission delegates authority to the director
and librarian or designee to approve all contracts not listed in paragraph
(1) of this subsection;
(B) The commission delegates authority to the director
and librarian or designee to approve contracts with an overall contract
value that exceeds $1 million as approved by commission order; and
(C) The commission delegates authority to the director
and librarian to approve a purchase request or contract listed in
paragraph (1) of this subsection for an emergency as defined in 34
TAC §20.25 (relating to Definitions), or to avoid undue material
additional cost to the state. The director and librarian shall report
any purchase requests or contracts executed by the director and librarian
under this authority to the commission chair prior to execution of
any such purchase requests or contracts.
(e) Authority to Execute Contracts. The commission
delegates authority to the director and librarian to execute all contracts
for the agency. This authority may be delegated by the director and
librarian to the assistant state librarian or other designee.
(f) Contract Planning. The agency will present to the
commission for information a contract plan for the next fiscal year
that outlines the agency's anticipated contracting actions that exceed
$500,000. The director and librarian or designee will present updates
to the contract plan to the commission for information periodically
throughout the fiscal year.
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