(a) The Board delegates to the Commissioner authority
to approve and enter into all payable and receivable Agreements, including
contracts, grants, and other agreements, and interagency contracts
for which the Agreement, inclusive of all amendments, totals $5 million
or less.
(1) The Commissioner is authorized to approve and sign
all Agreements that total up to $5 million, inclusive of all amendments
subject to the notification requirements in paragraph (2) of this
subsection.
(2) The Commissioner shall provide written notification
to the Board Chair, Board Vice Chair, and Chair of the Agency Operations
committee of any Agreement that totals $1 million or more, inclusive
of all amendments, prior to execution of the Agreement.
(3) For each contract for the purchase of goods or
services that has a value exceeding $1 million, there must be contract
reporting requirements that provide information on the following:
(A) compliance with financial provisions and delivery
schedules under the contract;
(B) corrective action plans required under the contract
and the status of any active corrective action plan; and
(C) any liquidated damages assessed or collected under
the contract.
(D) Verification is required of:
(i) the accuracy of any information reported under
this subsection that is based on information provided by a contractor;
and
(ii) the delivery time of goods or services scheduled
for delivery under the contract.
(b) Any Agreement exceeding $5 million, inclusive of
all amendments, requires Board approval prior to execution of the
contract or other Agreement, except those described in paragraph (1)
of this subsection. The Commissioner is authorized to sign an Agreement
or amendment that totals more than $5 million that has been approved
by the Board.
(1) Agreements exceeding $5 million that the agency
is required by law to enter into, i.e., those that are appropriated
to the agency as non-discretionary funding to a third party, do not
require Board approval and are delegated to the Commissioner for approval
and signature.
(2) For each contract for the purchase of goods or
services that has a value totaling $5 million or more, the procurement
director must:
(A) verify in writing that the solicitation and purchasing
methods and contractor selection process comply with state law and
agency policy; and
(B) submit to the Board information on any potentially
significant issue that may arise in the solicitation, purchasing,
or contractor selection process.
(c) In addition to the Commissioner, the following
employees have authority to approve an Agreement:
(1) A Deputy or Associate Commissioner if the Agreement,
inclusive of all amendments, totals $100,000 or less.
(2) An Assistant Commissioner, in addition to a Deputy
or Associate Commissioner, with primary oversight of a particular
Agreement if the Agreement, inclusive of all amendments, totals $10,000
or less.
(d) The Commissioner shall provide a report to the
Board, at least quarterly, describing all Agreements entered into
by the agency during the preceding quarter, the total of which, inclusive
of all amendments, is $10,000 or greater.
(e) The Board shall, in an open meeting, consider any
material change to all contracts for goods or services awarded under
Texas Government Code, Chapter 2155. A material change to a contract
includes extending the length or postponing the completion of a contract
for six months or more; or increasing the total consideration to be
paid under a contract by at least 10 percent, including by substituting
certain goods, materials, products, or services. Goods are supplies,
materials, or equipment. Services are the furnishing of skilled or
unskilled labor or professional work but do not include a professional
service subject to Subchapter A, Chapter 2254, Texas Government Code,
service of a state employee, consulting service or service of a consultant
as defined by Subchapter B, Chapter 2254, or the service of a public
utility.
(f) Agency staff shall utilize THECB's Procurement
and Contract Management Handbook or Grant Management guidelines and
the THECB's Risk Assessment tool to determine which Agreements require
enhanced contract or grant monitoring.
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