| (a) The contract manager or procurement director of
each state agency shall:
(1) approve each state agency contract for which the
agency is required to purchase goods or services using the best value
standard;
(2) ensure that, for each contract, the agency documents
the best value standard used for the contract;
(3) acknowledge in writing that the agency complied
with the agency's and comptroller's contract management guide and
the state procurement manual in the purchase; and
(4) ensure that the state agency shall evaluate the
contractor's performance based on:
(A) information prepared by the agency in planning
the procurement that assessed the need for the purchase together with
the specifications for the good or service and the criteria to evaluate
the responses resulting in an award and contract;
(B) compliance with the material terms of the contract;
(C) ability to correct instances of contractual non-compliance;
and
(D) other evaluation criteria presented in the on-line
vendor performance tracking system.
(b) In determining which bidder is offering the best
value, in addition to price, the state agency may consider and evaluate
the factors set out in Government Code, Title 10, Subtitle D, Subchapter
A, §§2155.074, 2155.075, 2156.007, 2157.003 and 2157.125,
and all other factors comprising the best value criteria as may be
set forth in the solicitation.
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