| (a) A purchasing state agency shall review a vendor's
performance of a purchase order or contract as provided in this section.
(b) No later than 30 days after the completion or termination
of a purchase order or contract, a state agency shall submit a report
and grade on a vendor's performance to the vendor performance tracking
system as stated in §20.115 of this title (relating to Vendor
Performance Tracking System) for any purchase of goods or services:
(1) of $25,000 or more from contracts administered
by the comptroller;
(2) made through an agency's delegated authority as
described in §20.82 of this title (relating to Delegated Purchases);
(3) made pursuant to the authority in Government Code,
Title 10, Subtitle D; or
(4) for which a state agency is required to use the
best value standard.
(c) In addition, if the value of a contract exceeds
$5 million, a state agency must submit a performance report and grade
on a vendor's performance to the vendor performance tracking system
as stated in §20.115 of this title within 30 days of the completion
of a key milestone identified in the contract and at least once each
year during the term of the contract.
(d) If a state agency does not submit a vendor performance
report and grade in accordance with subsection (b) or (c) of this
section, it shall document the reason in its procurement file.
(e) A state agency shall:
(1) evaluate the vendor's performance based on:
(A) information prepared by the state 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 relevant evaluation criteria presented in
the on-line vendor performance tracking system; and
(2) for the purchase order or contract which is the
basis for the report, assign the vendor a letter grade.
(f) State agencies shall independently evaluate the
contract performance and use the following grading scale when assigning
a letter grade to a vendor:
(1) A state agency shall assign an "A" when it determines
that the vendor significantly exceeded the requirements of the purchase
order or contract to the state's benefit, that any problems with the
purchase order or contract were minor, and that corrective actions
taken by the vendor to address such problems were highly effective.
If the best value standard was used to award the purchase order or
contract, an "A" means that the vendor satisfied that standard.
(2) A state agency shall assign a "B" when it determines
that the vendor exceeded some requirements of the purchase order or
contract to the state's benefit, that any problems with the purchase
order or contract were minor, and that corrective actions taken by
the vendor to address such problems were effective. If the best value
standard was used to award the purchase order or contract, a "B" means
that the vendor satisfied that standard.
(3) A state agency shall assign a "C" when it determines
that the vendor met the requirements of the purchase order or contract
and that corrective actions taken by the vendor to address minor problems
were satisfactory. If the best value standard was used to award the
purchase order or contract, a "C" means that the vendor satisfied
that standard but that the vendor's performance did not merit an "A"
or "B."
(4) A state agency shall assign a "D" when it determines
that the vendor did not meet some of the requirements of the purchase
order or contract, that problems with the purchase order or contract
were serious, and that corrective actions taken by the vendor to address
such problems were only marginally effective or not fully implemented.
If the best value standard was used to award the purchase order or
contract, a "D" means that the vendor did not satisfy that standard.
(5) A state agency shall assign an "F" when it determines
that the vendor did not meet the requirements of the purchase order
or contract, that problems with the purchase order or contract were
serious, and that corrective actions taken by the vendor to address
such problems were ineffective. If the best value standard was used
to award the purchase order or contract, an "F" means that the vendor
did not satisfy that standard.
(g) This section does not apply to:
(1) an enrollment contract described by 1 TAC §391.205(b)(5);
(2) a contract of the Employees Retirement System of
Texas except for a contract with a nongovernmental entity for claims
administration of a group health benefit plan under Insurance Code,
Title 8, Subtitle H; or
(3) a contract entered into by:
(A) the comptroller under Government Code, §2155.061;
or
(B) the Department of Information Resources under Government
Code, §2157.068.
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