| (a) Before a state agency may award a contract to a
vendor, the agency's procurement director must review the process
and all documents used by the agency to assess each vendor who responded
to the solicitation. This requirement applies only to a procurement
of goods and services to which Government Code, §2261.0525 applies.
(b) A state agency's procurement director may delegate
to a person in the agency's procurement office the authority to review
and certify the assessment process and documents under Government
Code, §2261.0525(a) under the following conditions:
(1) the agency's procurement division has a documented
system for ensuring the quality of the vendor assessment process,
including the quality of documents used to calculate and record the
scoring of vendors;
(2) the delegation is in writing; and
(3) the delegated person:
(A) is not the primary contract manager or contract
developer for the contract;
(B) is in a position in the agency's procurement office
that is at least equal to the position of contract manager;
(C) is a Certified Texas Contract Manager or Certified
Texas Contract Developer under §20.133 of this title (relating
to Training and Certification Program), holds a predecessor certification
under a previous version of that rule, or is an attorney or certified
public accountant licensed to practice in Texas; and
(D) has signed all conflict of interest or nepotism
forms required for a contract developer for the particular contract.
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