| (a) When a contractor's goods or services fail to meet
contract requirements, the comptroller shall consider whether the
failure was:
(1) a complete failure to deliver the goods and services
or failure to deliver:
(A) in the time period specified in the contract;
(B) to the location specified in the contract; and
(C) in the manner specified in the contract:
(2) a failure to deliver goods:
(A) in the specified quantity;
(B) with the specified invoices or other necessary
documentation;
(C) in specified packaging;
(D) in good and usable condition;
(E) without unauthorized substitutions; and
(F) with specified installation including specified
repair and replacement parts:
(3) a failure to deliver services:
(A) within the time period specified in the contract;
(B) in the manner or at the level specified in the
contract considering:
(i) unsuitability of the final product for the purpose
intended;
(ii) lack of integration into or compatibility with
other pre-existing systems or processes;
(iii) repeated failure of the final product to reliably
operate;
(iv) repeated cost overruns due to circumstances within
the control of the vendor;
(v) failure to adhere to contract schedules or ensure
timely completion;
(vi) failure to provide specified employee training;
(vii) failure to provide specified reports;
(viii) misrepresentation of qualifications of assigned
personnel; and
(ix) any other failure to perform that materially affects
the quantity or quality of the service:
(C) in conformance with:
(i) professional standards of care and codes of conduct;
(ii) generally accepted principles of the business
or profession; and
(iii) laws and regulations governing the service, including
any proper and necessary licenses, permits, certifications, or other
approvals required for the vendor to lawfully perform the services.
(b) The comptroller also may evaluate the contractor's
performance by considering whether the contractor:
(1) provided accurate and timely invoices;
(2) provided and maintained proof of insurance, bonds,
guarantees, letters of credit or other required documents;
(3) provided timely notice of unanticipated factors
that may cause delay;
(4) responded appropriately to emergencies;
(5) maintained sufficient financial responsibility;
and
(6) any other factors the comptroller determines are
relevant to ensure protection of the state's interest; the comptroller
shall specify such other factors in a finding made pursuant to this
subchapter.
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