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RULE §810.274Contracts Requiring Enhanced Monitoring

Under §2261.253 of the Texas Government Code, the Texas Civil Commitment Office implements the following procedures for contracts for the purchase of goods or services from private vendors until the contract expires or is completed.

  (1) For each contract with a value greater than $25,000, the office shall evaluate whether enhanced contract or performance monitoring is appropriate. The office may evaluate whether enhanced contract or performance monitoring is appropriate for contracts with a value less than $25,000. Criteria that may be considered include:

    (A) Total cost of the contract, including contract renewals;

    (B) Risk of loss to the office under the contract;

    (C) Resources available for enhanced contract monitoring or performance monitoring;

    (D) Vendor past performance; and

    (E) Whether the vendor is a foreign or domestic person or entity.

  (2) The office shall consider all contracts valued at over $1 million dollars and contracts for the treatment of sexually violent predators to be contracts requiring enhanced monitoring.

  (3) If enhanced contract monitoring is appropriate, the Executive Director shall report to the Board:

    (A) The basis for the determination that enhanced contract or performance monitoring is appropriate;

    (B) Any serious issues or risks identified with the contract; and

    (C) The plan for carrying out the enhanced contract or performance monitoring.

  (4) This rule applies only to contracts for which the solicitation is made public on or after September 1, 2015; or if the contract is exempt from competitive bidding, where the contract is entered into on or after September 1, 2015. This rule does not apply to memoranda of understanding, interagency contracts, interlocal agreements, or contracts that do not involve a cost to the office.

Source Note: The provisions of this §810.274 adopted to be effective February 8, 2017, 42 TexReg 486

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