| (a) In accordance with §2155.076 of the Government
Code, the Council adopts by reference the rules of the Comptroller
of Public Accounts regarding purchasing protest procedures set forth
in 34 TAC, Part 1, Chapter 20, Subchapter F, Division 3. All vendor
protests under this rule must be submitted to the Council's Chief
Financial Officer, who shall initiate a review of the protest. Any
appeal to a determination of a protest by the Chief Financial Officer
shall be to the Executive Director, who may elect to submit the appeal
to the Council for final determination. The Council shall maintain
all documentation on the purchasing process that is the subject of
a protest or appeal in accordance with the Council's retention schedule.
(b) In accordance with §2156.005 of the Government
Code, the Council adopts by reference the rules of the Comptroller
of Public Accounts regarding bid opening and tabulation set forth
in 34 TAC, Part 1, Chapter 20, Subchapter C, Division 2.
(c) In accordance with §2260.052 of the Government
Code, the Council adopts by reference the rules of the Office of the
Attorney General in 1 TAC Part 3, Chapter 68 (relating to Negotiation
and Mediation of Certain Contract Disputes). The rules set forth a
process to permit parties to structure a negotiation or mediation
in a manner that is most appropriate for a particular dispute regardless
of the contract's complexity, subject matter, dollar amount, or method
and time of performance.
(d) In accordance with §2261.202 of the Government
Code, the Executive Director shall be responsible for monitoring agency
contracts and for monitoring agency compliance with all applicable
laws governing agency contracting. The Executive Director may delegate
those duties necessary to carry out this responsibility to other agency
staff who report directly to the Executive Director.
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