| (a) Pursuant to §2261.253 of the Texas Government
Code, the commission will implement the following procedures for contracts
for the purchase of goods or services from private vendors:
(1) The commission will list information pertaining
to its contract with private vendors on its website. The information
will include:
(A) The name of the vendor with whom the contract is
made;
(B) A description of the competitive bidding process
for the contract, or, if the contract did not involve competitive
bidding, a citation and explanation of the legal authority supporting
exemption from the competitive bidding process;
(C) A link to a copy of the request for proposal for
the contract, if applicable, until the contract expires or is completed;
and
(D) A link to a copy of the contract with the vendor
until the contract expires or is completed.
(2) The commission will implement the following enhanced
contract or performance monitoring procedures:
(A) For each contract with a value greater than $25,000,
the commission will evaluate whether enhanced contract or performance
monitoring is appropriate. Criteria that may be considered include:
(i) Total cost of the contract;
(ii) Risk of loss to the commission under the contract;
(iii) Commission resources available for enhanced contract
or performance monitoring; and
(iv) Duration of the contract.
(B) After evaluation of the contract, the commission
will report to the commission members:
(i) The basis for determination as to whether enhanced
contract or performance monitoring is appropriate;
(ii) Include any serious issues or risks identified
with the contract, if applicable; and
(iii) If enhanced contract or performance monitoring
is appropriate, the commission's plan for carrying out the enhanced
contract or performance monitoring.
(b) This rule does not apply to memorandums of understanding,
interagency contracts, interlocal agreements or contracts that do
not involve a cost to the commission.
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