| (a) The comptroller's statewide procurement division
shall maintain a vendor performance tracking system on the comptroller's
web page on which vendor performance reports and vendor grades submitted
by state agencies are published. Vendor performance reports and vendor
grades shall be submitted to the vendor performance tracking system
as stated in §20.509 of this title (relating to Vendor Performance
Reporting).
(b) The comptroller shall provide a copy of a state
agency's vendor performance report and grade to the vendor identified
in the report. When a state agency assigns a grade lower than "C,"
the vendor may provide to the comptroller a response to the performance
report and grade. When a response is received by the comptroller within
30 days of the comptroller providing a copy of the performance report
and grade to the vendor, the comptroller:
(1) shall provide the state agency a copy of the vendor
response; and
(2) shall review the performance report and grade,
response, and any other relevant information available to the comptroller
about the purchase order or contract that is the subject of the performance
report and grade.
(c) Based upon the review provided for in subsection
(b) of this section, the comptroller may revise the performance report
or grade.
(d) Using vendor grades provided by state agencies,
the vendor performance tracking system will generate one overall vendor
performance letter grade for each vendor in the following manner:
(1) Each vendor grade assigned by a state agency will
be designated a numerical value based on the following scale: A=4,
B=3, C=2, D=1, F=0.
(2) On or before February 4, 2021, the system numerical
score for the vendor is the sum of all numerical values for each letter
grade assigned to a vendor after February 4, 2017. After February
5, 2021, the system numerical score for a vendor will be the sum of
all numerical values for each letter grade assigned to a vendor for
the most recent 48 months.
(3) The system numerical average score for the vendor
is the system numerical score determined in paragraph (2) of this
subsection divided by the number of letter grades included in the
calculation of the system numerical score. The system numerical average
score is rounded to the nearest tenth.
(4) Using the system numerical average score determined
under paragraph (3) of this subsection, the system will assign a single
system numerical average score letter grade for the contractor based
on the following scale: A=3.5-4.0; B=2.5-3.4; C=1.5-2.4; D=0.5-1.4;
and F=0.4 or below.
(e) Except for a grade that was revised in the vendor's
favor under subsection (c) of this section, the executive head of
a state agency may, within 48 months of submission of a vendor performance
report and grade, request to revise the report and grade for a particular
purchase order or contract by submitting a written justification for
the grade revision to the comptroller. The written justification for
the grade revision must contain the following information:
(1) contract number or purchase order number;
(2) vendor name;
(3) date the state agency entered into the vendor performance
tracking system the grade that the state agency is requesting to revise;
and
(4) a revised vendor performance report, including
the reason for the grade revision request.
(f) Upon receiving a request under subsection (e) of
this section, the comptroller shall publish the grade revision and
revised performance report in the vendor performance tracking system
maintained on the comptroller's website unless the requested grade
revision will result in a grade lower than "C," in which case subsection
(b) of this section will apply. The comptroller shall recalculate
the system numerical score and system numerical average score using
the revised grade.
(g) A vendor that receives a grade lower than a "C"
from a state agency may file a protest to the grade according to the
protest procedures in §20.534 of this title (relating to Protests).
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