| (a) Purpose. The purpose of these rules is to provide
a uniform procedure through which the division will train and certify
individuals who conduct government procurement functions.
(b) Definitions. The following words and terms when
used in this section shall have the following meanings.
(1) Purchasing--The receipt and processing of requisitions,
development of specifications, development of scope of work, the issuance
of purchase orders against existing cooperative or agency contracts,
and the verification of the inspection of merchandise or receipt of
services by the agency. The term does not include the development
of solicitations and contract awards that must be posted to the Electronic
State Business Daily or in the Texas Register.
(2) Contract development--The term applies to actions
taken prior to contract execution, including the receipt and processing
of requisitions, assessment of need, development and review of specifications,
development and review of scopes of work, identification and selection
of procurement methods, identification and preparation of evaluation
criteria, preparation of and advertising solicitation documents, tabulation
of respondent bids, evaluation of respondent proposals, negotiation
of proposals, and the preparation and completion of contract award
documents. The term does not include invoice or audit functions.
(3) Contract management--The term applies to actions
taken following contract execution, including the assessment of risk,
verification of contractor performance, monitoring compliance with
deliverable and reporting requirements, enforcement of contract terms,
monitoring and reporting of vendor performance, and ensuring that
contract performance and practices are consistent with applicable
rules, laws and the State of Texas Procurement Manual and Contract
Management Guide.
(4) Procurement--The performance of any purchasing,
contract development, or contract management functions.
(5) Contractor--For purposes of this section, a person
other than a state agency employee retained by a state agency to perform
purchasing or contract development functions.
(c) Training required.
(1) Purchasing requirements. A state agency employee
or contractor must complete the division's Texas Purchasing Course
to engage in purchasing functions on behalf of a state agency if the
employee or contractor:
(A) has the job title of "purchaser";
(B) performs purchasing functions as 15% or more of
their job functions; or
(C) makes a purchase in excess of $10,000.
(2) Certified Texas Contract Developer requirements.
(A) A state agency employee or contractor must be certified
as a Certified Texas Contract Developer to engage in contract development
functions on behalf of a state agency and to issue a solicitation
or contract award required to be posted to the Electronic State Business
Daily or in the Texas Register.
(B) A Certified Texas Contract Developer may conduct
purchasing functions.
(3) Certified Texas Contract Manager requirements.
A state agency employee must be certified as a Certified Texas Contract
Manager to engage in contract management functions on behalf of a
state agency if the employee:
(A) has the job title of "contract manager" or "contract
administration manager" or "contract technician";
(B) performs contract management functions as 50% or
more of their job functions; or
(C) manages any contract in excess of $5,000,000.
(4) Certified Texas Contract Manager exemption. In
accordance with Government Code, §656.052(h)(2), a contract manager
whose contract management duties primarily relate to contracts described
by Government Code, §2262.002(b) is exempt from the contract
management certification requirements of this section.
(5) Licensed attorneys exemption. A licensed attorney
employed by a state agency performing procurement or contract management
functions described by this section is exempt from the certification
requirements of this section.
(d) Eligible applicants. To be eligible to apply for
and receive a certification, an applicant must be:
(1) a current Texas state or local government employee;
(2) at the sole discretion of the director, a contractor
as defined in subsection (b)(5) of this section; or
(3) at the sole discretion of the director, a student:
(A) currently enrolled in an accredited Texas university
or community college; or
(B) who has graduated within the last three years from
an accredited Texas university or community college.
(e) Requirements to receive certification.
(1) To be a Certified Texas Contract Developer, an
eligible applicant must:
(A) complete the Texas Contract Developer Certification
training course provided by the division;
(B) complete the division approved Texas Contract Developer
Certification examination with a score of 80% or higher;
(C) have completed payment for the course and the examination;
and
(D) be issued a Texas Contract Developer Certification.
(2) To be a Certified Texas Contract Manager, an eligible
applicant must:
(A) complete the Texas Contract Manager Certification
training course provided by the division;
(B) complete the division approved Texas Contract Manager
Certification examination with a score of 80% or higher;
(C) have completed payment for the course and the examination;
and
(D) be issued a Texas Contract Manager Certification.
(f) Training completion. To complete any training required
in this section, an eligible applicant must:
(1) register for the applicable training using the
electronic registration provided by the division on the official comptroller
website;
(2) provide documentation of eligibility acceptable
to the director;
(3) attend the applicable training course; and
(4) receive confirmation of course completion from
the director.
(g) Certification examinations.
(1) To take any certification examination required
in this section, an eligible applicant must register to take the examination
using the electronic registration provided by the division on the
official comptroller website within:
(A) three months of confirmation of completion of the
applicable course by the director; or
(B) the time period determined at the sole discretion
of the director with documented extenuating circumstances not to exceed
twelve months from confirmation of completion of the applicable course.
(2) If an applicant receives a score of less than 80%
following completion of the course, the applicant shall have two additional
attempts to obtain a score of 80% or higher during a time period not
to exceed six months following completion of the course.
(3) If the applicant does not obtain a score of 80%
or higher after three attempts, the applicant must retake the applicable
training course prior to retaking the examination.
(h) Certification issuance.
(1) To be issued any certification in this section,
eligible applicants must within three months of the issuance of examination
completion with a score of 80% or higher, submit:
(A) an application provided by the division on the
official comptroller website; and
(B) any other documents required by the director.
(2) If the director determines that all applicable
requirements have been satisfied, a certification will be issued to
the applicant.
(i) Continuing education.
(1) A procurement professional certified in this section
must complete twenty-four hours of in-person or online continuing
education every three years, one hour of which must be ethics, to
maintain certification. Twenty-three hours of the required hours must
be division-sponsored training and one hour may be an elective selected
by the professional, subject to division approval. The ethics requirement
must be satisfied by division-sponsored training.
(2) A procurement professional dual certified in this
section must complete thirty-six hours of in-person or online continuing
education every three years, one hour of which must be ethics, to
maintain dual certification. Thirty-four hours of the required hours
must be division-sponsored training and two hours may be elective
courses selected by the professional, subject to division approval.
The ethics requirement must be satisfied by division-sponsored training.
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