| (a) In accordance with Tex. Gov't Code §2155.076,
the Board adopts by reference the rules of the Comptroller of Public
Accounts regarding purchasing protest procedures set forth in 34 Tex.
Admin. Code §20.384. All vendor protests under this rule must
be submitted to the Board's purchaser, who shall initiate a review
of the protest. Any appeal to a determination of a protest by the
purchaser shall be to the executive director, who may elect to submit
the appeal to the Board for final determination. The Board shall maintain
all documentation on the purchasing process that is the subject of
a protest or appeal in accordance with the Board's retention schedule.
(b) In accordance with Tex. Gov't Code §2156.005,
the Board adopts by reference the rules of the Comptroller of Public
Accounts regarding bid opening and tabulation set forth in 34 Tex.
Admin. Code §20.35.
(c) In accordance with Tex. Gov't Code §2260.052,
the Board adopts by reference the rules of the Office of the Attorney
General in 1 Tex. Admin. Code 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 Tex. Gov't Code §2261.202,
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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