Section 272.3 - Contract and Purchasing Procedures(a) In accordance with § 2155.076 of the Government Code, the Board 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 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 § 2156.005 of the Government Code, the Board 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 Board 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.(e) Enhanced Contract and Performance Monitoring. (1) The Board will complete a risk assessment to identify procurement contracts for goods or services from a private vendor that require enhanced contract or performance monitoring. (2) For all contracts with a value greater than $25,000, the Executive Director will complete a risk assessment to evaluate whether enhanced contract or performance monitoring may be required. The risk assessment may consider the following factors: total cost of the contract, including contract renewals; risk of loss to the agency under the contract; risk of fraud, waste or abuse; scope of the goods or services provided; availability of agency resources; complexity of the contract; vendor past performance; and whether the vendor is a foreign or domestic person or entity.(3) Contracts identified for enhanced contract and/or performance monitoring will be reported to the Board at the first regular Board meeting after the contract is executed. The report shall include: the basis for the determination that enhanced contract or performance monitoring is appropriate; any serious issues or risks identified with the contract, if applicable; and the plan for carrying out the enhanced contract or performance monitoring.(4) For any contract subject to enhanced contract or performance monitoring, the Executive Director shall provide the Board with progress reports, as directed by the Board.(5) This section does not apply to a memorandum of understanding, interagency contract, interlocal agreement, or contract for which there is not a cost.22 Tex. Admin. Code § 272.3
The provisions of this §272.3 adopted to be effective December 25, 2000, 25 TexReg 12688; Amended by Texas Register, Volume 42, Number 01, January 6, 2017, TexReg 16, eff. 1/11/2017; Amended by Texas Register, Volume 49, Number 37, September 13, 2024, TexReg 7324, eff. 9/16/2024