Section 20.221 - Special Rules for Contract Awards Requiring an Open Meeting(a) The purpose of this section is to provide for the efficient and effective administration of the provisions of the Government Code relating to certain contract awards by the division in compliance with Government Code, § 2155.086.(b) Except as otherwise provided, this section applies to the award of a contract by the division that: (1) relates to the powers and duties transferred to the comptroller under Government Code, § 2151.004(d); (2) is reasonably expected by the division at the time of the award to have a value of $100,000 or more over the life of the contract; and(3) is evaluated based wholly or partly on best value factors other than cost. (c) This section does not apply to: (1) the award of a contract by the chief clerk on behalf of divisions of the comptroller other than the division, or for multiple divisions of the comptroller that also include the division, that do not relate to the powers and duties transferred to the comptroller under Government Code, § 2151.004(d);(2) the award of a contract by any state agency, local government or any other authorized entity under a statewide or master contract established by the division, including without limitation, a state term contract or Texas multiple award schedule contract;(3) any part of the contracting process other than the award, including without limitation planning, budgeting, solicitation, pre-response conference, respondent presentation, evaluation, development of staff or evaluation committee recommendations, negotiation, and signature; (4) a renewal, extension, or amendment of a contract provided for in the written solicitation for the original contract;(5) an emergency purchase or other contract award for which delay would create a hazard to life, health, safety, welfare, or property or would cause undue additional cost to the state;(6) the award of a contract by any state agency, local government or any other authorized entity under a contract that is not subject to or otherwise exempt from submission to, delegation by or other authority of the division; or (7) reverse auctions or any other purchase method that does not involve consideration and evaluation, prior to contract award, by the division on best value evaluation factors other than cost.(d) As used in this section, the chief clerk of the comptroller includes the chief clerk or his or her designee.(e) To award a contract to which this section applies, the chief clerk shall chair and conduct a public meeting to make the contract award. The chief clerk shall determine the time and location for the meeting. The meeting must comply with the applicable provisions of Government Code, Chapter 551, including requirements relating to posting notice of the meeting. The division shall post notice of the meeting on its website and in the state business daily. The office of the attorney general shall advise the chief clerk and the division on the applicable provisions of Chapter 551 upon request.(f) Before the open meeting, the chief clerk may review any written recommendations for the proposed contract award submitted by the staff of the division or by an evaluation committee established by the division for the proposed contract. The chief clerk may discuss and review these written recommendations for proposed contract award with the staff or evaluation committee prior to the open meeting and may request that additional or clarifying written information be obtained for presentation in the public meeting. The chief clerk shall make the staff's or committee's final written recommendations available to the public at the meeting.(g) A contract awarded by the chief clerk under this section is not considered final and does not bind the state until all negotiations are completed, if applicable, and all parties to the contract have signed the final contract.(h) The division shall post notice of a contract award made in an open meeting under this section on its website and in the state business daily.(i) The division shall post the text of a contract awarded in an open meeting under this section on its website and in the state business daily, except for information in a contract that is not subject to disclosure under Government Code, Chapter 552. Information that is not subject to disclosure under Chapter 552 shall be referenced in an appendix that generally describes the information without disclosing the specific content of the information.(j) In making the determination of whether a contract is reasonably expected to have a value of $100,000 over the life of the contract, the division may review all available information, including available renewals or extensions, pricing or quantity options, purchase requisitions, estimated budgets, legislative appropriations, market research, previous similar contracts, total previous agency purchase orders under a statewide contract and other pertinent information. For open market awards where the division is requested to evaluate and award a purchase order for an agency or other authorized entity, the division may consider an agency's expectation of contract value along with other available information. (k) The emergency standard is a purchase or other contract award for which delay would create a hazard to life, health, safety, welfare, or property or would cause undue additional cost to the state. An agency's or other authorized entity's documentation to support a request for an emergency contract award by the division is the same documentation as that which would reasonably support an agency's own emergency purchase.34 Tex. Admin. Code § 20.221
The provisions of this §20.221 adopted to be effective August 26, 1999, 24 TexReg 6467; amended to be effective February 11, 2004, 29 TexReg 1196; transferred effective September 1, 2007, as published in the Texas Register July 6, 2007, 32 TexReg 4237; Adopted by Texas Register, Volume 42, Number 03, January 20, 2017, TexReg 233, eff. 1/24/2017