Section 10.40 - Enhanced Contract and Performance Monitoring; Website Posting(a) Purpose. Under Texas Government Code, § 2261.253, the finance agencies apply the following procedures concerning contracts for the purchase of goods or services from private vendors.(b) Applicability. (1) Finance agencies. This section applies to the agencies governed by the Finance Commission of the State of Texas: the Texas Department of Banking, the Texas Department of Savings and Mortgage Lending, and the Office of Consumer Credit Commissioner.(2) Documents not subject to this section. Documents not subject to this section include the following: (A) memoranda of understanding;(B) interagency contracts;(C) interlocal agreements; and(D) contracts that do not involve a cost.(c) Contract evaluation and monitoring.(1) Use of finance agency policies and contract management handbook. Contracts are evaluated and monitored in accordance with each respective finance agency's policies and contract management handbook. Each finance agency maintains a contract management handbook in accordance with Texas Government Code, § 2261.256.(2) Identifying contracts that require enhanced monitoring. Each finance agency will include risk assessment factors in its contract management handbook to identify contracts that require enhanced contract or performance monitoring. The risk assessment factors must include the following: (A) the total contract amount; (B) the type of contract purchase; (C) the impact to the agency and its mission; and (D) the compliance history of the contractor.(3) Finance Commission notice. If a finance agency identifies a contract that requires enhanced monitoring, the finance agency will notify the Finance Commission in accordance with its policies and contract management handbook. The finance agency will include in the notification any serious issues or risks identified with the contract.(d) Website posting.(1) Posting on finance agency website. Each finance agency will post on its website contracts that meet the posting requirements provided by Texas Government Code, § 2261.253.(2) Redaction of confidential information. Before posting the contracts under paragraph (1) of this subsection, each finance agency must redact information that is confidential by law, information excepted from public disclosure by the Texas Public Information Act (Texas Government Code, Chapter 552), and the social security number of any individual in accordance with Texas Government Code, § 2261.253(e).7 Tex. Admin. Code § 10.40
Adopted by Texas Register, Volume 43, Number 09, March 2, 2018, TexReg 1257, eff. 3/8/2018; Amended by Texas Register, Volume 49, Number 35, August 30, 2024, TexReg 6734, eff. 9/5/2024