Texas Administrative Code

(a) If the parties do not resolve a claim for breach of contract in its entirety through negotiation, mediation, or other assisted negotiation process in accordance with the rules in this division on or before the 270th day after the Commission receives the notice of claim, and a…

Unless the parties agree otherwise, each party shall be responsible for its own costs incurred in connection with a negotiation, including, without limitation, the costs of consultant's fees and expert's fees. Notes 16 Tex. Admin. Code § 20.47 The provisions of this §20.47 adopte…

(a) A settlement agreement may resolve an entire claim or any designated and severable portion of a claim. (b) To be enforceable, a settlement agreement shall be in writing and signed by representatives of the contractor and the Commission who have authority to bind each respecti…

The parties shall disclose their settlement approval procedures prior to, or at the beginning of, negotiations. The parties should select negotiators who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credibly reco…

The parties to a contract are encouraged to resolve any disagreement concerning the contract in the ordinary course of contract administration using informal procedures. Notes 16 Tex. Admin. Code § 20.21 The provisions of this §20.21 adopted to be effective February 12, 2004, 29 …

(a) Definitions. The following words and terms when used in this section shall have the following meanings, unless the context clearly indicates otherwise. (1) Commission--The Railroad Commission of Texas. (2) Commissioner--A member of the commission. (3) Contested case--A procee…

(a) The Commission adopts by reference the rules of the Office of the Attorney General in 1 TAC, Part 3, Chapter 70, relating to Cost of Copies of Public Information (formerly Texas Building and Procurement Commission in 1 TAC Chapter 111, Subchapter C, concerning cost of copies …

(a) The Commission adopts by reference the practices of the Texas Building and Procurement Commission (formerly the General Services Commission) found in 1 Texas Administrative Code § 113.5(b), relating to Bid Submission, Bid Opening and Tabulation, as that section was adopted ef…

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise: (1) Appeal determination letter--The DFA's written decision on an appeal of a director's protest determination. (2) Appeal…

(a) The Amy Young Barrier Removal Program is excluded from the survey requirements, to the extent funded with the Texas HTF. (b) When Program funds are used for acquisition or construction, an Improvement Survey showing the existing improvements on the site at the time of Activit…

(a) The Amy Young Barrier Removal Program is excluded from this section, to the extent funded with the Texas HTF. (b) Title Insurance Requirements. A "Mortgagee's Title Insurance Policy" is required for all Department Mortgage Loans, exclusive of subordinate lien Mortgage Loans f…

(a) The fees to be paid by the Department or Borrower upfront or through the closing must be reasonable for the service rendered, in accordance with the typical fees paid in the market place for such activities and: (1) Fees charged by third party Mortgage lenders are limited to …

(a) The Department, acting by and through its Executive Director or his/her designee, may authorize, execute, and deliver amendments to any written Agreement or Contract that is not a Household commitment contract, provided that the requirements of this section are met unless oth…

(a) The Department will perform monitoring of single family Program Contracts and Activities in order to ensure that applicable requirements of federal laws and regulations, and state laws and rules have been met, and to provide Administrators with clear communication regarding t…

Appeal of Department staff decisions or actions will follow requirements in Program Rules and Chapter 1 of this title (relating to Administration). Notes 10 Tex. Admin. Code § 20.15 The provisions of this §20.15 adopted to be effective November 1, 2012, 37 TexReg 8470; Amended by…

(a) This chapter only applies to single family Programs. Program Rules may impose additional requirements related to any provision of this chapter. Where a Program Rule is less restrictive and federal law does not preempt the item, the provisions of this chapter will govern Progr…

The following words and terms, when used in this chapter, shall have the following meanings unless the context indicates otherwise. Any capitalized terms not specifically defined in this section or any section referenced in this chapter shall have the meaning as defined in Chapte…

(a) The Department will make funds available for eligible Administrators for single family activities through NOFAs, requests for qualifications (RFQs), request for proposals (RFPs), or other methods describing submission and eligibility guidelines and requirements. (b) Funds may…

(a) Fair Housing. In addition to Chapter 1, Subchapter B of this title (relating to Accessibility and Reasonable Accommodations), an Administrator must comply with all applicable state and federal rules, statutes, or regulations, involving accessibility including the Fair Housing…

(a) The inspection requirements in this section are applicable to all construction activities, except for the Amy Young Barrier Removal Program, to the extent funded with Texas HTF. (b) Interim inspections of construction progress are required for a Draw Request. (c) Final inspec…

(a) The commission may establish and present such awards and prizes as it determines to be appropriate within its statutory authority. (b) The conditions of eligibility, procedures for consideration, and criteria for judging such awards shall be determined by the commission and m…

(a) Purpose. The commission is authorized to honor businesses that have existed in this state providing employment and supporting the Texas economy for 50 years or more with the Texas Treasure Business Award. (b) Definitions. The following words and terms shall have the following…

(a) Low-risk solicitations. If a solicitation qualifies as low-risk according to this section, an agency may designate it as low-risk when submitting it for CAT review. CAT may review a solicitation that has been designated as low-risk using an expedited process that focuses on k…

(a) An agency may not publish a solicitation on the ESBD or in the Texas Register until it obtains a CAT review of the solicitation and either complies with each recommendation or submits a written explanation regarding why the recommendation is not applicable to the solicitation…

(a) This division applies only to solicitations and contracts subject to monitoring by CAT. (b) Major information resources projects and any associated contracts, as defined in Government Code, Chapter 2054, are subject to monitoring by the Quality Assurance Team under the rules …

The following words and terms, when used in this division, shall have the following meaning unless the context clearly indicates otherwise. (1) CAT--The Contract Advisory Team established in Government Code, Chapter 2262, Subchapter C. (2) Key terms--Deliverables, duration, perfo…

(a) Each state agency employee or official who is involved in procurement or in contract management for a state agency shall disclose to the agency any potential conflict of interest specified by state law or agency policy that is known by the employee or official with respect to…

(a) The ESBD is established as a means for all state agencies to post notice directly and electronically in an electronic procurement marketplace on the Internet before making a procurement with a value that exceeds $25,000. (b) The requirements of this subchapter are in addition…

(a) For each contract for the purchase of goods or services from a private vendor, each state agency shall post on its Internet website: (1) each contract the agency enters into, including contracts entered into without inviting, advertising for, or otherwise requiring competitiv…

(a) In compliance with Government Code, § 441.1855 and the Act, a state agency shall maintain sufficient records and reports to verify compliance with Government Code, § 2155.083 , the Act and these rules, including: (1) each contract entered into by the state agency by the agenc…

(a) The contractor may request a review of the director's finding. To obtain a review, the contractor shall submit a written request for that review within ten (10) days of receipt of the director's finding. Upon timely written request from the affected contractor, a finding that…

(a) Method and content of notice. The director shall notify the contractor by the most expeditious method available, including but not limited to telephone, e-mail, and fax, of an action under this subchapter. In addition to the most expeditious method, the director shall also no…

(a) Director actions. Under this subchapter, the director may, in order to protect the interests of the state: (1) conduct an investigation upon a complaint regarding a contractor's acts and omissions in procurement or performance of that contract where the complaint may constitu…

In this division, bidders lists means the centralized master bidders list maintained by the comptroller and all other state bidders lists. Notes 34 Tex. Admin. Code § 20.582 Adopted by Texas Register, Volume 42, Number 03, January 20, 2017, TexReg 243 , eff. 1/24/2017

(a) When a contractor's goods or services fail to meet contract specifications, the comptroller shall consider: (1) the degree and nature of the variation between the contract specifications and the specifications of the goods or services actually delivered or offered for deliver…

(a) When a contractor's goods or services fail to meet contract requirements, the comptroller shall consider whether the failure was: (1) a complete failure to deliver the goods and services or failure to deliver: (A) in the time period specified in the contract; (B) to the locat…

(a) Pursuant to Government Code, § 2155.065 , the comptroller is authorized to make contracts for the purchase of goods and services from the Texas Department of Criminal Justice (TDCJ) for use by other qualified ordering entities. The commission may notify agencies of the availa…

(a) Pursuant to Government Code, § 2156.181 , the comptroller may enter into compacts or cooperative purchasing agreements directly with one or more state governments, agencies of other states, or other governmental entities, or may participate in, sponsor, or administer a cooper…

(a) A state agency may purchase goods or services under a contract made by another state agency other than the comptroller by complying with this rule. (b) Before making a particular purchase from a contract made by another state agency, the requesting state agency must notify th…

(a) A state agency may not purchase or lease a vehicle designed or used primarily for the transportation of persons, including a station wagon, that has a wheel base longer than 113 inches or that has more than 160 SAE net horsepower, except that the vehicle may have a wheel base…

(a) An agency may acquire capital equipment by lease-purchase if it is cost effective. (b) If a proposed lease purchase is for information resources technologies, as defined in Government Code, Title 10, Chapter 2054, Subchapter A, the requisition must include written evidence th…

All multiple award schedule contract purchases with a total value exceeding $25,000 must be posted on the ESBD after the purchase order has been placed. The minimum posting times in this subchapter do not apply. Notes 34 Tex. Admin. Code § 20.233 Adopted by Texas Register, Volume…

(a) Pursuant to Government Code, § 2155.502 , the comptroller will develop a schedule of multiple award contracts. (b) All contracts on schedule shall meet the following standards: (1) have been previously awarded using a competitive process by the federal government or any other…

Pursuant to Government Code, § 2155.062(a)(4) and (d) , the comptroller may use the reverse auction procedure as a method of purchasing goods and services. In this competitive method of purchasing, bidding is a real time process lasting for a specified period of time, during whic…

For purchases of goods which the purchasing agency estimates to be of a total value of $10,000 or less, the purchasing agency shall conduct such procurements in compliance with the processes outlined in the state procurement manual and contract management guide described in § 20.…

(a) Emergency procurement requirements over $25,000 must be posted to the ESBD, but the minimum posting times in this subchapter do not apply. (b) In addition to the posting requirements for emergency procurements set forth in this subchapter, all other comptroller procedures gov…

(a) If the division finds that a state agency has submitted specifications or conditions of purchase which are proprietary to one vendor and do not permit an equivalent good or service to be supplied, the division may require the state agency to provide written justification befo…