Texas Administrative Code

(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) The contract manager or procurement director of each state agency shall: (1) approve each state agency contract for which the agency is required to purchase goods or services using the best value standard; (2) ensure that, for each contract, the agency documents the best valu…

(a) A copy of the solicitation posting will automatically be sent electronically to the registered agent's e-mail address, if an e-mail address was provided on the user registration form. If the registered agent does not have e-mail access, it is the responsibility of the registe…

(a) Entire solicitation. If the state agency posts the entire solicitation package, including attachments, the solicitation must be posted until the latest of: (1) 14 calendar days after the date the solicitation package is first posted; or (2) the date the state agency will no l…

(a) Each state agency shall post its own notices or solicitations on the ESBD. (b) Each state agency that issues a solicitation estimated to exceed $25,000 shall post on the ESBD and issue to all bidders in the relevant categories and regions that were listed on the Centralized M…

An internal repair is defined as a repair where the extent of the work cannot be determined until the equipment is disassembled. An internal repair must contain labor and may also include parts. Internal repairs over $25,000 must be posted to the ESBD, but the minimum posting tim…

(a) Availability of method. A state agency may follow the competitive sealed proposals procurement method to acquire goods or services if it determines that competitive sealed bidding and informal competitive bidding are not practical or are disadvantageous to the state. (b) Soli…

(a) Bid submission. (1) A state agency shall: (A) solicit proposals under this subchapter by making available an invitation for bids that contains all the information needed to make a responsive bid, the factors other than price that will be used to determine best value for the s…

(a) To procure goods or services, a state agency may use the following procurement methods as further prescribed by this subchapter: (1) competitive sealed bidding; (2) competitive sealed proposals; (3) proprietary purchases; (4) emergency procurements; (5) small purchases; (6) r…

The underlying purposes and policies of these rules are to: (1) provide confidence in the procedures followed in public procurement to the public, the legislature, state agencies and vendors; (2) provide for consistent and uniform management of procurement processes and contracts…

(a) Requisitions. (1) A purchase is initiated by a state agency's submission of a requisition containing desired specifications and evaluation criteria either electronically or on a form provided or approved by the comptroller. The requisition must also include the agency's certi…

(a) Preparation of Texas Uniform Standards and Specifications. (1) The procedure used in developing uniform standards and specifications includes consultation, research, collection, and evaluation of data, and preparation of the specification. The division consults with knowledge…

Employees of agencies, and contractors as defined in § 20.133 of this title, who perform purchasing functions under delegated authority shall adhere to the same ethical standards required of comptroller employees, and shall avoid all conflicts of interest in their purchasing acti…

(a) Purpose. The purpose of these rules is to provide a uniform procedure through which the division will train and certify individuals who conduct government procurement functions. (b) Definitions. The following words and terms when used in this section shall have the following …

(a) Each state agency shall comply with the state procurement manual and contract management guide. (b) Procurement plan. State agencies shall formulate an agency procurement plan that identifies an agency's management controls and purchasing oversight authority in accordance wit…

(a) The comptroller shall develop and periodically update a procurement manual and contract management guide for use by state agencies. (b) To prepare the guide, the comptroller shall consult with the attorney general and the Department of Information Resources. The comptroller m…

(a) Each state agency must comply with the procedures established by the comptroller when posting solicitation notices on the ESBD. The comptroller will provide an ESBD User's Manual online with instructions for posting solicitations and awards on the ESBD. (b) Information for ea…

(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 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) 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 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) 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) 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…

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) The contractor and Commission may agree to mediate the dispute at any time before the 270th day after the Commission receives a notice of claim of breach of contract, or before the expiration of any extension agreed to by the parties in writing. (b) A contractor and the Commi…

(a) A mediator shall not impose his or her own judgment on the issues for that of the parties. The mediator shall be acceptable to both parties. (b) The mediation is subject to the provisions of Texas Government Code, Chapter 2009, the Governmental Dispute Resolution Act. (c) To …

(a) Parties may agree to use mediation as an option to resolve a breach of contract claim at the time they enter into the contract and include a contractual provision to do so. The parties may mediate a breach of contract claim even absent a contractual provision to do so if both…

(a) The mediator shall possess the qualifications required under Texas Civil Practice and Remedies Code, § 154.052 , be subject to the standards and duties prescribed by Texas Civil Practice and Remedies Code, § 154.053 , and have the qualified immunity prescribed by Texas Civil …

(a) A mediation conducted under the rules in this division is confidential in accordance with Texas Government Code, § 2009.054 . (b) The confidentiality of a final settlement agreement to which the Commission is a signatory that is reached as a result of the mediation is governe…

(a) The Commission shall use the following factors to assess each contract and determine whether enhanced contract monitoring is necessary. (1) the complexity of the services; (2) the contract amount; (3) whether the services or vendor are new or have changed significantly; and (…

(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 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 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 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 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) If a protest is based on a solicitation or contract award, the protesting party may appeal a determination of a protest by the director to the general counsel. An appeal of the director's determination must be in writing and received in the office of the general counsel not l…

(a) The comptroller's statewide procurement division shall assess all damages and shall collect damages and recover testing costs on behalf of the using qualified ordering entity. (b) Failure on the part of the supplier to pay an assessed damage or testing cost may be cause for s…

(a) The purpose of this subchapter is to protect the interests of the state and to ensure public confidence in the integrity of the state's procurement laws, policies and practices. Debarment is a discretionary action and shall be undertaken only for the reasons in, and under the…

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) 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…

(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…