Texas Administrative Code

The comptroller enters into term contracts for the purchase or lease of goods or services used in large quantities by several state agencies. The term of the contract is determined by the comptroller. (1) Bid invitations. (A) The comptroller maintains records of the quantities an…

(a) Except as provided for in subsection (b) of this section, state agencies must purchase from Department of Information Resources (DIR) cooperative contracts those automated information systems that are designated as commodity items by Government Code, § 2157.068 . (b) A state …

(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…

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) 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…

(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) 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) 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) 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) As used throughout this chapter, words and terms defined in the State Purchasing and General Services Act, Government Code, Title 10, Subtitle D, and the Code Construction Act, Government Code, Chapter 311 shall have the same meaning as defined therein, and each word or term …

(a) In determining the extent of active participation in the control, operation and management necessary for qualification as a HUB, the comptroller may consider all relevant evidence. In considering and applying the factors set forth in this subsection, the comptroller will cons…

(a) Agencies are required to prepare a written HUB business plan, which shall provide for increasing the utilization of HUBs in purchasing, and in public works contracts in accordance with Government Code, § 2161.123 . (b) Pursuant to Government Code, § 2161.003 , state agencies …

(a) Non-treasury funds. State agencies will report to the comptroller, not later than March 15 of each year regarding the previous six-month period and on September 15 of each year regarding the preceding fiscal year, the payments made for the purchase of goods and services award…

An applicant may protest the comptroller's denial or revocation of certification by filing a protest through the online HUB certification system within 30 days after the date the comptroller sent notice of the denial or revocation to the applicant. The director will consider the …

(a) In accordance with Government Code, § 2161.066 , the comptroller shall design a program of forums in which HUBs are invited by state agencies to deliver technical and business presentations that demonstrate their capability to do business with the state agency: (1) to senior …

(a) In this section the following terms shall have the meaning set forth herein. (1) Digital signature--A signature that: (A) is created as an electronic identifier by cryptographic means involving the use of two mathematically related keys (i.e., a public and private key pair, o…

(a) Texas and United States products and Texas services. The terms used in this section are as defined by Government Code. §2155.444(c). (1) If goods, including agricultural products, produced or grown in this state or offered by Texas bidders are not equal in cost and quality to…

(a) The comptroller may designate as "First Choice" certain recycled, remanufactured or environmentally sensitive commodities or services. (b) First Choice items are designated recycled, remanufactured, and environmentally sensitive commodities or services that state agencies sha…

(a) The Vehicle Fleet Management System is the responsibility of the Office of Vehicle Fleet Management. The comptroller maintains the main repository and database for all vehicle information submitted by each state agency in accordance with this subsection. The comptroller is re…

(a) The Office of Vehicle Fleet Management of the comptroller facilitates, encourages, and expedites alternative fuels use by state agencies and school districts. (b) The Office of Vehicle Fleet Management of the comptroller provides informational materials regarding alternative …

(a) Any state agency operating a fleet of more than 15 motor vehicles, excluding law enforcement and emergency vehicles, shall have a fleet percentage of alternative fuel vehicles equal to or greater than 30% of the total number of such vehicles operated by September 1, 1994, and…

A waiver issued under section § 20.437 of this title (relating to Waiver of Vehicles to Meet Required Fleet Percentages) shall be kept on file by the comptroller for two years from date of issuance. A valid, current waiver on file for a state agency shall be deemed sufficient bas…

Pursuant to Government Code, § 2171.103 , the comptroller shall take all steps necessary to encourage the use of alternative fuels. (1) Each state vehicle equipped from the manufacturer or modified by a conversion facility to be capable of operating on an alternative fuel shall o…

Pursuant to Government Code, § 2172.006 , the purchase price of an official state lapel pin, and an official state ring for purchase by members and former members of the Texas House of Representatives and the Texas Senate is established in this section. Price may be adjusted peri…

The following words and terms, when used in this division, shall have the following meanings, unless the context clearly indicates otherwise. (1) Bona fide dispute--A difference of opinion held in good faith by a vendor and a governmental entity. (2) Disputed invoice--Includes, b…

Pursuant to Government Code, § 2155.069 , the comptroller may establish and maintain a program of testing and inspecting purchases pursuant to a contract administered by the comptroller at the request of state agencies to insure that the materials, supplies, services, and equipme…

(a) Items are selected for inspection and/or testing under the following conditions: (1) Notice from a using qualified ordering entity. If a using qualified ordering entity determines that any supplies, materials, services, or equipment received do not meet specifications, it is …

Testing may be performed by any of the following facilities or laboratories: (1) comptroller laboratory; (2) laboratories of other state agencies, universities, institutions, etc. (interagency contracts); (3) independent commercial testing laboratories; or (4) any other testing f…

(a) In the event the product tested fails to meet or exceed all conditions and requirements of the specification and/or contract, the cost of the sample used and the cost of the testing shall be borne by the supplier. (b) In the event the product tested meets and/or exceeds all c…

(a) Inspection of merchandise. (1) Qualified ordering entities must inspect all shipments received against orders and report any discrepancies to the comptroller immediately. (2) If unlisted shortages are discovered, the contractor and the comptroller must be notified immediately…

(a) To receive payment, a contractor must submit an invoice to the state agency receiving the goods or services. The invoice must include any information required by the customer agency, in addition to the following minimum information: (1) the contractor's mailing and e-mail (if…

(a) If the payment request has been submitted according to the statewide accounting system requirements and these rules, the comptroller shall initiate payment to the state agency for the amount identified in the payment request by: (1) electronic funds transfer; or (2) warrant. …

(a) A state agency using the centralized accounting, payroll, and personnel system (CAPPS), or any successor system used to implement the enterprise resource planning component of the uniform statewide accounting project developed under Government Code, § 2101.035 and § 2101.036 …

The negotiation and mediation of breach of contract claims asserted by contractors against the comptroller shall be governed by Chapter 1, Subchapter F of this title (Negotiation and Mediation of Contract Disputes). Notes 34 Tex. Admin. Code § 20.557 Adopted by Texas Register, Vo…

(a) The comptroller adopts by reference the rule of the Office of the Attorney General, Title 1, Part 3, Texas Administrative Code relating to Collections. The Office of the Attorney General rules are located at the Office of the Secretary of State's web site. (b) The rules set f…

The following words and terms, when used in this section, shall have the following meaning unless the context clearly indicates otherwise. (1) Contract manager--Has the meaning assigned by Government Code, § 2262.001 . (2) Procurement director--The employee designated by a state …

(a) Each state agency shall include in the contract file for each of its contracts with a value exceeding $50,000 a checklist to ensure the agency's compliance with state laws and rules relating to the acquisition of goods and services by the agency. (b) A state agency's procurem…

(a) Before a state agency may award a contract to a vendor, the agency's procurement director must review the process and all documents used by the agency to assess each vendor who responded to the solicitation. This requirement applies only to a procurement of goods and services…

(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…

(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) Any interested person may petition the commission to request the adoption of a rule. For the purposes of this section, an interested person must be: (1) a resident of Texas; (2) a business entity located in Texas; (3) a governmental subdivision located in Texas; or (4) a publ…

If the commission finds that an imminent peril or extraordinary circumstance may threaten the public health, safety, or welfare or the integrity of the commission's regulatory programs, and requires the adoption of a rule on less than 30 day's notice, it may adopt an emergency ru…