reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 1 - CONTRACT ADMINISTRATION › Section 20.483 - Inspection and/or Testing

Current through Reg. 49, No. 28; July 12, 2024
(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
					 the responsibility of the qualified ordering entity to notify the division in
					 writing detailing the reasons why the item received does not meet the
					 specifications of the contract.
(2) Notice from purchaser. The various
					 purchasers within the division may "flag" purchase orders at time of issue with
					 a request for inspection and/or testing of the items purchased after their
					 arrival at the receiving qualified ordering entity.
(3) Previous experience with products and/or
					 vendors. The comptroller's inspector may direct inspections and/or testing of
					 products based on previous experience of deficiency of the products or of
					 vendors delivering products other than those specified on the purchase order.
(4) Items selected at random. The
					 comptroller's inspector may direct inspections and/or testing of items selected
					 from purchase orders at random for spot checking.
(5) Request from contractor. A contractor may
					 request the inspection of items purchased prior to or after delivery of the
					 items to the qualified ordering entity. Such inspections are made only upon the
					 approval of the director.
(6)
					 Certificate and/or test report from independent testing laboratory. When deemed
					 necessary, the division may require a respondent and/or the contractor to
					 supply a certificate and/or a test report from an independent testing
					 laboratory showing that the product offered or delivered meets or exceeds the
					 requirements of the specification and/or contract.
(7) In-plant inspection. When approved by the
					 director, certain items may be inspected by comptroller personnel or the
					 comptroller's designated agent in the plant of the manufacturer during the
					 process of manufacture. Examples of the type of items so inspected include
					 school buses, paint, retreating rubber for tires, etc. Products not meeting
					 specifications may be rejected prior to shipment.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 1 - CONTRACT ADMINISTRATION › Section 20.484 - Testing Facilities and/or Laboratories

Current through Reg. 49, No. 28; July 12, 2024
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 facility or laboratory
					 which the comptroller may deem qualified to test the product in
					 question.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 1 - CONTRACT ADMINISTRATION › Section 20.485 - Cost of Testing

Current through Reg. 49, No. 28; July 12, 2024
(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 conditions and requirements of the specification and/or
					 contract, but the item and/or test sample is destroyed in the testing process,
					 then the cost of the item or test sample used shall be borne by the
					 supplier.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 1 - CONTRACT ADMINISTRATION › Section 20.486 - Contract Administration

Current through Reg. 49, No. 28; July 12, 2024
(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. Unless shipments
					 are checked immediately upon arrival and such shortage reports are made within
					 15 days, the contractor cannot be held responsible for shortages.
(3) A contractor may be required to pick up
					 any merchandise not conforming to specifications and replace the merchandise
					 immediately.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 1 - CONTRACT ADMINISTRATION › Section 20.487 - Invoicing Standards

Current through Reg. 49, No. 28; July 12, 2024
(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
					 applicable) address;
(2) the
					 contractor's telephone number;
(3)
					 the name and telephone number of a person designated by the contractor to
					 answer questions regarding the invoice;
(4) the state agency's name, agency number,
					 and delivery address;
(5) the state
					 agency's purchase order number, if applicable;
(6) the contract number or other reference
					 number, if applicable;
(7) a valid
					 Texas identification number (TIN) issued by the comptroller;
(8) a description of the goods or services,
					 in sufficient detail to identify the order which relates to the
					 invoice;
(9) unit numbers
					 corresponding to the amount of the invoice;
(10) if submitting an invoice after receiving
					 an assignment of a contract, the TIN of the original contractor and the TIN of
					 the successor vendor;
(11) other
					 relevant information supporting and explaining the payment requested.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 1 - CONTRACT ADMINISTRATION › Section 20.488 - Payments

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 2 - REPORTS AND AUDITS › Section 20.506 - State Agency Reporting of Contracting Information

Current through Reg. 49, No. 28; July 12, 2024
(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,
					 shall use CAPPS to provide to the comptroller the contract and purchasing
					 information required pursuant to §
											5.302
					 of this title (relating to State Agency Reporting of Contracting Information).
(b) State agencies shall report
					 contract information as required by the Legislative Budget Board Detailed
					 Contract Reporting Requirements provided on the Legislative Budget Board web
					 site.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 2 - REPORTS AND AUDITS › Section 20.507 - Required Posting of Certain Contracts; Enhanced Contract and Performance Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(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 competitive bidding before selection of the contractor,
					 until the contract expires or is completed;
(2) the statutory or other authority under
					 which a contract that is not competitively bid under paragraph (1) of this
					 subsection is entered into without compliance with competitive bidding
					 procedures; and
(3) the request
					 for proposals related to a competitively bid contract included under paragraph
					 (1) of this subsection until the contract expires or is completed.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 2 - REPORTS AND AUDITS › Section 20.508 - Retention of Contract and Related Documents by State Agencies

Current through Reg. 49, No. 28; July 12, 2024
(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 agency pursuant to the Act and
					 these rules;
(2) all contract
					 solicitation documents related to the contract;
(3) all documents that reflect and identify
					 the basis for any agency decisions relating to a procurement, including actions
					 taken which deviate from requirements or recommendations in the state
					 procurement manual or contract management guide;
(4) all purchase orders, change orders, and
					 invoices associated with the contract;
(5) all contract amendments, renewals, or
					 extensions executed by the agency; and
(6) all other documents necessary to record
					 the full execution and completion of the each contract.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 2 - REPORTS AND AUDITS › Section 20.509 - Vendor Performance Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) A state agency
					 shall submit a report and grade of a vendor's performance to the vendor
					 performance tracking system as stated in §
											20.115 of this title (relating to
					 Vendor Performance Tracking System) for:
(1)
					 each purchase exceeding $25,000 from contracts administered by the comptroller
					 or the Department of Information Resources; and
(2) each agency contract, except as provided
					 by subsection (f) of this section
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 2 - REPORTS AND AUDITS › Section 20.510 - Auditing of Purchase Related Documentation

Current through Reg. 49, No. 28; July 12, 2024
(a) General. The comptroller audits payment
					 vouchers and the associated purchasing documents which establish the basis for
					 the claim for payment from state appropriated funds in accordance with
					 Government Code, Title 10, Subtitle D, §2155.324.
(b) Auditing procedure. The comptroller
					 audits purchasing data for compliance with applicable statutes and rules of the
					 comptroller. The comptroller may determine the extent and method of audits to
					 be performed. Agencies will be required to furnish documentation of both
					 delegated and non-delegated purchases to the comptroller for these audits as
					 needed. Audit fieldwork may be performed at the agency site or remotely.
(c) Agency notification. The
					 comptroller will communicate audit results to the agency head, agency's
					 directors of purchasing, and fiscal and/or business manager. If the results are
					 determined by the comptroller to be unacceptable then delegation of authority
					 for some or all purchase categories may be suspended.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 2 - REPORTS AND AUDITS › Section 20.511 - Contracts with Value Exceeding $1 Million

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 For each contract for the purchase of goods or services that has a value
					 exceeding $1 million, a state agency shall develop and implement contract
					 reporting requirements that provide information on:
(1) compliance with financial provisions and
					 delivery schedules under the contract;
(2) corrective action plans required under
					 the contract and the status of any active corrective action plan; and
(3) any liquidated damages
					 assessed or collected under the contract.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 2 - REPORTS AND AUDITS › Section 20.512 - Applicability; Exclusions

Current through Reg. 49, No. 28; July 12, 2024
(a) Notwithstanding
					 Government Code, §§
											2261.001, 20.511
					 and 20.512 apply to the Texas Department of Transportation and to an
					 institution of higher education acquiring goods or services under Education
					 Code, §
											51.9335
					 or §
											73.115.
(b) This section and §
											20.511
					 of this title (relating to Contracts with Value Exceeding $1 Million) do not
					 apply to a contract of the Employees Retirement System of Texas or the Teacher
					 Retirement System of Texas except for a contract with a nongovernmental entity
					 for claims administration of a group health benefit plan under Insurance Code,
					 Title 8, Subtitle H.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 3 - PROTESTS AND APPEALS › Section 20.531 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This division sets forth protest procedures for
						resolving protests relating to purchasing issues under Government Code, §
											2155.076.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 3 - PROTESTS AND APPEALS › Section 20.532 - Protest Procedures

Current through Reg. 49, No. 28; July 12, 2024
Except as otherwise provided by law, a state agency's
						protest procedures must be consistent with comptroller's rules. State agencies
						shall submit a copy of the agency's adopted protest procedures to the
						comptroller during the post-payment audit of the agency's purchasing documents
						or upon request by the comptroller.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 3 - PROTESTS AND APPEALS › Section 20.533 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						section, shall have the following meaning unless the context clearly indicates
						otherwise.
(1) Chief clerk--Deputy
					 comptroller of the comptroller.
(2) General counsel--General counsel of the
					 comptroller.
(3) Interested
					 parties--Vendors who submit bids, proposals or other written expressions of
					 interest in response to a specific solicitation for goods or services.
(4) Using agency--A state agency,
					 governmental entity, or other entity involved in the contract.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 3 - PROTESTS AND APPEALS › Section 20.534 - Protests

Current through Reg. 49, No. 28; July 12, 2024
(a) A vendor who submitted a written response
					 to a solicitation may file a protest with the director for actions taken by the
					 comptroller on the following:
(1) the
					 solicitation documents or actions associated with the publication of
					 solicitation documents;
(2) the
					 evaluation or method of evaluation for a solicitation; or
(3) the award of a contract.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 3 - PROTESTS AND APPEALS › Section 20.535 - Filing Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) To be considered
					 by the comptroller, a protest must be:
(1) in
					 writing and contain:
(A) the specific rule,
					 statute or regulation the protesting vendor alleges the solicitation, contract
					 award or tentative award violated;
(B) a specific description of each action by
					 the division that the protesting vendor alleges is a violation of the statutory
					 or regulatory provision the protesting vendor identified in subparagraph (A) of
					 this paragraph;
(C) a precise
					 statement of the relevant facts including:
(i)
					 sufficient documentation to establish that the protest has been timely
					 filed;
(ii) a description of the
					 adverse impact to the comptroller and the state; and
(iii) a description of the resulting adverse
					 impact to the protesting vendor;
(D) a statement of the argument and
					 authorities that the protesting vendor offers in support of the
					 protest;
(E) an explanation of the
					 subsequent action the vendor is requesting; and
(F) a statement confirming that copies of the
					 protest have been mailed or delivered to the using agency;
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 3 - PROTESTS AND APPEALS › Section 20.536 - Delay of Solicitation or Award

Current through Reg. 49, No. 28; July 12, 2024
If a timely protest of a solicitation or contract award
						is filed under this section, the director may, after consultation with the
						using agency, delay the solicitation or award of the contract if the director
						makes a determination that the contract must be awarded without delay, to
						protect the best interests of the state.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 3 - PROTESTS AND APPEALS › Section 20.537 - Action by Director

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon receipt of
					 a protest, the director may:
(1) dismiss the
					 protest if:
(A) it is not timely;
					 or
(B) does not meet the
					 requirements of §
													20.535 of
					 this title (relating to Filing Requirements); or
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 3 - PROTESTS AND APPEALS › Section 20.538 - Appeal

Current through Reg. 49, No. 28; July 12, 2024
(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 later than 10 days after the date the director sent written notice
					 of the director's determination. The scope of the appeal shall be limited to
					 review of the director's determination. The protesting party must mail or
					 deliver to the using agency and all other interested parties a copy of the
					 appeal, which must contain a certified statement that such copies have been
					 provided.
(b) The general counsel
					 may refer the matter to the associate deputy comptroller or chief clerk for
					 consideration or may issue a written decision that resolves the protest.
(c) If the general counsel refers
					 the protest to the associate deputy comptroller or chief clerk, the general
					 counsel shall deliver the information the associate deputy comptroller or chief
					 clerk determines necessary.
(d) A
					 protest or appeal that is not filed timely shall not be considered unless good
					 cause for delay is shown or the chief clerk determines that an appeal raises
					 issues that are significant to agency procurement practices or procedures in
					 general.
(e) A written decision
					 issued by the chief clerk, associate deputy comptroller or the general counsel
					 shall be the final administrative action of the comptroller.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 4 - CONTRACT DISPUTES › Section 20.556 - Assessing and Collecting Damages and Testing Costs

Current through Reg. 49, No. 28; July 12, 2024
(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 suspension from the
					 state bid list.
(c) If the
					 director identifies repeated complaints on any vendor, that vendor may be
					 removed by the director from the comptroller's bid lists through the debarment
					 process as set forth in Subchapter G of this chapter.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 4 - CONTRACT DISPUTES › Section 20.557 - Negotiation and Mediation of Contract Disputes

Current through Reg. 49, No. 28; July 12, 2024
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).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 4 - CONTRACT DISPUTES › Section 20.558 - Collection of Debts

Current through Reg. 49, No. 28; July 12, 2024
(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 forth
					 a process for collection of delinquent obligations owed to the comptroller in
					 accordance with Government Code, Chapter 2107, §2107.002.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 5 - PROCUREMENT DIRECTOR › Section 20.560 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
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 agency to oversee and be primarily responsible for the
					 procurement of goods and services for the agency.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 5 - PROCUREMENT DIRECTOR › Section 20.561 - Certification of Contract File

Current through Reg. 49, No. 28; July 12, 2024
(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
					 procurement director may delegate to a person in the agency's procurement
					 division the authority to certify the contract file checklist under Government
					 Code, §
											2262.053(f)
					 under the following conditions:
(1) the
					 agency has developed a checklist of documents required by state law or
					 applicable agency rules to be maintained in the contract file;
(2) the agency's procurement division has a
					 documented system for ensuring that contract files include complete copies of
					 all documents required by the checklist, and that the contract file is retained
					 by the agency as required by law; and
(3) the delegation is in
					 writing.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 5 - PROCUREMENT DIRECTOR › Section 20.562 - Certification of Vendor Assessment

Current through Reg. 49, No. 28; July 12, 2024
(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 to which Government Code, §
											2261.0525
					 applies.
(b) A state agency's
					 procurement director may delegate to a person in the agency's procurement
					 office the authority to review and certify the assessment process and documents
					 under Government Code, §
											2261.0525(a)
					 under the following conditions:
(1) the
					 agency's procurement division has a documented system for ensuring the quality
					 of the vendor assessment process, including the quality of documents used to
					 calculate and record the scoring of vendors;
(2) the delegation is in writing;
					 and
(3) the delegated person:
(A) is not the primary contract manager or
					 contract developer for the contract;
(B) is in a position in the agency's
					 procurement office that is at least equal to the position of contract
					 manager;
(C) is a Certified Texas
					 Contract Manager or Certified Texas Contract Developer under §
													20.133
					 of this title (relating to Training and Certification Program), holds a
					 predecessor certification under a previous version of that rule, or is an
					 attorney or certified public accountant licensed to practice in Texas;
					 and
(D) has signed all conflict of
					 interest or nepotism forms required for a contract developer for the particular
					 contract.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter G - DEBARMENT › Section 20.581 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(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 procedures of, this subchapter.
(b) This subchapter applies to all
				  contractors who sell goods and services to the state through any purchasing
				  method authorized by Government Code, Title 10, Subtitle D, Chapters 2155 -
				  2177. This subchapter applies to vendors and contractors who sell goods or
				  services to a governmental entity whether that entity has been delegated
				  authority by the comptroller or is exempt from the comptroller's procurement
				  rules and procedures.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter G - DEBARMENT › Section 20.582 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In this division, bidders lists means the centralized
					 master bidders list maintained by the comptroller and all other state bidders
					 lists.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter G - DEBARMENT › Section 20.583 - Protecting the State's Interest

Current through Reg. 49, No. 28; July 12, 2024
(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
				  delivery;
(2) whether the
				  variation creates a hazard to life, health, safety, welfare or property;
(3) whether the contractor knew of
				  the variation when the bid was submitted or when the goods were delivered;
(4) whether the failure to meet
				  specifications adversely impacts the use of other goods or services;
(5) the ability of the contractor to provide
				  the goods or services that do comply with the required specifications;
(6) the amount of economic loss to
				  the state; economic loss includes, but is not limited to, costs arising from
				  delay, training of employees, lost productivity, procuring substitute goods or
				  services and any other cost, direct or indirect, arising out of the failure to
				  meet specifications; and
(7) any
				  other factors the comptroller determines are relevant to ensure protection of
				  the state's interest; the comptroller shall specify such other factors in a
				  finding made pursuant to §
											20.586
				  of this title (relating to Procedures for Investigations and Debarment).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter G - DEBARMENT › Section 20.584 - Protecting the State's Interest: Failure to Meet Contract Requirements

Current through Reg. 49, No. 28; July 12, 2024
(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 location
				  specified in the contract; and
(C)
				  in the manner specified in the contract:
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter G - DEBARMENT › Section 20.585 - Debarment

Current through Reg. 49, No. 28; July 12, 2024
(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 constitute cause for debarment;
(2) cancel one or more of the
				  contractor's active or pending contracts upon a complaint regarding the
				  contractor's acts and omissions in procurement or performance of that contract
				  where the complaint may constitute cause for debarment;
(3) assess actual damages and costs incurred
				  due to contractor's failure to perform as specified in the contract;
(4) debar a contractor for a specified period
				  of time; and
(5) take any other
				  action authorized by law.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter G - DEBARMENT › Section 20.586 - Procedures for Investigations and Debarment

Current through Reg. 49, No. 28; July 12, 2024
(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 notify the contractor in writing,
				  via certified mail, return receipt requested. The notice shall be in terms
				  sufficient to apprise the contractor of the conduct or transactions upon which
				  it is based. The director shall notify a contractor when:
(1) a contractor is being investigated for
				  potential debarment;
(2) a
				  contractor's contracts have been cancelled; or
(3) a contractor will be disbarred.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter G - DEBARMENT › Section 20.587 - Request for Review

Current through Reg. 49, No. 28; July 12, 2024
(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 contractor should be debarred may be
				  reviewed by the Associate Deputy Comptroller responsible for the comptroller's
				  statewide procurement division, or other executive in the comptroller's office
				  designated by the comptroller.
(b)
				  The Associate Deputy Comptroller performing the review pursuant to contractor
				  request may reinstate the contractor to the bidders list; reduce the period of
				  debarment; affirm the finding of the director; or reinstate the contractor to a
				  particular contract. The Associate Deputy Comptroller performing the review may
				  take one or more of the actions listed herein and shall specify the results of
				  the decision in writing.
(c) The
				  Associate Deputy Comptroller performing the review shall issue the decision on
				  the request for review within sixty (60) days of the receipt of the contractor'
				  request for review.
(d) No person
				  who has an interest in the outcome of the reviewing Associate Deputy
				  Comptroller's review may communicate directly or indirectly upon the merits of
				  an investigation or debarment with any division employees prior to the
				  Associate Deputy Comptroller's decision unless that Associate Deputy
				  Comptroller specifically authorizes such communication.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter G - DEBARMENT › Section 20.588 - Effect of Debarment

Current through Reg. 49, No. 28; July 12, 2024
State agencies shall ensure that vendors currently debarred
					 by the comptroller do not participate in state contracting. Each agency shall
					 establish procedures to ensure contracts are not awarded to, and purchases are
					 not made from, debarred vendors. When a vendor is debarred, a state agency
					 shall terminate its contracts with the debarred vendor as soon as practicable,
					 considering such factors as a need to procure replacement goods and services
					 from an alternate vendor.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter I - STATE GRANT FUNDS MANAGEMENT › Section 20.600 - Denial of State Grant Funds for Local Entities that Prohibit or Discourage Enforcement of Public Camping Ban

Current through Reg. 49, No. 28; July 12, 2024
(a) This
				  section implements Local Government Code, § 364.004 (Denial of State Grant
				  Funds).
(b) This section applies to
				  local entities applying for state grant funds and state agencies awarding state
				  grant funds to local entities.
(c)
				  The terms "local entity," "policy," and "public camping ban" in this section
				  are defined as they are in Local Government Code, Title 11, §
				  364.001.
(d) A local entity may not
				  receive state grant funds, and state grant funds for the local entity must be
				  denied, for the state fiscal year following the year in which a final judicial
				  determination in an action brought by the Attorney General under Local
				  Government Code, § 364.003 is made that the entity has intentionally
				  adopted or enforced a policy that prohibited or discouraged the enforcement of
				  a public camping ban.
(e) A local
				  entity applying for state grant funds must affirm in its application that it is
				  not prohibited from receiving state grant funds under Local Government Code,
				  § 364.004.
(f) A local entity
				  applying for state grant funds must disclose in its application whether the
				  local entity has been sued by the Attorney General under Local Government Code,
				  § 364.003, and if so, the current posture of the lawsuit.
(g) In the event that a local entity
				  receiving state grant funds is sued by the Attorney General under Local
				  Government Code, § 364.003 or such a case reaches a final judicial
				  determination, the local entity must immediately disclose the lawsuit or
				  judicial determination to all state agencies that oversee programs from which
				  the entity currently receives state grant funds.
(h) A state agency that awards state grant
				  funds must include appropriate assurances in grant applications and grant
				  agreements to ensure that local entities comply with the provisions contained
				  in this section. A state agency must document that the local entity has made
				  such assurances before initiating any payment of state grant funds to the local
				  entity.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 21 - PURPOSE AND SCOPE › Section 21.1 - Statement of Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) The rules of
				the Teacher Retirement System of Texas (TRS) have been arranged generally
				according to subject matter and placed in numbered sections. Many of the rules
				are pertinent to and affect more than one of the subjects listed in the section
				headings. No attempt has been made to include under each heading all of the
				policies or rules which might be pertinent to that heading. The fact that a
				rule is included under one heading shall not in any manner limit its
				application to subjects treated under other headings.
(b) These rules are statements of policies in
				matters over which the board is given authority by applicable statutes and of
				interpretations in matters where the meaning of the law is not readily
				apparent. They do not include matters in which the board considered the intent
				of the law to be unmistakably clear. For this reason, these rules should be
				used in conjunction with other applicable provisions of law.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 23 - ADMINISTRATIVE PROCEDURES › Section 23.1 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
Any person with a complaint regarding the delivery of
				  services by the Teacher Retirement System of Texas (TRS) which cannot be
				  settled by correspondence or informal conference may submit the complaint to
				  the designated TRS Complaint Officer. The Complaint Officer insures that a
				  timely response is provided to the complainant. Information on how to submit a
				  complaint is available upon request from TRS and is also found on the TRS Web
				  site, www.trs.state.tx.us, in the information regarding the TRS Compact With
				  Texans.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 23 - ADMINISTRATIVE PROCEDURES › Section 23.4 - Public Participation in Adoption of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) "Interested person" means any member of
				the Teacher Retirement System of Texas (TRS); any beneficiary of a member; any
				retiree of TRS; any guardian, administrator, or executor of a member, retiree,
				or beneficiary; or any public school.
(b) Any interested person may informally
				request adoption of a rule by correspondence or conference with TRS staff
				members. If satisfactory results cannot be achieved in this manner, any
				interested person may petition TRS to adopt, amend, or repeal a rule by filing
				a clear, written request to initiate rulemaking procedures with the executive
				director. The petition shall set forth the exact text of the proposed rule and
				the petitioner's name and address, and the name, business address, and
				telephone number of petitioner's counsel, if any. The petition may also include
				written documents in support of the petition.
(c) The executive director shall grant or
				deny the petition within 60 days of its receipt. The executive director may
				consult informally with staff members and the petitioner in reaching a
				decision. The petition may be amended with consent of the petitioner at any
				time before a final decision is rendered.
(1)
				Upon granting the petition in writing, the executive director shall initiate
				rulemaking proceedings pursuant to the Administrative Procedure Act and the
				rules and regulations of TRS.
(2)
				Denial of the petition by the executive director, and reasons therefore, shall
				be in writing. The petitioner may appeal this decision to the board of trustees
				provided that a written notice of appeal is filed with the executive director
				within 10 days after the decision of the executive director is issued. If no
				such notice of appeal is timely filed, or if the next regularly scheduled
				meeting of the board of trustees will occur more than 60 days after receipt of
				the petition by the executive director, and the petitioner is unwilling to
				waive the deadline for a final decision until that meeting, the decision of the
				executive director shall be a final decision of TRS. The final decision of the
				board shall be based on the written petition and written decision of the
				executive director unless the board orders a hearing on the petition. If the
				board approves the petition, the executive director shall initiate rulemaking
				proceedings pursuant to the Administrative Procedure Act and the rules and
				regulations of TRS.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 23 - ADMINISTRATIVE PROCEDURES › Section 23.5 - Nomination for Appointment to the Board of Trustees

Current through Reg. 49, No. 28; July 12, 2024
(a) The following words and terms, when used
				in this section, have the following meanings, unless context clearly indicates
				otherwise:
(1) Retiree - a former member who
				has retired under Chapter 824, Government Code and is currently entitled to
				receive service retirement benefits or disability retirement benefits,
				disregarding any forfeiture of benefits under Government Code §
										824.601.
(2) Member - A TRS member whose membership
				has not terminated and who has not elected to participate in the Optional
				Retirement Program.
(3) TRS - the
				Teacher Retirement System of Texas
(4) Board of trustees - the Board of Trustees
				of TRS
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 23 - ADMINISTRATIVE PROCEDURES › Section 23.7 - Code of Ethics for Contractors

Current through Reg. 49, No. 28; July 12, 2024
The Code of Ethics for Contractors (the Code) sets forth the
				  ethical responsibilities and requirements of Contractors, as that term is
				  defined in the Code, in performing services for the Teacher Retirement System
				  of Texas (TRS). The Board of Trustees of TRS adopts by reference the Code as
				  most recently revised and adopted to be effective June 16, 2016. A copy of the
				  most recently revised Code has been filed with the Office of the Secretary of
				  State in Austin. Copies of the Code are available from TRS at 1000 Red River
				  Street, Austin, Texas 78701-2698, (512) 542-6400. Also, a copy of the Code can
				  be found on and printed from the TRS website,
www.trs.texas.gov
, in the information regarding
				  TRS Ethics.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 23 - ADMINISTRATIVE PROCEDURES › Section 23.8 - Expenditure Reporting by Certain Contractors

Current through Reg. 49, No. 28; July 12, 2024
Under §
									23.7
				  of this title (relating to Code of Ethics for Contractors) and the Code of
				  Ethics for Contractors (the Code) adopted by the Board of Trustees of the
				  Teacher Retirement System of Texas (TRS), each Contractor, as that term is
				  defined in the Code, must annually file an expenditure report on the prescribed
				  TRS form. The Contractor must include in the report itemized, reasonably
				  detailed lists of expenditures of more than $50 per day made by or on behalf of
				  the Contractor with respect to or for the benefit of each TRS Trustee or
				  Employee. Each Contractor must comply with TRS rules governing the filing of
				  and requirements for the expenditure reporting form promulgated by TRS,
				  including the Code, Expenditure Reporting Memorandum (reporting memorandum),
				  and Expenditure Reporting Form for Contractors (reporting form) as promulgated
				  and applicable under the Code and revised from time to time. TRS adopts by
				  reference the reporting memorandum as most recently revised February 10, 2016
				  and the reporting form as most recently revised June 16, 2016. Capitalized
				  words appearing in this section have the same meaning assigned to them in the
				  Code, as revised from time to time. Copies of the most recently revised
				  reporting memorandum and reporting form have been filed with the Office of the
				  Secretary of State in Austin. Copies of the reporting memorandum and the
				  reporting form are available from TRS at 1000 Red River Street, Austin, Texas
				  78701-2698, (512) 542-6400. Also, copies of the reporting memorandum and the
				  reporting form can be found on and printed from the TRS website,
www.trs.texas.gov
, in the information
				  regarding TRS Ethics.