reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter C - SPECIAL CONDITIONS AND REQUIRED DOCUMENTS › Section 66.33 - Certification Regarding Lobbying

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  application must include a signed copy of a Certification Regarding Lobbying in
				  which the applicant certifies that "No Family Trust Fund funds have been paid
				  or will be paid to any person for influencing or attempting to influence an
				  officer or employee of an agency, a member of the Texas Legislature, and
				  officer or employee of the Texas Legislature, or an employee of a member of the
				  Texas Legislature in connection with this grant." The applicant shall complete
				  and submit the standard form, "Disclosure Form to Report Lobbying," in
				  accordance with its instructions.
(b) A grantee must file the most current
				  edition of this certification and disclosure form, if applicable, with each
				  submission that initiates agency consideration for an award of a contract or
				  grant.
(c) The certification
				  required by this section is a material representation of fact upon which
				  reliance is placed when a transaction is made or entered into.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter C - SPECIAL CONDITIONS AND REQUIRED DOCUMENTS › Section 66.35 - Nonprocurement Debarment Certification

Current through Reg. 49, No. 28; July 12, 2024
An application must include a signed copy of the
					 Nonprocurement Debarment Certification. It certifies that neither the applicant
					 nor its principals are presently debarred, suspended, proposed for debarment,
					 declared ineligible, or voluntarily excluded from participation in this
					 transaction by a federal or state department or agency.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter C - SPECIAL CONDITIONS AND REQUIRED DOCUMENTS › Section 66.37 - Drug-Free Workplace Certification

Current through Reg. 49, No. 28; July 12, 2024
An application must include a signed copy of the Drug-free
					 Workplace Certification.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter C - SPECIAL CONDITIONS AND REQUIRED DOCUMENTS › Section 66.41 - Certified Assurances

Current through Reg. 49, No. 28; July 12, 2024
An application must include a signed copy of the Certified
					 Assurances Certification, which includes UGMS requirements.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter C - SPECIAL CONDITIONS AND REQUIRED DOCUMENTS › Section 66.47 - Resolutions

Current through Reg. 49, No. 28; July 12, 2024
(a) Local
				  governmental entities whose authorized official designated in the grant
				  application is not the executive officer of the local governmental entity must
				  submit a resolution from their governing body that gives the authorized
				  official the power to accept, reject or amend a grant. The resolution must
				  state that in the event of loss or misuse of OAG funds, the governing body
				  assures that the grant funds will be returned to the OAG in full. The
				  resolution from the governing body shall contain a statement that the governing
				  body of the local governmental entity may not use the existence of a grant
				  award to offset or decrease total salaries, expenses, and allowances that the
				  applicant receives from the governing body at or after the time the grant is
				  awarded.
(b) A nonprofit
				  organization whose authorized official designated in the grant application is
				  not the executive officer of the organization must submit a resolution from its
				  governing body that gives the authorized official the power to accept, reject
				  or amend a grant. The resolution must state that in the event of loss or misuse
				  of OAG funds, the governing body assures that the grant funds will be returned
				  to the OAG in full. The resolution from the governing body shall contain a
				  statement that the governing body of the organization may not use the existence
				  of a grant award to offset or decrease total salaries, expenses, and allowances
				  that the applicant receives from the governing body at or after the time the
				  grant is awarded.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter D - AWARD AND GRANT ACCEPTANCE › Section 66.55 - Application Deficiencies and Application Process

Current through Reg. 49, No. 28; July 12, 2024
(a) If the OAG finds deficiencies in an
				  application upon initial review, the OAG will send a deficiency report to the
				  applicant. The applicant may file a response with a correction in the
				  application. Deficiency reports are preliminary assessments only and do not
				  represent a final action or determination by the OAG. A deficiency report is
				  not a commitment by the OAG to fund any portion of the project. Additional
				  deficiencies may be identified after the date of a deficiency report.
(b) An application for funding will go
				  through many reviews and at any point during the review a process a decision to
				  approve or deny project funding may be made by the OAG, and such decision is
				  within the sole discretion of the OAG. Once an award is made, the OAG has
				  discretion to determine whether or not a grantee is complying with OAG policies
				  and may, upon a negative determination, deobligate the grant and require
				  reimbursement to the OAG of grant funds already disbursed.
(c) The OAG will inform the applicant of its
				  decision regarding a grant award through either a Statement of Grant Award or a
				  denial letter signed by the Attorney General or his designee.
(d) Applicants may not contact staff members
				  of the OAG to seek support of an application. Additionally, under no
				  circumstances may a grantee use grant-funded equipment, supplies, personnel, or
				  indirect costs to influence or encourage others to influence the outcome of a
				  grant funding decision by the OAG except as allowed under the OAG review
				  process provided in §
										RSA 66.59 of
				  this title. A decision to award a grant or not will be based only on the
				  application package and OAG records.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter D - AWARD AND GRANT ACCEPTANCE › Section 66.57 - Notification of Award

Current through Reg. 49, No. 28; July 12, 2024
An applicant must accept or reject a grant award in writing
					 and forward the notice to the OAG so that the notice is received by the OAG
					 within 45 days of the grant award. Grant funds may not be requested until the
					 acceptance notice is executed. Each applicant who accepts a grant award must
					 implement the grant within 60 days of the designated start date indicated on
					 the statement of grant award. Any exception to this paragraph will require the
					 review and written approval of the OAG Grants Coordinator.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter D - AWARD AND GRANT ACCEPTANCE › Section 66.59 - Review of Denial

Current through Reg. 49, No. 28; July 12, 2024
(a) If the OAG
				  denies an application or any part of an application, an applicant may request a
				  review of the decision by writing to the OAG, Grants Coordinator within 10 days
				  from the date of denial notification. Review requests must be based on a
				  verifiable error made during the review process, and the applicant must be able
				  to show that the error actually caused the application or portion of the
				  application not to be funded. The applicant may submit written documentation in
				  support of the review request.
(b)
				  Letters and phone calls of support will not be considered as part of the
				  review. The Attorney General or his designee will consider only documentation
				  submitted by the applicant that meets the criteria as outlined in this section.
				  The decision concerning a review is final and not subject to judicial
				  review.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter E - ADMINISTERING GRANTS › Section 66.67 - Grant Officials

Current through Reg. 49, No. 28; July 12, 2024
A grantee must have three persons designated to serve as
					 grant officials as follows:
(1) The
				  project director must be an employee of the grantee who will be responsible for
				  operation or monitoring of the project and be able to readily answer questions
				  about its day-to-day operations.
(2) The financial officer must be the chief
				  financial officer of the grantee. Such officer might be, for example, the
				  county auditor, city treasurer, comptroller, or treasurer of a nonprofit
				  corporation's board. The financial officer may not serve as the project
				  director or the authorized official.
(3) The authorized official is the person
				  authorized to apply for, accept, decline, or cancel the grant for the applicant
				  agency. This person may be, for example, the executive director of the state
				  agency, county judge, mayor, city manager, assistant city manager, or designee
				  if authorized by the governing body.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter E - ADMINISTERING GRANTS › Section 66.69 - Obligating Funds

Current through Reg. 49, No. 28; July 12, 2024
Grant funds may not, without advance written approval by
					 the OAG Grants Coordinator, be obligated prior to the start date or after the
					 ending date of the grant period. Obligated funds must relate only to approved
					 budget items and purposes. Grant-funded personnel may use grant funds only for
					 project activities stated in the approved FTFG application.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter E - ADMINISTERING GRANTS › Section 66.75 - Inventory Reports

Current through Reg. 49, No. 28; July 12, 2024
A grantee must maintain an inventory report on file at its
					 principal office of all equipment purchased as part of the grant
					 project.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter E - ADMINISTERING GRANTS › Section 66.77 - Invoices

Current through Reg. 49, No. 28; July 12, 2024
A grantee must ensure that its final invoice is postmarked
					 no later than the 45th calendar day (liquidation date as defined in the
					 application package) after the end of the grant period and mailed to: OAG Grant
					 Coordinator, 300 West 15th Street, 15th Floor, P.O. Box 12548, Austin, TX
					 78711-2548. If this date falls on a weekend or federal holiday, then the OAG
					 will honor a postmark on the next business day. On the liquidation date, if
					 grant funds are on hold for any reason, the funds will lapse and cannot be
					 recovered by the grantee. Under no circumstances will the OAG make payments to
					 a grantee who submits its invoice with a postmark after the above
					 deadlines.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter E - ADMINISTERING GRANTS › Section 66.79 - Grant Adjustments

Current through Reg. 49, No. 28; July 12, 2024
(a) One of the
				  three designated grant officials must sign all requests for grant
				  adjustments.
(b) Grant adjustments
				  are either budget adjustments or non-budget adjustments.
(1) Grant adjustments consisting of increases
				  in the amount of a grant or the reallocation of funds among or within budget
				  categories are considered budget adjustments, and are allowable only with prior
				  OAG approval.
(2) Non-budget grant
				  adjustments are subject to the following provisions:
(A) Requests to revise the scope, target, or
				  focus of the project, or alter project activities require advance written
				  approval from OAG.
(B) The grantee
				  shall notify OAG in writing of any change in the designated project director,
				  financial officer, or authorized official within five days following the
				  change. When the notice addresses a change of authorized official, the
				  governing body, such as the board, city council, or commissioners' court, must
				  submit the request.
(C) A grantee
				  may submit a written request for a grant extension. These requests will be
				  approved only in extraordinary circumstances.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter E - ADMINISTERING GRANTS › Section 66.93 - Withholding Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) The OAG may
				  withhold funds from a grantee if a grantee fails to comply with established
				  guidelines, grant conditions, or contractual agreements, or when funds are
				  depleted or insufficient to fund allocations.
(b) The OAG will release funds if the grantee
				  has provided evidence satisfactory to the OAG that the deficient conditions
				  have been corrected, unless the OAG has terminated the grant as provided in
				  §
										RSA 66.95 of
				  this title.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter E - ADMINISTERING GRANTS › Section 66.95 - Grant Termination

Current through Reg. 49, No. 28; July 12, 2024
(a) A grantee
				  shall notify the OAG, in writing, of the cancellation of any Grant funded
				  project immediately upon the decision to cancel the project.
(b) The OAG may terminate a grant for failure
				  to comply with applicable federal or state laws, rules, regulations, policies,
				  or guidelines, or any OAG grant agreement with the grantee.
(c) The OAG will notify a grantee of
				  deficient conditions and grounds for termination. When a grant is terminated
				  all unexpended or unobligated funds awarded to a grantee will revert to the
				  OAG. The OAG may consider a grantee ineligible for any future grant award if
				  the OAG has terminated a grant for cause.
(d) In lieu of termination a grant project,
				  the OAG may require the transfer of the grant project by moving the
				  administration of the project to a different agency.
(e) A grantee may ask for a review of the
				  termination of a grant by writing to the First Assistant of the OAG. The
				  request for review must be received by the OAG within ten days from the date of
				  the suspension or termination notification. A grantee may submit written
				  documentation in support of its request. The First Assistant of the OAG will
				  consider any documentation submitted by a grantee in support of an appeal. The
				  decision of the First Assistant of the OAG concerning termination is final and
				  not subject to judicial review.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter E - ADMINISTERING GRANTS › Section 66.99 - Payment of Outstanding Liabilities

Current through Reg. 49, No. 28; July 12, 2024
A grantee must properly obligate and expend funds to
					 satisfy all outstanding liabilities no later than 45 days after the end of the
					 grant period. The OAG will not make any reimbursements to a grantee unless the
					 final request for funds is postmarked by the 45th day after the end of the
					 grant period. If the 45th day falls on a weekend or federal holiday, the OAG
					 will honor receipt or a postmark on the next business day. All payments made
					 after the completion of the grant period must relate to obligations encumbered
					 prior to the end of the grant period.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter E - ADMINISTERING GRANTS › Section 66.101 - Violations of Laws

Current through Reg. 49, No. 28; July 12, 2024
A grantee and its personnel must immediately notify in
					 writing the OAG and, if applicable, the local prosecutor's office, upon
					 discovery of any evidence, knowledge or suspicion of a violation of the law
					 encountered by a grantee or discovered during monitoring visits, including, but
					 not limited to, misappropriation of funds, fraud, theft, embezzlement, forgery,
					 or any serious irregularity or noncompliance with the requirements of this
					 chapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter E - ADMINISTERING GRANTS › Section 66.103 - Conflict of Interest

Current through Reg. 49, No. 28; July 12, 2024
Failure to comply with this section may result in
					 termination of the grant award and may affect future funding decisions. No
					 grantee personnel, member of a grantee board or governing body, or other person
					 affiliated with the grant project may participate in any proceeding or action
					 where grant funds personally benefit, directly or indirectly, the individual or
					 any relative. Grant personnel and officials must avoid any action that might
					 result in or create the appearance of using their official positions for
					 private gain; giving preferential treatment to any person; losing complete
					 independence or impartiality; making an official decision outside of official
					 channels; or affecting adversely the confidence of the public in the integrity
					 of the program or the OAG.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter E - ADMINISTERING GRANTS › Section 66.105 - Evaluating Project Effectiveness

Current through Reg. 49, No. 28; July 12, 2024
A grantee must regularly evaluate the effectiveness of its
					 project. This evaluation includes reassessment of individual project activities
					 and services to determine if they remain relevant and effective. A grantee must
					 be able to show that grant activities are well thought out and provide actual
					 services that directly impact an identified problem statement and bring the
					 project closer to accomplishing its goals. The OAG will assess project
					 effectiveness through review of required progress reports, on-site visits, and
					 desk reviews. Information relating to project evaluations must be maintained in
					 the project's files and must be available for review by OAG
					 staff.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter E - ADMINISTERING GRANTS › Section 66.107 - Progress Reports

Current through Reg. 49, No. 28; July 12, 2024
A grantee must submit progress reports in accordance with
					 the instructions provided by the OAG and as outlined for each specific program
					 area. To remain eligible for funding, a grantee must be able to show not only
					 the number of services provided, but the impact and quality of those
					 services.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter E - ADMINISTERING GRANTS › Section 66.109 - Oversight of Contracts

Current through Reg. 49, No. 28; July 12, 2024
A grantee that uses any portion of Grant funds to contract
					 with a third party must maintain records in a grantee project file showing the
					 specific steps taken to ensure that the terms of the contract are met and that
					 the services provided are evaluated by a grantee annually.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter E - ADMINISTERING GRANTS › Section 66.111 - Accuracy of Grant Records

Current through Reg. 49, No. 28; July 12, 2024
Providing false information, knowingly or unknowingly, on a
					 grant application, in grantee records, or in reports to the OAG may cause an
					 application to be denied or a grant to be terminated and the grant funds
					 deobligated. In some circumstances, such action may also be considered
					 tampering with government records, which is a criminal
					 offense.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter F - PROGRAM MONITORING AND AUDITS › Section 66.119 - Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) The OAG will
				  monitor grants throughout their existence. A grantee must make all
				  grant-related records available to OAG representatives unless the information
				  is sealed by law.
(b) The OAG will
				  monitor both financial and program aspects of a grant project to evaluate
				  progress and determine compliance. Monitoring may include both on-site and desk
				  reviews and may involve any information that the OAG deems relevant to the
				  project. The purpose of the monitoring is to ensure that a grantee is meeting
				  performance goals and that grant funds are expended in compliance with
				  applicable laws, rules, grant agreements and other contracts.
(c) A grantee must maintain current files.
				  The OAG may make unannounced visits at any time.
(d) The OAG reserves the right to conduct its
				  own audit, or contract with another to audit any grant.
(e) A grantee must provide access to project
				  records to all OAG representatives and properly designated monitors or
				  auditors.
(f) A grantee must,
				  within 30 business days of the date of an audit monitoring report, submit
				  documentation to the OAG responding to findings and questioned costs contained
				  in an audit or monitoring report. Documentation may be submitted to the OAG, at
				  300 W.15th Street, William P. Clements Building, 15th Floor, Austin, Texas
				  78701 or by mail to the OAG, Grants Coordinator, Post Office Box 12548, Austin,
				  Texas 78711-2548. The OAG will review the documentation for legal, financial,
				  and program acceptability under state, federal and OAG rules.
(g) A grantee may request a review of a
				  decision by the OAG after submission of responses to OAG findings, by writing
				  to the OAG, Grants Coordinator. A review board will make recommendations to the
				  First Assistant of the OAG for approval, disapproval, or approval with
				  modifications of audit or monitoring exceptions. The OAG will send the written
				  determination by the First Assistant of the OAG to the grantee within 30
				  calendar days of a decision. A grantee must, within 30 calendar days, refund
				  all funds due after a final determination. Failure to comply with this
				  provision will subject a grantee to the provisions of this plan relating to the
				  conditions for withholding funds from a grantee. The determination of the First
				  Assistant of the OAG is final and not subject to judicial review.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter F - PROGRAM MONITORING AND AUDITS › Section 66.123 - Audit Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) A grantee
				  must submit to the OAG copies of all audit reports, including audits as
				  required in the Independent Annual Audit and all other audits that a grantee
				  undergoes, regardless of the purpose.
(b) A grantee must ensure that required
				  audits are completed and submitted to the OAG on or before 30 days after the
				  issuance of an auditor's report.
(c) A grantee will bear its fair and
				  reasonable share of audit costs required by the OAG in accordance with
				  applicable federal and state cost principles governing allowability and
				  allocation.
(d) A grantee,
				  regardless of level of funding, is subject to random, periodic on-site reviews
				  and audits by the OAG. These reviews are designed to complement, not duplicate,
				  any single audit performed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 68 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter A - GENERAL › Section 68.1 - Purpose and Application

Current through Reg. 49, No. 28; July 12, 2024
This chapter governs the negotiation and mediation of a
					 claim of breach of contract asserted by a contractor against a unit of state
					 government under the Government Code, Chapter 2260. This chapter is binding
					 upon units of state government without general rulemaking
					 authority.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 68 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter A - GENERAL › Section 68.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meaning, unless the context clearly indicates
					 otherwise:
(1) Chief administrative
				  officer - The commissioner, executive director, president or other executive
				  officer responsible for the day to day operations of a unit of state
				  government.
(2) Contractor -
				  Independent contractor who has entered into a contract directly with a unit of
				  state government. The term does not include:
(A) A contractor's subcontractor, officer,
				  employee, agent, or other person furnishing goods or services to a
				  contractor;
(B) An employee of a
				  unit of state government; or
(C) A
				  student at an institution of higher education.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 68 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter A - GENERAL › Section 68.5 - Prerequisites to Suit

Current through Reg. 49, No. 28; July 12, 2024
The procedures contained in this chapter are exclusive and
					 required prerequisites to suit under the Civil Practice & Remedies Code,
					 Chapter 107, and the Government Code, Chapter 2260.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 68 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter A - GENERAL › Section 68.7 - Sovereign Immunity

Current through Reg. 49, No. 28; July 12, 2024
This chapter does not waive a unit of state government's
					 sovereign immunity to suit or liability.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 68 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 68.21 - Notice of Claim of Breach of Contract

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A contractor asserting a claim of breach of contract under the Government Code,
				  Chapter 2260, shall file notice of the claim as provided by this
				  section.
(b) The notice of claim
				  shall:
(1) be in writing and signed by the
				  contractor or the contractor's authorized representative;
(2) be delivered by hand, certified mail
				  return receipt requested, or other verifiable delivery service, to the officer
				  of the unit of state government designated in the contract to receive a notice
				  of claim of breach of contract under the Government Code, Chapter 2260; if no
				  person is designated in the contract, the notice shall be delivered to the
				  unit's chief administrative officer; and
(3) state in detail:
(A) the nature of the alleged breach of
				  contract, including the date of the event that the contractor asserts as the
				  basis of the claim and each contractual provision allegedly breached;
(B) a description of damages that resulted
				  from the alleged breach, including the amount and method used to calculate
				  those damages; and
(C) the legal
				  theory of recovery, i.e., breach of contract, including the relationship
				  between the alleged breach and the damages claimed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 68 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 68.23 - Agency Counterclaim

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  unit of state government asserting a counterclaim under the Government Code,
				  Chapter 2260, shall file notice of the counterclaim as provided by this
				  section.
(b) The notice of
				  counterclaim shall:
(1) be in
				  writing;
(2) be delivered by hand,
				  certified mail return receipt requested or other verifiable delivery service to
				  the contractor or representative of the contractor who signed the notice of
				  claim of breach of contract; and
(3) state in detail:
(A) the nature of the counterclaim;
(B) a description of damages or offsets
				  sought, including the amount and method used to calculate those damages or
				  offsets; and
(C) the legal theory
				  supporting the counterclaim.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 68 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 68.25 - Duty to Negotiate

Current through Reg. 49, No. 28; July 12, 2024
The parties shall negotiate in accordance with the
					 timetable set forth in §
										RSA 68.27 of this title
					 (relating to Timetable) to attempt to resolve all claims and counterclaims
					 filed under this chapter. No party is obligated to settle with the other party
					 as a result of the negotiation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 68 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 68.27 - Timetable

Current through Reg. 49, No. 28; July 12, 2024
(a) Following
				  receipt of a contractor's notice of claim, the chief administrative officer of
				  the unit of state government or other designated representative shall review
				  the contractor's claim and the unit's counterclaim, if any, and initiate
				  negotiations with the contractor to attempt to resolve the claim and
				  counterclaim.
(b) Subject to
				  subsection (c) of this section, the parties shall begin negotiations within a
				  reasonable period of time, not to exceed 60 calendar days following the later
				  of:
(1) the date of termination of the
				  contract;
(2) the completion date,
				  or substantial completion date in the case of construction projects, in the
				  original contract; or
(3) the date
				  the unit of state government receives the contractor's notice of
				  claim.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 68 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 68.29 - Conduct of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
(a) Negotiation
				  is a consensual bargaining process in which the parties attempt to resolve a
				  claim and counterclaim. A negotiation under this subchapter may be conducted by
				  any method, technique, or procedure authorized under the contract or agreed
				  upon by the parties. The parties may conduct negotiations with the assistance
				  of one or more neutral third parties. The parties may choose to mediate their
				  dispute in accordance with Subchapter C of this chapter.
(b) To facilitate meaningful evaluation and
				  negotiation of the claims and any counterclaims, the parties may exchange
				  relevant documents that support their respective claims, defenses,
				  counterclaims or positions.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 68 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 68.31 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties' settlement approval procedures shall be
					 disclosed prior to, or at the beginning of negotiations. To the extent
					 possible, the parties shall select negotiators who are knowledgeable about the
					 subject matter of the dispute, who are in a position to reach agreement and who
					 can credibly recommend approval of an agreement.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 68 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 68.33 - Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(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 must be in writing and signed by representatives of the
				  contractor and the unit of state government who have authority to bind each
				  respective party.
(c) A partial
				  settlement does not waive a contractor's rights under the Government Code,
				  Chapter 2260, as to the parts of the claim that are not resolved.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 68 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 68.35 - Costs of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
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 attorneys' fees, consultant's fees
					 and expert's fees.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 68 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 68.37 - Request for Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  If a claim of breach of contract is not resolved in its entirety through
				  negotiation or mediation in accordance with this chapter on or before the 270th
				  day after the unit receives the notice of claim, or after the expiration of any
				  extension agreed to by the parties pursuant to §
										RSA
				  68.27(f) of this title
				  (relating to Timetable), the contractor may file a request with the unit of
				  state government for a contested case hearing before SOAH.
(b) A request for a contested case hearing
				  shall state the legal and factual basis for the claim, and shall be delivered
				  to the chief administrative officer of the unit of state government within a
				  reasonable time after the 270th day or the expiration of any written extension
				  agreed to pursuant to §
										RSA
				  68.27(f) of this
				  title.
(c) The unit of state
				  government shall forward the contractor's request for contested case hearing to
				  the SOAH within a reasonable period of time, not to exceed thirty days, after
				  receipt of the request.
(d) The
				  parties may agree to submit the case to the SOAH before the 270th day after the
				  notice of claim is received by the unit of state government if they have
				  achieved a partial resolution of the claim or if an impasse has been reached in
				  the negotiations and proceeding to a contested case hearing would serve the
				  interests of justice.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 68 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 68.47 - Agreement to Mediate

Current through Reg. 49, No. 28; July 12, 2024
The parties may agree to mediate a claim through an
					 impartial third party. For purposes of this subchapter, "mediation" is assigned
					 the meaning set forth in the Civil Practice and Remedies Code, §
										RSA
					 154.023. The mediation is subject to the
					 provisions of the Governmental Dispute Resolution Act, Government Code, Chapter
					 2009. The parties may be assisted in the mediation by legal counsel or other
					 individual.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 68 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 68.49 - Qualifications and Immunity of the Mediator

Current through Reg. 49, No. 28; July 12, 2024
The mediator shall possess the qualifications required
					 under the Civil Practice and Remedies Code, §
										RSA
					 154.052, be subject to the standards and
					 duties prescribed by the Civil Practice and Remedies Code, §
										RSA
					 154.053 and have the qualified immunity
					 prescribed by the Civil Practice and Remedies Code §
										RSA
					 154.055, if applicable.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 68 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 68.51 - Confidentiality of Mediation and Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A mediation conducted under this
				  subchapter is confidential in accordance with the Government Code, §
										RSA
				  2009.054.
(b) The confidentiality of a final settlement
				  agreement to which a unit of state government is a signatory that is reached as
				  a result of the mediation is governed by the Public Information Act, Government
				  Code, Chapter 552.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 68 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 68.53 - Costs of Mediation

Current through Reg. 49, No. 28; July 12, 2024
Unless the parties agree otherwise in writing, each party
					 shall be responsible for its own costs incurred in connection with a mediation,
					 including without limitation, costs of document reproduction, attorney's fees,
					 consultant fees and expert fees, and the cost of the mediator shall be divided
					 equally between the parties.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 68 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 68.55 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties' settlement approval procedures shall be
					 disclosed by the parties prior to the mediation. To the extent possible, the
					 parties shall select representatives who are knowledgeable about the subject
					 matter of the dispute, who are in a position to reach agreement, and who can
					 credibly recommend approval of an agreement.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 68 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 68.57 - Initial Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
Any settlement agreement reached during a mediation shall
					 be signed by representatives of the contractor and the unit of state
					 government, and shall describe any procedures that the parties must follow to
					 obtain final and binding approval of the agreement.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 68 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 68.59 - Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
A final settlement agreement reached during or as a result
					 of a mediation that resolves an entire claim or counterclaim, or any designated
					 and severable portion of a claim or counterclaim, shall comply with §68.33
					 of subchapter B of this chapter (relating to Settlement
					 Agreement).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 68 - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 68.61 - Referral to State Office of Administrative Hearings

Current through Reg. 49, No. 28; July 12, 2024
If mediation does not resolve the claim to the satisfaction
					 of the contractor, the contractor may request that the claim be referred to
					 SOAH in accordance with §68.37 of Subchapter B of this chapter (relating
					 to Request for Contested Case Hearing.)
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 69 - PROCUREMENT › Subchapter A - PROCEDURES FOR VENDOR PROTESTS OF PROCUREMENTS › Section 69.1 - Purpose and Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  purpose of this subchapter is to provide an internal protest procedure to be
				  used by any actual or prospective bidder, offeror, proposer, or contractor who
				  is aggrieved in connection with the solicitation, evaluation, or award of a
				  contract by the Office of the Attorney General from a delegated procurement.
				  The following procedures are available for persons or firms not awarded the
				  contract pursuant to authority delegated to the Office of the Attorney General
				  by the Comptroller of Public Accounts or by Government Code, Chapters 2155 -
				  2158. These procedures are consistent with the rules of the Comptroller of
				  Public Accounts insofar as such rules are applicable to an internal agency
				  review.
(b) The following words and
				  terms, when used in this subchapter, shall have the following meanings, unless
				  the context clearly indicates otherwise:
(1)
				  Attorney General--the Office of the Attorney General;
(2) Director--the Procurement and Contract
				  Operations Division Director of the Attorney General;
(3) First Assistant--the First Assistant
				  Attorney General;
(4) Interested
				  party--a vendor who has submitted a bid or proposal, as applicable, for the
				  delegated procurement involved;
(5)
				  Delegated procurement or procurement--a procurement delegated to the Attorney
				  General pursuant to the procedures of Government Code, Chapter 2155, Chapter
				  2156, Chapter 2157, or Chapter 2158; and
(6) Receive/receipt--actual
				  receipt.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 69 - PROCUREMENT › Subchapter A - PROCEDURES FOR VENDOR PROTESTS OF PROCUREMENTS › Section 69.2 - Filing of Protest

Current through Reg. 49, No. 28; July 12, 2024
(a) An actual or
				  prospective bidder, offeror, proposer, or contractor who is aggrieved in
				  connection with the solicitation, evaluation, or award of a contract by the
				  Attorney General may file a written protest. The protest must be addressed to
				  the Procurement and Contract Operations Division Director and must be received
				  in the office of the Director no later than ten working days after the
				  aggrieved person knows, or should have known, of the occurrence of the action
				  which is protested.
(b) The protest
				  must be sworn and contain the following:
(1)
				  a specific identification of the statutory or regulatory provision(s) that the
				  action complained of is alleged to have violated;
(2) a specific description of each act
				  alleged to have violated the statutory or regulatory provision(s) identified in
				  the protest;
(3) a precise
				  statement of the relevant facts;
(4) an identification of the issues or issues
				  to be resolved;
(5) argument and
				  authorities in support of the protest; and
(6) a statement that copies of the protest
				  have been mailed or delivered to all other identifiable interested parties.
				  Upon request, the Attorney General will furnish to the requestor a list of
				  interested parties, as reflected in the records of the Procurement
				  Division.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 69 - PROCUREMENT › Subchapter A - PROCEDURES FOR VENDOR PROTESTS OF PROCUREMENTS › Section 69.3 - Review of Protest Determination by the Procurement and Contract Operations Division Director

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon receipt of
				  a timely protest that conforms with this subchapter, the Director will review
				  the protest. The Director may request written responses to the protest from any
				  staff of the Attorney General and may request from Attorney General staff any
				  and all documents related to the protest. The Director may solicit written
				  responses to the protest from other interested parties.
(b) The Director has the authority, prior to
				  appeal to the First Assistant, to settle and resolve the dispute concerning the
				  solicitation or award of the contract.
(c) If the protest is not resolved by mutual
				  agreement, the Director will issue a written determination on the protest.
(1) If the Director determines that no
				  violation of rules or statutes has occurred, the Director shall inform the
				  protesting party and all other interested parties of that determination by
				  letter, which shall set forth the reasons for the determination.
(2) If the Director determines that a
				  violation of the rules or statutes has occurred in a case where a contract has
				  not been awarded, the Director shall so inform the protesting party and all
				  other interested parties of that determination by letter. The letter shall set
				  forth the reasons for the determination and may set forth any appropriate
				  remedial action.
(3) If the
				  Director determines that a violation of the rules or statutes has occurred in a
				  case where a contract has been awarded, the Director shall inform the
				  protesting party and other interested parties of that determination by letter.
				  The letter shall set forth the reasons for the determination and may set forth
				  any appropriate remedial action, which may include canceling or voiding the
				  contract to the extent allowed by law.