Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter B - AUTHORITY TO CONTRACT › Section 51.61 - Enhanced Contract Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  otherwise provided in this section, before the department enters into a
				  contract, the department will determine if enhanced monitoring of the contract
				  and the contractor's performance is required.
(b) In determining if a contract requires
				  enhanced contract monitoring, the department will consider the following
				  factors, to the extent applicable:
(1) Total
				  Contract Price. The department will consider the estimated dollar amount of the
				  contract. Contracts with a higher dollar amount are more likely to require
				  enhanced contract monitoring.
(2)
				  Total Contract Duration. The department will consider anticipated overall
				  contract period including renewal options. Longer term contracts are more
				  likely to require enhanced contract monitoring.
(3) Funding Source. The department will
				  consider the complexity of and restrictions associated with funding sources for
				  the contract. Contracts funded from multiple types or sources of funding and
				  contracts funded with restricted or time-limited funds are more likely to
				  require enhanced contract monitoring.
(4) User Impacts. The department will
				  consider the extent and number of persons impacted by this contract. Contracts
				  with wider impacts are more likely to require enhanced contract
				  monitoring.
(5) Criticality of
				  Deliverable Timing. The department will consider the impact to the agency if
				  contract deliverables are delayed. Contracts for which timely completion is
				  critical are more likely to require enhanced contract monitoring.
(6) Impact of Contract Failure. The
				  department will consider the impact to the department and the state if the
				  contractor fails to deliver as required in the contract. Contracts for which
				  failure would have statewide impacts, would result in violation of state or
				  federal mandates, or would result in the loss of substantial funds are more
				  likely to require enhanced contract monitoring.
(7) Locations Impacted. The department will
				  consider the number of locations impacted by the contract. Contracts that will
				  be implemented in multiple locations around the state are more likely to
				  require enhanced contract monitoring.
(8) Availability of Resources for Contract
				  Management. The department will consider the extent of resources readily
				  available to manage the contract. Contracts for which resources are limited or
				  for which consultants or temporary staff are required to manage the contract
				  are more likely to require enhanced contract monitoring.
(9) Complexity of Project. The department
				  will consider the complexity of requirements and resources to be managed.
				  Contracts with more complex requirements involving external experts or
				  evaluators are more likely to require enhanced contract monitoring.
(10) Health and Safety Risk. The department
				  will consider how the contract would impact the health and safety of department
				  employees and the general public. Contracts that are required to reduce or
				  eliminate health and safety risks are more likely to require enhanced contract
				  monitoring.
(11) Business Process
				  Impact. The department will consider the level of impact to the department's
				  business processes. Contracts that will have department-wide business impacts
				  are more likely to require enhanced contract monitoring.
(12) Payment Methodology Risks. The
				  department will consider the complexity of the methodology for calculating and
				  making payments under the contract. Contracts with more complex payment
				  methodology are more likely to require enhanced contract monitoring.
(13) End Users' Training Needs. The
				  department will consider the extent of training required for end-users as a
				  result of the contract. Contracts requiring extensive training by a vendor or
				  external trainers are more likely to require enhanced contract
				  monitoring.
(14) Software
				  Technology Customization. With regard to a technology contract, the department
				  will consider the level of software customization required. Technology
				  contracts that involve a fully customized software solution are more likely to
				  require enhanced contract monitoring.
(15) Impact on Existing Technology. With
				  regard to a technology contract, the department will consider whether the
				  technology application which is the subject of the contract is an enhancement,
				  replacement or new technology and the impact on existing technology
				  applications or infrastructure. Contracts for a new technology service or
				  product that will impact existing technology applications or infrastructure are
				  more likely to require enhanced contract monitoring.
(16) Interface Connectivity. With regard to
				  technology contracts, the department will consider the number of existing
				  technology applications with which any new technology will need to interface.
				  Technology contracts that will interface with multiple department systems are
				  more likely to require enhanced contract monitoring.