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Texas Statutes (Last Updated: January 4, 2014) |
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GOVERNMENT CODE |
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Title 10. GENERAL GOVERNMENT |
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Subtitle F. STATE AND LOCAL CONTRACTS AND FUND MANAGEMENT |
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Chapter 2262. STATEWIDE CONTRACT MANAGEMENT |
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Subchapter B. CONTRACT MANAGEMENT |
Sec. 2262.051. CONTRACT MANAGEMENT GUIDE; RULES
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Participation by the state auditor under this subsection is subject to approval by the legislative audit committee for inclusion in the audit plan under Section 321.013(c).
(b) The commission may adopt rules necessary to develop or update the guide.
(c) The guide must provide information regarding the primary duties of a contract manager, including how to:
(1) develop and negotiate a contract;
(2) select a contractor; and
(3) monitor contractor and subcontractor performance under a contract.
(d) The guide must include model provisions for state agency contracts. The guide must:
(1) distinguish between essential provisions that a state agency must include in a contract to protect the interests of this state and recommended provisions that a state agency may include in a contract;
(2) recognize the unique contracting needs of an individual state agency or program and provide sufficient flexibility to accommodate those needs, consistent with protecting the interests of this state; and
(3) include maximum contract periods under which a new competitive solicitation is not necessary.
(e) The guide must recommend time frames under which a state agency may issue a competitive solicitation for a major contract in relation to the date on which the contract is to be executed.
(f) The guide must establish procedures by which a state agency is required to consult with the team before issuing a solicitation for a major contract. The procedures must establish a process under which the team is required to review and comment on whether to proceed with the solicitation. As detailed in the procedures, the team may recommend that the agency use the services of the attorney general or private counsel or of private consultants who are experts in any technical matter that is the subject of the major contract.
(g) The guide must establish procedures under which a state agency is required to solicit explanations from qualified potential respondents who did not respond to a competitive solicitation for a contract on which fewer than two qualified bids were received by the agency.
(h) The guide must establish procedures for major contracts that outsource a state function or process to a contractor, including when applicable the use of documents required under Subchapter J, Chapter 2054.