Tex.
Gov't Code Section 2261.253
Required Posting of Certain Contracts; Enhanced Contract and Performance Monitoring
(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 Subdivision (1) is entered into without compliance with competitive bidding procedures; and(3)
the request for proposals related to a competitively bid contract included under Subdivision (1) until the contract expires or is completed.(b)
A state agency monthly may post contracts described by Subsection (a) that are valued at less than $15,000.(c)
Each state agency by rule shall establish a procedure to identify each contract that requires enhanced contract or performance monitoring and submit information on the contract to the agency’s governing body or, if the agency is not governed by a multimember governing body, the officer who governs the agency. The agency’s contract management office or procurement director shall immediately notify the agency’s governing body or governing official, as appropriate, of any serious issue or risk that is identified with respect to a contract monitored under this subsection.(d)
This section does not apply to a memorandum of understanding, interagency contract, interlocal agreement, or contract for which there is not a cost.(e)
A state agency that posts a contract on its Internet website as required under this section shall redact from the posted contract:(1)
information that is confidential under law;(2)
information the attorney general determines is excepted from public disclosure under Chapter 552 (Public Information); and(3)
the social security number of any individual.(f)
The redaction of information under Subsection (e) does not exempt the information from the requirements of Section 552.021 (Availability of Public Information) or 552.221 (Application for Public Information; Production of Public Information).(g)
Subsection (a) does not apply to:(1)
a contract posted on the major contracts database established under Section 322.020 (Major Contracts Database); or(2)
a contract of an institution of higher education that is valued at less than $15,000 and paid with money other than funds appropriated to the institution by this state.(h)
In this section, “institution of higher education” has the meaning assigned by Section 61.003 (Definitions), Education Code, except that the term does not include a public junior college.(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.(b)
Each state agency shall verify:(1)
the accuracy of any information reported under Subsection (a) that is based on information provided by a contractor; and(2)
the delivery time of goods or services scheduled for delivery under the contract.(c)
Except as provided by Subsection (d), a state agency may enter into a contract for the purchase of goods or services that has a value exceeding $1 million only if:(1)
the governing body of the state agency approves the contract and the approved contract is signed by the presiding officer of the governing body; or(2)
for a state agency that is not governed by a multimember governing body, the officer who governs the agency approves and signs the contract.(d)
The governing body or governing official of a state agency, as appropriate, may delegate to the executive director or a deputy executive director of the agency the approval and signature authority under Subsection (c).(e)
A highway construction, engineering services, or maintenance contract that is in compliance with all applicable laws related to procuring engineering services or construction bidding and that is awarded by the Texas Department of Transportation under Subchapter A (Contract Requiring Competitive Bids), Chapter 223 (Bids and Contracts for Highway Projects), Transportation Code, is not required to be signed by a member of the Texas Transportation Commission or the executive director of the department. This exception does not apply to expedited highway improvement contracts under Subchapter C (Definitions), Chapter 223 (Bids and Contracts for Highway Projects), Transportation Code, a comprehensive development agreement entered into under Subchapter E (Authority), Chapter 223 (Bids and Contracts for Highway Projects), Transportation Code, a design-build contract entered into under Subchapter F (Definitions), Chapter 223 (Bids and Contracts for Highway Projects), Transportation Code, or any other contract entered into by the Texas Department of Transportation.(1)
verify in writing that the solicitation and purchasing methods and contractor selection process comply with state law and agency policy; and(2)
submit to the governing body of the agency, or governing official of the agency if the agency is not governed by a multimember governing body, information on any potential issue that may arise in the solicitation, purchasing, or contractor selection process.
Source:
Section 2261.253 — Required Posting of Certain Contracts; Enhanced Contract and Performance Monitoring, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2261.htm#2261.253 (accessed Apr. 20, 2024).
