Government Code § 2262.051

Sec. 2262.051. CONTRACT MANAGEMENT GUIDE; RULES. (a) In consultation with the attorney general, the Department of Information Resources, and the state auditor, the comptroller shall develop or periodically update a contract management guide for use by state agencies. 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 comptroller 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; (3) include maximum contract periods under which a new competitive solicitation is not necessary; and (4) include the model contract management process developed under Section 2262.104 and recommendations on the appropriate use of the model. (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 (f) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1227, Sec. 9, eff. November 1, 2013. (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. (i) The guide must include: (1) instructions to assist a state agency in identifying the agency procurements that require an additional or secondary agency employee to serve as a contact for the procurement and establishing procedures for notifying vendors when to contact the additional or secondary agency employee; (2) a general outline for the training a state agency must provide to the agency's procurement evaluators related to the goods and services the evaluator reviews for purchase by the agency, including training on the implementation of best value standards under Section 2155.074; (3) for a procurement in an amount that exceeds $20 million, the information a state agency must include in a contract file on the evaluator for that procurement, including the reasons the person was selected and the person's relevant qualifications; and (4) a model communications procedure for vendors and agency employees, developed in collaboration with representatives from vendors and state agencies. (j) For a procurement in an amount that exceeds $20 million, the guide must require a state agency to notify interested parties at least two months before the date the agency issues the solicitation for the procurement unless the procurement is for: (1) a contract entered into by the comptroller under Section 2155.061; or (2) a contract for services necessary to respond to a natural disaster. Added by Acts 2001, 77th Leg., ch. 1422, Sec. 5.01, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 309, Sec. 7.20, eff. June 18, 2003; Acts 2003, 78th Leg., ch. 785, Sec. 45, eff. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 7.006, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1081 (H.B. 2918), Sec. 13, eff. September 1, 2007. Acts 2013, 83rd Leg., R.S., Ch. 1039 (H.B. 2873), Sec. 1, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1227 (S.B. 1681), Sec. 9, eff. November 1, 2013. Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 120, eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 855 (S.B. 799), Sec. 16, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 736 (H.B. 3013), Sec. 1, eff. September 1, 2023.