State agencies must keep a checklist in each contract file, and the comptroller must maintain a model checklist for agencies to use.
Sec. 2262.053. CONTRACT FILE CHECKLIST; CERTIFICATION OF AGENCY COMPLIANCE. (a) Each state agency shall include in the contract file for each of its contracts a checklist to ensure the agency's compliance with state laws and rules relating to the acquisition of goods and services by the agency. (b) The comptroller shall develop and periodically update a model contract file checklist and make the checklist available for use by state agencies. The comptroller shall periodically update the checklist. (c) The comptroller may adopt rules necessary to develop or update the model contract file checklist. (d) The model contract file checklist must address each stage of the procurement process and must include, at a minimum, a description of: (1) the documents that are required to be maintained during each stage of the procurement process in accordance with applicable state laws and comptroller rules; and (2) the procedures and documents that are required to be completed during the following stages of the procurement process: (A) contract solicitation development; (B) contract formation and award; and (C) contract management. (e) A state agency may develop its own contract file checklist based on the procurement and contracting needs of that agency, provided that the checklist developed by the agency is consistent with the comptroller's model contract file checklist and meets any requirements established by comptroller rule under Subsection (c). (f) Before a state agency awards a contract to a vendor for the purchase of goods or services, the agency's contract manager or procurement director must: (1) review the contents of the contract file for the contract, including the checklist, to ensure that all documents required by state law or applicable agency rules are complete and present in the file; and (2) certify in a written document to be included in the contract file that the review required under Subdivision (1) was completed. (g) A state agency's contract manager or procurement director may delegate to a person in the agency's procurement office the certification authority under this section. (h) The comptroller by rule shall prescribe the conditions under which a state agency's contract manager or procurement director: (1) must make the certification required by Subsection (f); and (2) may delegate the certification authority under this section. Added by Acts 2019, 86th Leg., R.S., Ch. 953 (S.B. 65), Sec. 29, eff. September 1, 2019.