The Contract Advisory Team must review and recommend on certain state agency contract documents, and state agencies must either follow those recommendations or explain why they do not apply.
Sec. 2262.101. CREATION; DUTIES. (a) The Contract Advisory Team is created to assist state agencies in improving contract management practices by: (1) reviewing and making recommendations on the solicitation documents and contract documents for contracts of state agencies that have a value of at least $5 million; (2) reviewing any findings or recommendations made by the state auditor, including those made under Section 2262.052(b), regarding a state agency's compliance with the contract management guide; (3) providing recommendations to the comptroller regarding: (A) the development of the contract management guide; and (B) the training under Section 656.052; (4) providing recommendations and assistance to state agency personnel throughout the contract management process; (5) coordinating and consulting with the quality assurance team established under Section 2054.158 on all contracts relating to a major information resources project; (6) developing and recommending policies and procedures to improve state agency contract management practices; (7) developing and recommending procedures to improve state agency contracting practices by including consideration for best value; and (8) creating and periodically performing a risk assessment to determine the appropriate level of management and oversight of contracts by state agencies. (b) The risk assessment created and performed under Subsection (a)(8) must include the following criteria: (1) the amount of appropriations to the agency; (2) total contract value as a percentage of appropriations to the agency; or (3) the impact of the functions and duties of the state agency on the health, safety, and well-being of residents. (c) The comptroller shall oversee the activities of the team, including ensuring that the team carries out its duties under Subsections (a)(5) and (a)(7). (d) A state agency shall: (1) comply with a recommendation made under Subsection (a)(1); or (2) submit a written explanation regarding why the recommendation is not applicable to the contract under review. (e) The team may review documents under Subsection (a)(1) only for compliance with contract management and best practices principles and may not make a recommendation regarding the purpose or subject of the contract. (f) The team may develop an expedited process for reviewing solicitations under Subsection (a)(1) for contracts: (1) that the team identifies as posing a low risk of loss to the state; or (2) for which templates will be used more than once by a state agency. Added by Acts 2001, 77th Leg., ch. 1422, Sec. 5.01, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 309, Sec. 7.24, eff. June 18, 2003. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 676 (H.B. 1965), Sec. 2, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1227 (S.B. 1681), Sec. 5, eff. November 1, 2013. Reenacted and amended by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 9.010, eff. September 1, 2015. Amended by: Acts 2017, 85th Leg., R.S., Ch. 526 (S.B. 255), Sec. 6, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 556 (S.B. 533), Sec. 11, eff. September 1, 2017.