1. (a) The commission will assess each contract to determine whether enhanced contract monitoring is necessary.

   1. (1) The commission will use the following factors to determine whether enhanced contract monitoring is necessary:

      1. (A) vendor performance history;
      2. (B) the contract amount;
      3. (C) contract length;
      4. (D) impact on agency goals; and
      5. (E) any other factors that may impact the agency.
   2. (2) Projects deemed medium or high-risk based on the factors under paragraph (1) of this subsection will be co-monitored by contract and program staff and may involve additional team members such as legal, fiscal, and auditing staff members.

2. (b) If a contract is determined to need enhanced monitoring, the commission will require the vendor to provide specific programmatic information on a scheduled basis to determine whether performance measures are being met.

   1. (1) Programmatic reports must include information related to the performance measures in the contract, as well as any other deliverables.
   2. (2) Enhanced monitoring may also include site visits, additional meetings with the vendor's staff or other documentation relevant to assess progress toward meeting performance requirements.
3. (c) The director of the fiscal division must notify the agency governing board of contracts requiring enhanced monitoring through this process.
4. (d) This process does not apply to an interagency agreement, an interlocal agreement, a memorandum of understanding with another state agency, or a contract for which there is not a cost.

Source Note:The provisions of this §27.170 adopted to be effective October 13, 2016, 41 TexReg 8061; amended to be effective February 16, 2022, 47 TexReg 646.