1. (a) Pursuant to §2261.253 of the Texas Government Code, the commission will implement the following procedures for contracts for the purchase of goods or services from private vendors:

   1. (1) The commission will list information pertaining to its contract with private vendors on its website. The information will include:

      1. (A) The name of the vendor with whom the contract is made;
      2. (B) A description of the competitive bidding process for the contract, or, if the contract did not involve competitive bidding, a citation and explanation of the legal authority supporting exemption from the competitive bidding process;
      3. (C) A link to a copy of the request for proposal for the contract, if applicable, until the contract expires or is completed; and
      4. (D) A link to a copy of the contract with the vendor until the contract expires or is completed.

   2. (2) The commission will implement the following enhanced contract or performance monitoring procedures:

      1. (A) For each contract with a value greater than $25,000, the commission will evaluate whether enhanced contract or performance monitoring is appropriate. Criteria that may be considered include:

         1. (i) Total cost of the contract;
         2. (ii) Risk of loss to the commission under the contract;
         3. (iii) Commission resources available for enhanced contract or performance monitoring; and
         4. (iv) Duration of the contract.

      2. (B) After evaluation of the contract, the commission will report to the commission members:

         1. (i) The basis for determination as to whether enhanced contract or performance monitoring is appropriate;
         2. (ii) Include any serious issues or risks identified with the contract, if applicable; and
         3. (iii) If enhanced contract or performance monitoring is appropriate, the commission's plan for carrying out the enhanced contract or performance monitoring.
2. (b) This rule does not apply to memorandums of understanding, interagency contracts, interlocal agreements or contracts that do not involve a cost to the commission.

Source Note:The provisions of this §59.13 adopted to be effective May 30, 2017, 42 TexReg 2827.