SECTION 30.2003. Auditing and Monitoring Performance for All Contracts, Including Assessment Instruments

(a) Auditing contracts.

(1) Texas Education Agency (TEA) staff will randomly perform desk reviews or billing reviews throughout the term of any contract awarded by the TEA.

(2) TEA staff shall be granted access to any online tools installed or in use for monitoring and reporting service levels related to the contracted work for the agency's assessment program. If monitoring tools do not exist, TEA shall place monitoring tools on the production servers and components supporting those systems related to the deliverables for the assessment program.

(b) Contract and performance monitoring. The TEA will provide contract management training to agency staff that includes:

(1) developing written contracting policies and procedures;

(2) developing contract monitoring plans and tools;

(3) communicating expectations through a detailed statement of work, performance measures, and post-award meetings;

(4) requiring supporting documentation with each invoice;

(5) communicating that payments linked to satisfactory performance are allowable, reasonable, and necessary to achieve the program objectives;

(6) requesting regular programmatic reports;

(7) requesting access to records;

(8) including a Liquidated Damages clause; and

(9) including a Right to Audit clause that complies with Texas Education Code, §39.0381, in the contract terms and conditions.

(c) Enhanced contract and performance monitoring. The following provisions apply to all contracts awarded by TEA to ensure contractors' compliance with contract and service delivery requirements.

(1) TEA staff must complete monitoring plans for high-dollar and high-risk contracts as determined by the TEA procurement director.

(2) Individual program areas within TEA will conduct day-to-day monitoring activities regarding financial and performance requirements.

(3) Higher-risk contracts are monitored more frequently and more comprehensively than lower-risk contracts as determined by the project Risk Assessment form.

(4) A contract may be identified as needing enhanced monitoring through factors such as the Risk Assessment form, needing corrective action, other factors that become known to the agency, or as determined by the TEA procurement director. For contracts identified as needing enhanced monitoring, TEA requires the contractor to provide specific programmatic information on a scheduled basis to determine if performance measures are being met.

(5) Enhanced monitoring may include site visits, meeting notes, and any other documentation requirements deemed necessary by the TEA to assess progress of the contractor toward meeting the identified goals and outcomes established in response to contract deficiencies.

(6) The TEA procurement director shall notify TEA executive staff of contracts that have been identified as needing enhanced monitoring.

Source Note: The provisions of this §30.2003 adopted to be effective July 18, 2017, 42 TexReg 3539