SECTION 212.41. Statement of Work

(a) For a contract awarded by the department under Texas Government Code §2157.068 that requires a state agency to develop and execute a statement of work to initiate services under the contract, the state agency must consult with the department before the submission of a statement of work to a vendor as follows:

(1) Submit a completed statement of work to the department for review at least thirty business days prior to submission of the statement of work to vendors to allow sufficient time for department review;

(2) Provide statement of work contents, including but not limited to, scope of the project, milestones, deliverables description, schedule, and acceptance criteria; and

(3) Provide the list of department cooperative contracts to which the statement of work will be advertised.

(b) The department may accept or reject the submitted statement of work. A state agency shall not submit the statement of work to vendors until the department has issued written approval. If rejected, the state agency may resubmit with required modifications.

(c) Following execution of the final statement of work by the state agency and vendor, the state agency must submit the signed statement of work to the department for its signature. The department will review the statement of work and determine whether it will be signed or rejected. If the department rejects the statement of work, the department will notify the state agency of the reason(s) for rejection. The department must sign the statement of work before it becomes valid and any money is paid to a vendor. The department signature affixed to the statement of work will verify only that the scope of work is within the scope of the DIR contract being utilized. The department signature does not make the department a party to the agreement, and the department will not be responsible for any other state agency's obligations. The department signature does not verify or assure any other relevant fact including but not limited to the following:

(1) That funding is appropriate or sufficiently available;

(2) That the appropriate methodology was chosen by the state agency;

(3) That the appropriate vendor was selected; or

(4) That the scope of work documented by the state agency will successfully achieve a goal or projected outcome.

(d) Upon execution of a statement of work for services over $50,000, each statement of work entered into by the state agency shall be posted on the state agency's internet website as follows:

(1) Post the statement of work in its entirety, subject to the exceptions in the Texas Public Information Act and opinions of the Office of Attorney General;

(2) Maintain the posting, at a minimum, throughout the term of the statement of work including any renewals or extensions;

(3) Maintain a listing of the statements of work in alphabetical order by vendor name or numerical order by contract number in a central location; and

(4) Maintain a current state agency contact person with related email address and phone number to contact for information regarding the statement of work.

Source Note: The provisions of this §212.41 adopted to be effective November 23, 2015, 40 TexReg 8195; amended to be effective February 10, 2022, 47 TexReg 490