SECTION 20.115. Vendor Performance Tracking System

(a) The comptroller's statewide procurement division shall maintain a vendor performance tracking system on the comptroller's web page on which vendor performance reports and vendor grades submitted by state agencies are published. Vendor performance reports and vendor grades shall be submitted to the vendor performance tracking system as stated in §20.509 of this title (relating to Vendor Performance Reporting).

(b) The comptroller shall provide a copy of a state agency's vendor performance report and grade to the vendor identified in the report. When a state agency assigns a grade lower than "C," the vendor may provide to the comptroller a response to the performance report and grade. When a response is received by the comptroller within 30 days of the comptroller providing a copy of the performance report and grade to the vendor, the comptroller:

(1) shall provide the state agency a copy of the vendor response; and

(2) shall review the performance report and grade, response, and any other relevant information available to the comptroller about the purchase order or contract that is the subject of the performance report and grade.

(c) Based upon the review provided for in subsection (b) of this section, the comptroller may revise the performance report or grade.

(d) Using vendor grades provided by state agencies, the vendor performance tracking system will generate one overall vendor performance letter grade for each vendor in the following manner:

(1) Each vendor grade assigned by a state agency will be designated a numerical value based on the following scale: A=4, B=3, C=2, D=1, F=0.

(2) On or before February 4, 2021, the system numerical score for the vendor is the sum of all numerical values for each letter grade assigned to a vendor after February 4, 2017. After February 5, 2021, the system numerical score for a vendor will be the sum of all numerical values for each letter grade assigned to a vendor for the most recent 48 months.

(3) The system numerical average score for the vendor is the system numerical score determined in paragraph (2) of this subsection divided by the number of letter grades included in the calculation of the system numerical score. The system numerical average score is rounded to the nearest tenth.

(4) Using the system numerical average score determined under paragraph (3) of this subsection, the system will assign a single system numerical average score letter grade for the contractor based on the following scale: A=3.5-4.0; B=2.5-3.4; C=1.5-2.4; D=0.5-1.4; and F=0.4 or below.

(e) Except for a grade that was revised in the vendor's favor under subsection (c) of this section, the executive head of a state agency may, within 48 months of submission of a vendor performance report and grade, request to revise the report and grade for a particular purchase order or contract by submitting a written justification for the grade revision to the comptroller. The written justification for the grade revision must contain the following information:

(1) contract number or purchase order number;

(2) vendor name;

(3) date the state agency entered into the vendor performance tracking system the grade that the state agency is requesting to revise; and

(4) a revised vendor performance report, including the reason for the grade revision request.

(f) Upon receiving a request under subsection (e) of this section, the comptroller shall publish the grade revision and revised performance report in the vendor performance tracking system maintained on the comptroller's website unless the requested grade revision will result in a grade lower than "C," in which case subsection (b) of this section will apply. The comptroller shall recalculate the system numerical score and system numerical average score using the revised grade.

(g) A vendor that receives a grade lower than a "C" from a state agency may file a protest to the grade according to the protest procedures in §20.534 of this title (relating to Protests).

Source Note: The provisions of this §20.115 adopted to be effective January 24, 2017, 42 TexReg 229; amended to be effective November 30, 2020, 45 TexReg 8526