SECTION 20.181. State Agency compliance and Documentation Responsibilities

(a) State agencies shall plan and document procurement transactions subject to this chapter in a manner consistent with requirements and guidelines set forth in the state procurement manual and contract management guide, including at a minimum:

(1) actions or documentation related to the agency's assessment of need for the specific commodity or service;

(2) its selection of the method of procurement to be used;

(3) the development of specifications;

(4) identification of evaluation criteria to determine the best value of the good or service;

(5) the process by which the procurement transaction is conducted; and

(6) the management of any resulting contract.

(b) State agencies shall plan and document procurement transactions in a manner that will ensure the agency's ability to comply with the requirements of §20.509 of this title (relating to Performance Reporting) relative to the evaluation of the awarded vendor's performance based on:

(1) information prepared by the agency in planning the procurement that assessed the need for the purchase together with the specifications for the good or service and the criteria to evaluate the responses resulting in an award and contract;

(2) compliance with the material terms of the contract;

(3) ability to correct instances of contractual non-compliance; and

(4) other evaluation criteria presented in the on-line vendor performance tracking system.

(c) It is the responsibility of state agencies to document the basis for agency decisions to depart from the requirements in the state procurement manual or contract management guide.

Source Note: The provisions of this §20.181 adopted to be effective January 24, 2017, 42 TexReg 232