SECTION 20.217. Verification of Use of Best Value Standards

(a) The contract manager or procurement director of each state agency shall:

(1) approve each state agency contract for which the agency is required to purchase goods or services using the best value standard;

(2) ensure that, for each contract, the agency documents the best value standard used for the contract;

(3) acknowledge in writing that the agency complied with the agency's and comptroller's contract management guide and the state procurement manual in the purchase; and

(4) ensure that the state agency shall evaluate the contractor's performance based on:

(A) 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;

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

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

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

(b) In determining which bidder is offering the best value, in addition to price, the state agency may consider and evaluate the factors set out in Government Code, Title 10, Subtitle D, Subchapter A, §§2155.074, 2155.075, 2156.007, 2157.003 and 2157.125, and all other factors comprising the best value criteria as may be set forth in the solicitation.

Source Note: The provisions of this §20.217 adopted to be effective January 24, 2017, 42 TexReg 233