34 Tex. Admin. Code § 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).
Notes
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