34 Tex. Admin. Code § 20.509 - Vendor Performance Reporting
(a) A state agency
shall submit a report and grade of a vendor's performance to the vendor
performance tracking system as stated in §
20.115 of this title (relating to
Vendor Performance Tracking System) for:
(1)
each purchase exceeding $25,000 from contracts administered by the comptroller
or the Department of Information Resources; and
(2) each agency contract, except as provided
by subsection (f) of this section
(b) In addition, if the value of a contract
exceeds $5 million, a state agency must submit a report and grade of a vendor's
performance to the vendor performance tracking system as stated in §
20.115 of this title upon the
completion of a key milestone identified in the contract and at least once each
year during the term of the contract.
(c) If a state agency does not submit a
vendor performance report and grade within 30 days of the completion or
termination of a purchase order or contract and, for a contract with a value
that exceeds $5 million, the completion of a key milestone identified in the
contract, it shall document the reason in its contract file.
(d) A state agency shall:
(1) evaluate the vendor's performance based
on:
(A) information prepared by the state
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 relevant evaluation criteria
presented in the online vendor performance tracking system; and
(2) assign the vendor a letter
grade.
(e) State
agencies shall independently evaluate the contract performance and use the
following grading scale when assigning a letter grade to a vendor:
(1) A state agency shall assign an "A" when
it determines that the vendor significantly exceeded the requirements of the
purchase order or contract to the state's benefit, that any problems with the
purchase order or contract were minor, and that corrective actions taken by the
vendor to address such problems were highly effective. If the best value
standard was used to award the purchase order or contract, an "A" means that
the vendor satisfied that standard.
(2) A state agency shall assign a "B" when it
determines that the vendor exceeded some requirements of the purchase order or
contract to the state's benefit, that any problems with the purchase order or
contract were minor, and that corrective actions taken by the vendor to address
such problems were effective. If the best value standard was used to award the
purchase order or contract, a "B" means that the vendor satisfied that
standard.
(3) A state agency shall
assign a "C" when it determines that the vendor met the requirements of the
purchase order or contract and that corrective actions taken by the vendor to
address minor problems were satisfactory. If the best value standard was used
to award the purchase order or contract, a "C" means that the vendor satisfied
that standard but that the vendor's performance did not merit an "A" or
"B."
(4) A state agency shall
assign a "D" when it determines that the vendor did not meet some of the
requirements of the purchase order or contract, that problems with the purchase
order or contract were serious, and that corrective actions taken by the vendor
to address such problems were only marginally effective or not fully
implemented. If the best value standard was used to award the purchase order or
contract, a "D" means that the vendor did not satisfy that standard.
(5) A state agency shall assign an "F" when
it determines that the vendor did not meet the requirements of the purchase
order or contract, that problems with the purchase order or contract were
serious, and that corrective actions taken by the vendor to address such
problems were ineffective. If the best value standard was used to award the
purchase order or contract, an "F" means that the vendor did not satisfy that
standard.
(f) A state
agency is not required to report or grade vendor performance for:
(1) contracts exempt from vendor reporting
under Government Code, §
2155.089(c)
or another statutory provision;
(2)
purchases for which competitive bidding is not required under §
20.82(b)(1) of
this title; or
(3) purchases
procured through informal bids under §
20.82(d)(1)(A)
of this title.
Notes
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