|(a) Purpose. The purpose of this rule is to establish
the approval authority and responsibilities for executing contracts
required by the department.
(b) Applicability. This rule applies to all contracts
entered into by the department.
(c) Definitions. As used in this section, the following
terms shall have the following meanings, unless the context clearly
(1) Board--The governing board of the department.
(2) Contract--A written agreement between the department
and a contractor for goods or services. As used in this section, "contract"
includes the following: letters of agreement; interagency/interlocal
agreements with other government entities; and other documents in
which state funds or services allocated to the department are exchanged
for the delivery of other goods or services.
(3) Major Outsourced Contract--A contract the department
executes with entities other than this state or a political subdivision
of this state that:
(A) is authorized under Government Code, Chapter 2054,
Subchapter I or Subchapter L, or Chapter 2170; or
(B) exceeds the monetary threshold in subsection (d)(1)(A)
of this section, other than those contracts described in subsection
(A) of this paragraph.
(4) Value--The department adopts by reference the determination
of contract value set forth in the State of Texas Contract Management
Guide. The determination of contract value shall include, in addition
to compensation to a contractor from funds allocated to the department,
an amount deposited into the State general revenue fund or other state
fund in a revenue sharing contract arrangement with a contractor.
(d) Approval Authority.
(1) Board Approval. The executive director or his/her
designee shall present certain contracts to the board for approval.
After a contractor is selected, a majority of the board shall provide
final approval of the contract with the selected contractor. The board
shall consider for final approval:
(A) any contract or amendment with a value expected
to exceed $1,000,000;
(B) any major outsourced contract;
(C) any amendment to a major outsourced contract if
the amendment has significant statewide impact;
(D) any other contract deemed appropriate for board
approval as determined by the executive director.
(2) Agency Approval.
(A) The board delegates authority to the executive
director or his/her designee to approve all contracts not listed in
paragraph (1) of this subsection.
(B) The board delegates authority to the executive
director to approve a purchase request or contract listed in paragraph
(1) of this subsection for an emergency as such is defined in 34 TAC §20.32,
or to avoid undue material additional cost to the state. The executive
director shall report any purchase requests or contracts executed
by the executive director pursuant to the authority in this subsection
to the board chair prior to execution of any such purchase requests
or contracts subject to this rule.
(e) Authority to Execute Contracts. The board delegates
authority to the executive director to execute all contracts for the
department. This authority may be delegated by the executive director
to the deputy executive director or other designee.
(f) Contract Planning.
(1) The department will present to the Board for approval
a contract plan for the next fiscal year that outlines the agency's
anticipated contracting actions that exceed $100,000.
(2) As deemed necessary by the executive director or
his/her designee, updates to the contract plan will be provided to
the board for approval periodically throughout the fiscal year.