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TITLE 19EDUCATION
PART 1TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 1AGENCY ADMINISTRATION
SUBCHAPTER AGENERAL PROVISIONS
RULE §1.16Contracts for Materials and Services

(a) The Board shall approve all requests for the purchase of materials or services if the cost for those materials or services is expected to exceed $750,000. After a vendor is selected, a majority of the Chair and Vice Chair of the Board and the Chair of the responsible Board committee shall provide final approval of the contract with the selected vendor.

(b) The Board committee to which an item is assigned shall approve all requests relating to that item for the purchase of materials or services if the cost for those materials or services is greater than $100,000 but less than or equal to $750,000. After a vendor is selected, a majority of the Chair and Vice Chair of the Board and the Chair of the responsible Board committee shall provide final approval of the contract with the selected vendor.

(c) The Commissioner or the Deputy Commissioner for Finance and Administration/Chief Operating Officer shall approve all contracts for the purchase of materials or services if the contract amount is less than or equal to $100,000. The Commissioner may delegate his approval authority to a deputy, associate, or assistant commissioner if:

  (1) The contract amount is less than or equal to $5,000; or

  (2) The Commissioner and the Deputy Commissioner for Finance and Administration/Chief Operating Officer will be away from the agency and unavailable to approve contracts for more than one business day.

(d) The Commissioner shall provide a report to the Board, at least quarterly, describing all contracts for the purchase of materials or services that were executed under delegated authority and not considered by the Board or a Board committee or by the Chair, Vice Chair, and Chair of the responsible Board committee.

(e) The Chair and Vice Chair of the Board shall have the authority to approve emergency purchase requests and contracts for materials or services over $100,000 that must be entered into in order to prevent a hazard to life, health, safety, welfare, property or to avoid undue additional cost to the state. Emergency purchase requests and contracts shall be exempt from subsections (a) and (b) of this section.

(f) In the event that the agency is required by statute to enter into a contract for the purchase of materials or services with a value of over $100,000, including the awarding of grants, approval of such a request or contract by the Board or a Board committee pursuant to subsection (a) or (b) of this section, as appropriate, shall not be required when such an award involves no discretion by the Board or agency staff. The Commissioner or Deputy Commissioner for Finance and Administration/Chief Operating Officer shall approve such contracts and report them to the Board at the next quarterly Board meeting following the approval.

(g) In the event that a contract for a given amount has been approved by either the Board or a Board committee, as applicable, and circumstances alter such that the expenditure necessary under the contract increases by not more than ten percent, the Commissioner or the Deputy Commissioner for Finance and Administration/Chief Operating Officer may approve such an increase. Should the increase in expenditure exceed ten percent, the contract must be resubmitted for approval by the Board or the responsible Board committee, as appropriate.

(h) In the event that the Board or a Board committee, as applicable, has approved the issuance of a request for the purchase of materials or services that will result in the letting of contracts, including grants, to multiple vendors or providers of services, any resulting contract which by itself shall have a cost greater than $100,000 must be approved by a majority of the Chair and Vice Chair of the Board and the Chair of the responsible Board committee unless such contracts are approved by the Board or the responsible Board committee, as appropriate. The Commissioner or the Deputy Commissioner for Finance and Administration/Chief Operating Officer, in accordance with subsection (c) of this section, shall provide final approval of contracts with the selected vendors or providers of services if the contract amount is less than or equal to $100,000.


Source Note: The provisions of this §1.16 adopted to be effective August 15, 2006, 31 TexReg 6325; amended to be effective February 18, 2007, 32 TexReg 525; amended to be effective November 29, 2007, 32 TexReg 8482; amended to be effective February 28, 2008, 33 TexReg 1526; amended to be effective November 18, 2008, 33 TexReg 9228; amended to be effective August 26, 2009, 34 TexReg 5675; amended to be effective December 3, 2009, 34 TexReg 8505; amended to be effective May 20, 2013, 38 TexReg 2998

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