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TITLE 34PUBLIC FINANCE
PART 14STATE COUNCIL ON COMPETITIVE GOVERNMENT
CHAPTER 401ADMINISTRATION
SUBCHAPTER FMONITORING OF SERVICES
RULE §401.105Contract Modification Notification by Contracting Agency to the Council

(a) After a contract is executed by a state agency or by the council on behalf of a state agency based on a council award, the council retains authority to monitor the progress and development of the contract. The executing agency must notify the council of any contract awarded by the council, that will expire, be amended, or be renewed no later than 90 calendar days prior to any action to amend, terminate, or renew the contract. The council may then determine whether the agency's decision regarding the contract warrants further determination by the council of the need to resubmit the state service to competitive bidding.

(b) As an exception to subsection (a) of this section, executing agencies may notify the council of technical or correcting amendments to contracts after the 90th calendar day prior to any action to amend, terminate, or renew a contract provided that sufficient time is given to the clerk of the council to poll council members to determine whether the amendment warrants any action by the council. The clerk of the council, in consultation with the presiding officer, shall determine the time deemed sufficient for each notification on a case-by-case basis.


Source Note: The provisions of this §401.105 adopted to be effective February 1, 1999, 24 TexReg 554; transferred effective January 1, 2009, as published in the Texas Register January 23, 2009, 34 TexReg 443

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