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eXpendit

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Contract Expenditures
Contractor Oversight

A state agency must use competitive selection procedures to the greatest extent possible when selecting contractors. However, a state agency is not obligated to purchase a good or service under contract if the agency is authorized under other law to purchase the good or service on the open market.

A state agency must evaluate its payment and reimbursement methods and rates every two years to ensure they are appropriate. The agency must submit formal rate evaluation information to the Legislative Budget Board and the Comptroller's office on request.

A state agency that makes procurements subject to the requirements described in this section must:

  • Design and implement procedures to detect and report double-billing by contractors, and
  • Monitor performance under a contract to verify that comparable costs are being charged for comparable goods and services.

Note: This section does not apply if the procurement is:

Definitions:

Contract
Includes a grant, other than a grant made to a school district or a grant made for other academic purposes, under which the recipient of the grant is required to perform a specific act or service, supply a specific type of product, or both.
State agency
  • A department, commission, board, office or other agency in the executive branch of state government created by the state constitution or a state statute.
  • The Supreme Court, the Court of Criminal Appeals, a court of appeals or the Texas Judicial Council.
  • A university system or an institution of higher education as defined by Texas Education Code Section 61.003, except a public junior college.

Sources [+]

State Purchasing and General Services Act, Texas Government Code Sections 2151.002(2), 2261.001(a)–(b), (d), 2261.002-2261.003, 2261.051, 2261.151, 2261.201, and 2261.203(a).