(a) Purpose. The purpose of this rule is to implement the Texas Uniform Grant Management Standards (UGMS) for purchases of 9-1-1 equipment and services made with 9-1-1 funds. Instructions provided in this rule are in addition to the direction provided in UGMS. This rule is not intended to prohibit a regional planning commission (RPC) from implementing more stringent competitive procurement practices.
(b) Funding. Funds allocated for the procurement of 9-1-1 equipment and services will be subject to Commission funding priorities and policies.
(c) Statewide Procurement. The Commission reserves the right to procure 9-1-1 equipment and services for the State program based on best value and upon determination of which goods or services are in the best interest of the State program. In instances of statewide procurement, the Commission will work with the RPCs and local governments to ensure that purchases are consistent with local 9-1-1 system infrastructure and best meet the needs of the local governments.
(d) Industry Standard. All purchases of 9-1-1 equipment and services shall be consistent with the current industry standard. The authority for the industry standard for 9-1-1 networks, equipment, and databases is the National Emergency Number Association (NENA).
(e) Competitive Procurement Required. Competitive procurement is required for all Capital Purchases.
  (1) Exceptions for sole source may be used when consistent with UGMS. Prior written concurrence from the Commission is required for any sole source purchase expected to exceed $25,000.
  (2) Purchases made by RPCs through a state agency or other qualified cooperative purchasing program shall satisfy this section of the rule.
  (3) Purchases of tariffed goods or services meeting the definition of capital purchases are subject to competitive procurement. An RPC may not contract to pay a vendor an amount higher than its tariffed price.
  (4) Modifications to leases with a nonrecurring cost of greater than $5,000 are considered capital purchases subject to competitive procurement.
(f) Historically Underutilized Businesses (HUBs). RPCs shall take affirmative steps to contract with HUBs according to the RPC's HUB plan included in the regional strategic plan.
(g) Record Retention. All procurement records must be maintained by RPCs in accordance with UGMS and each RPC's record retention policy. Documentation will be made available to the Commission upon request.
(h) Code of Ethics. An RPC employee, whose salary is funded in whole or in part with 9-1-1 Funds, shall adhere to the following ethical standards. Each RPC shall establish a policy to ensure that this code of ethics is addressed in the procurement of all 9-1-1 equipment and services and provide a copy of this policy to the Commission upon request. RPC employee may not:
  (1) Participate in work on a contract by taking action as an employee through decision, approval, disapproval, recommendation, giving advice, investigation or similar action knowing that the employee, or member of their immediate family, has an actual or potential financial interest in the contract, including prospective employment;
  (2) Solicit or accept anything of value from a vendor or potential vendor;
  (3) Be employed by, or agree to work for, a vendor or potential vendor; or
  (4) Knowingly disclose confidential information for personal gain.
(i) Compliance. If an RPC fails to comply with the provisions of this rule, the Commission may take action to recover any excessive costs clearly shown to have been paid as a result of infractions of this rule.
(j) Applicability of State Procurement Statutes. To the extent of any conflict between this rule and applicable state statutes prescribing procurement methods, such statutes shall be followed.
(k) Applicability to an Emergency Communications District (ECD). The requirements set forth in this rule also apply to an ECD awarded equalization surcharge by the commission.

Source Note: The provisions of this §251.8 adopted to be effective September 5, 1999, 24 TexReg 6709; amended to be effective February 10, 2003, 28 TexReg 1171; amended to be effective July 18, 2004, 29 TexReg 6622; amended to be effective December 7, 2008, 33 TexReg 9971; amended to be effective March 5, 2014, 39 TexReg 1357