(a) The Office of the Governor (OOG) shall complete a risk assessment for contracts with a private vendor for goods or services with a value greater than $100,000 to evaluate whether the OOG must exercise enhanced contract or performance monitoring on such contracts. For contracts with a private vendor for goods or services with a value of $100,000 or less, the OOG may complete a risk assessment to evaluate whether enhanced contract or performance monitoring is necessary for such contracts.

(b) The risk assessment may consider the following factors:

(1) total cost of the contract, including contract renewals;

(2) risk of loss to the OOG under the contract;

(3) risk of fraud, waste or abuse;

(4) scope of the goods or services provided;

(5) availability of OOG resources;

(6) complexity of the contract;

(7) business process impact of failure or delay;

(8) vendor past performance; and

(9) whether the vendor is a foreign or domestic person or entity.

(c) The director of the OOG's Financial Services Division shall provide information on contracts for which it is determined the OOG must exercise enhanced contract or performance monitoring to the OOG's Chief of Staff at least quarterly. The Chief of Staff shall be notified immediately of any serious issue or risk that is identified with respect to contracts identified requiring enhanced contract or performance monitoring.

(d) This section does not apply to a memorandum of understanding, interagency contract, interlocal agreement, or contract for which there is not a cost.

Source Note: The provisions of this §5.101 adopted to be effective November 10, 2016, 41 TexReg 8813; amended to be effective April 27, 2021, 46 TexReg 2716