(a) In accordance with Government Code §§2261.253(c) and 2261.256, contract managers will perform risk analyses for goods and services contracts to determine whether enhanced contract and performance monitoring is necessary. The following attributes will be considered, as applicable:

(1) risk of fraud, waste, or abuse;

(2) cost, duration, and scope of the contract;

(3) responsibilities and accountability of agency and vendor staff;

(4) vendor experience and past performance;

(5) data security protocols; and

(6) legislative or statutory requirements, potential impact on agency operations or programs, and external stakeholder impacts.

(b) Any contract rated high risk will receive enhanced contract monitoring to be performed by the contract manager. Enhanced contract monitoring may include the following actions, as applicable:

(1) weekly or monthly progress reports;

(2) documented controlled correspondence;

(3) regular site visits;

(4) project team meetings; and/or

(5) documentation of corrective actions.

(c) Contract and performance monitoring activities will be documented and reported to the board on a quarterly basis. The Procurement Director, in working with the contract manager, will notify the board of any serious issue or risk identified with respect to a contract subject to enhanced monitoring.

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

Source Note: The provisions of this §353.140 adopted to be effective December 8, 2016, 41 TexReg 9588; amended to be effective April 26, 2023, 48 TexReg 2134