Sec. 2155.070. FAILURE TO MEET SPECIFICATIONS. (a) A state agency that determines that goods or services received under a contract administered by the comptroller do not meet specifications shall promptly notify the comptroller in writing of the reasons for the determination. The comptroller shall immediately make its own determination of whether the goods and services meet specifications.
(b) The comptroller or a state agency, including an institution of higher education, has the authority to determine that goods and services exempted from the comptroller's purchasing authority meet or fail to meet specifications.
(c) On determining that contract specifications or conditions have not been met, the comptroller shall act against the defaulting contractor, with the assistance of the attorney general as necessary.
(d) If the comptroller receives repeated complaints against a vendor, the comptroller shall remove the vendor's name and the vendor's goods and services from the comptroller's bidders list for not longer than one year. If complaints resume after the vendor is reinstated on the bidders list, the comptroller may bar the vendor from participating in state contracts for a period under Section 2155.077.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 5, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 14, eff. September 1, 2019.
Structure Texas Statutes
Subtitle D - State Purchasing and General Services
Chapter 2155 - Purchasing: General Rules and Procedures
Subchapter B. General Purchasing Requirements, Procedures, and Programs
Section 2155.061. Comptroller Purchasing System
Section 2155.062. Purchase Methods
Section 2155.063. Competitive Bidding Requirement
Section 2155.064. Schedule and Bulk Purchasing
Section 2155.065. Contracts With Department of Criminal Justice
Section 2155.066. Review of Specifications
Section 2155.067. Proprietary Purchases
Section 2155.068. Uniform Standards and Specifications
Section 2155.069. Testing and Inspection
Section 2155.070. Failure to Meet Specifications
Section 2155.072. Statewide or Regional Services Contracts; Studies
Section 2155.073. Participation by Small Businesses in State Purchasing
Section 2155.074. Best Value Standard for Purchase of Goods or Services
Section 2155.075. Requirement to Specify Value Factors in Request for Bids or Proposals
Section 2155.0755. Verification of Use of Best Value Standard
Section 2155.076. Protest Procedures
Section 2155.077. Barring Vendor From Participation in State Contracts
Section 2155.079. Buying Under Contract Established by Agency Other Than Comptroller
Section 2155.080. Advisory Committee on Procurement
Section 2155.081. Vendor Advisory Committee
Section 2155.083. State Business Daily; Notice Regarding Procurements Exceeding $25,000
Section 2155.084. Purchases From Federal Government
Section 2155.085. Reverse Auction Procedure
Section 2155.088. Material Changes to Contracts
Section 2155.089. Reporting Vendor Performance
Section 2155.090. Vendor and Employee Interaction and Communication Policy
Section 2155.091. Chief Procurement Officer: Powers and Duties