Authority/Reference(s) Texas Government Code §§ 2155, 2261, 2162; 34 TAC § 20.108
Revision Date October 14, 2016

Policy

The Comptroller of Public Accounts (Comptroller) maintains the Vendor Performance Tracking System (VPTS) to track exceptional, satisfactory, and unsatisfactory vendor performance. 

Unless exempt, DFPS must report vendor performance on contracts with a value of $25,000 or more within 15 days of:

  • a critical performance incident,
  • contract closeout, or
  • termination

HHS-PCS is responsible for reviewing and submitting Vendor Performance to the Comptroller.  Vendors have the opportunity to protest unfavorable performance. 

When DFPS purchases good or services through the use of a HHS master contract, unsatisfactory performance must be coordinated with HHS-PCS

Annually, DFPS-COS distributes a list of vendors that are reported to VPTS as having unsatisfactory performance. DFPS staff must use this information to help strengthen contracting decisions.

Exemptions:

The following types of agreements are exempt from VPTS reporting:

  • Open enrollment (PENS) contracts
  • Interagency and Interlocal contracts
  • Memorandums of Agreement (MOAs) and Memorandums of Understanding (MOUs)
  • Subcontracts
  • Subrecipient/recipient contractors

Contract staff are encouraged to report VPTS even when vendors are exempt from VPTS reporting requirements when critical performance incidents arise or for unsatisfactory performance, as described below.

DFPS staff will report the following:

  • Satisfactory and exceptional performance at contract closeout or termination, for example:
    • Delivery in advance of due dates
    • Exceeds performance requirements
    • Provides customer service above and beyond what is contractually required
  • Critical performance issues upon occurrence, for example:
    • Assessment of damages or sanctions
    • Conducting business in an unethical manner or otherwise violating procurement or contracting laws, rules, or policies
    • Terminations for cause
    • State or Federal Debarments
    • Substantiated fraud, in coordination with Internal Audit, including incidents where the Office of the Inspector General (OIG) or Office of the Attorney General (OAG) has provided a final report to DFPS.
  • Unsatisfactory performance at contract closeout or termination, for example:
    • Deficiencies in performance
    • Failure to meet service levels or delivery standards
    • Violating contractual terms and conditions