Authority/Reference(s) Texas Government Code, §2260; Human Resource Code: Chapter 40
Revision Date September 7, 2018


DFPS contract staff must maintain a reasonable level of awareness of a contractor's performance throughout the duration of the contract. Although contractor noncompliance is often identified during on-site monitoring, routine contract management activities can also alert staff to noncompliance issues.

Suspicions or allegations of inadequate or unacceptable contractor performance must be investigated and addressed to prevent harm to the agency's clients and/or loss of agency funds. Contract staff are responsible for coordinating the resolution of identified problems as quickly as possible. Contract staff are also responsible for making reasonable attempts to keep contractors informed of noncompliance issues and to help the contractor resolve, whenever possible, noncompliance issues before a remedy is necessary.

Contract staff must document the contractor's noncompliance before addressing any performance issue. Contract staff must clarify the noncompliance issue and gather all relevant facts. This includes identifying the contract terms, rules, and/or regulations that may have been violated. Contract staff evaluate the potential negative impact that the identified noncompliance issue might have on the agency's clients and/or funding. The nature and severity of the noncompliance issue guides decisions about how to address it.