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07-28-2025
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Agenda Packet
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C. State agencies are required by rule (34 TAC §20.108(b)) to report vendor performance through <br />the Vendor Performance Tracking System (VPTS) on every purchase over $25,000.00. <br />11.2 Termination <br />11.2.1 Termination for Non -Appropriation <br />Customers may terminate Purchase Orders if funds sufficient to pay its obligations under the <br />Contract are not appropriated: i) by the governing body on behalf of local governments; ii) by the <br />Texas legislature on behalf of state agencies; or iii) by budget execution authority provisioned to <br />the Governor or the Legislative Budget Board as provided in Chapter 317, Texas Government <br />Code. In the event of non -appropriation, Successful Respondent will be provided ten (10) <br />calendar days written notice of intent to terminate. In the event of such termination, Customer <br />will not be in default or breach under the Purchase Order or the Contract, nor shall it be liable for <br />any further payments ordinarily due under the Contract, nor shall it be liable for any damages or <br />any other amounts which are caused by or associated with such termination. <br />11.2.1.2 Termination for Non -Appropriation by DI <br />DIR may terminate the Contract if funds sufficient to pay its obligations under the Contract are <br />not appropriated: by the i) Texas legislature or ii) by budget execution authority provisioned to <br />the Governor or the Legislative Budget Board as provided in Chapter 317, Texas Government <br />Code. In the event of non -appropriation, Successful Respondent will be provided thirty (30) <br />calendar days written notice of intent to terminate. In the event of such termination, DIR will not <br />be in default or breach under the Contract, nor shall it be liable for any further payments <br />ordinarily due under the Contract, nor shall it be liable for any damages or any other amounts <br />which are caused by or associated with such termination. <br />11.2.2 Absolute Right <br />DIR shall have the absolute right to terminate the Contract without recourse in the event that: i) <br />Successful Respondent becomes listed on the prohibited vendors list authorized by Executive Order <br />#13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to <br />Commit, or Support Terrorism", published by the United States Department of the Treasury, Office of <br />Foreign Assets Control; ii) Successful Respondent becomes suspended or debarred from doing business <br />with the federal government as listed in the System for Award Management (SAM) maintained by the <br />General Services Administration; or (iii) Successful Respondent is found by DIR to be ineligible to hold <br />the Contract under Subsection (b) of Section 2155.006, Texas Government Code. Successful Respondent <br />shall be provided written notice in accordance with Section 14. 1, Notices, of intent to terminate. <br />11.2.3 Termination for Convenience <br />DIR may terminate the Contract, in whole or in part, by giving the other party thirty (30) calendar days' <br />written notice. A Customer may terminate a Purchase Order by giving the other party thirty (30) calendar <br />days' written notice. <br />Appendix A Standard Contract Terms and Conditions Page 34 <br /><Rev December 2021> <br />
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