1 TAC §§125.1, 125.3, 125.5, 125.7, 125.9, 125.11, 125.13, 125.15, 125.17, 125.19, 125.21, 125.23, 125.25, 125.27, 125.29
The General Services Commission proposes amendments to Title
1, TAC, Chapter 125, Subchapter A, §§125.1, 125.3, 125.5, 125.7,
125.9, 125.11, 125.13, 125.15, 125.17, 125.19, 125.21, 125.23, 125.25, 125.27,
and 125.29 concerning Travel Management Services. The amendments are being
proposed in order to clarify language and procedures in compliance with Chapter
2171, Texas Government Code. The amendments are part of a periodic rule review
process mandated by the Texas Government Code, §2001.039 (relating to
Agency Review of Existing Rules).
Mr. Frank Mays, Director of the Support Services Division, has determined
for the first five year period the rules are in effect, there will be no adverse
effect to state or local government as a result of enforcing these rules.
Mr. Frank Mays, Director of the Support Services Division, further determines
that for each year of the first five-year period the amendments are in effect,
the public benefit anticipated as a result of enforcing these rules will be
streamlined procedures, comprehensive definitions, and updated terminology
relating to the State Travel Management Program. There will be no effect on
small or large businesses and/or persons.
Comments on the proposals may be submitted to Ann Dillon, General Counsel,
General Services Commission, P.O. Box 13047, Austin, Texas, 78711-3047. Comments
must be received no later than 30 days from the date of publication of the
proposal to the
Texas Register
.
The amendments are proposed under the authority of the Texas
Government Code, Title 10, Subtitle D, §§2152.003 and 2171.002 which
provides the General Services Commission with the authority to promulgate
rules necessary to implement the sections.
The following code is affected by these rules: Government Code, Title 10,
Subtitle D, Chapter 2171.
§125.1.General.
(a)
The travel and
vehicle fleet services program
[
transportation division
] of the commission administers the State
Travel Management Program.
(b)
State Travel Management Program services are provided to
state agencies, their employees, elected or appointed officers, and other
persons entitled to reimbursement for
official state
business
travel
expenses incurred on behalf of the state[
, regardless of
the source of funds used to pay the travel expenses
].
(c)
Use of the State Travel Management Program's Contract Airline
Fares is extended to a Texas county officer or employee including a county
sheriff, deputy sheriff, or juvenile probation officer,
or persons who
are in the custody of the state,
provided that the county has elected
to participate in the program that provides this service.
(d)
It is the policy of the commission to administer the
State Travel Management Program
[
travel program
] to provide
timely and efficient travel services to eligible entities as defined in subsections
(b) and (c) of this section, and to generate savings, whenever possible.
(e)
These rules are intended to be consistent with the
State of Texas
Travel Allowance Guide published by the
comptroller
of public accounts
[
Comptroller of Public Accounts
].
§125.3.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Accumulated depreciation--The total amount of vehicle depreciation
recorded in the Vehicle Information Program.
(2)
Airlines Reporting Corporation (ARC)--The organization
of participating airlines which provides a common method of approving
travel
[
authorized
] agency
locations
[
location
] for the sale of domestic air transportation [
for the account
of the participating airlines
].
(3)
Alternative fuel--Compressed natural gas,
liquefied
natural gas,
liquefied petroleum gas, electricity,
methanol (or
M85),
or
ethanol (or E85)
[
other alternative fuel specified
in Texas Natural Resource Conservation Commission rules
].
(4)
Alternative fuel vehicle--A motor vehicle capable
of using alternative fuel in the original equipment manufactured engine, or
in a converted traditional gasoline or diesel engine.
(5)
Assigned vehicle--A state vehicle normally driven
by the same employee or small specific group of employees.
[(6)
Award--The act of accepting a bid
or proposal.]
[(7)
Board--The governing body of a county
or local school district.]
(6)
[
(8)
] Book value--The capitalized
value less the accumulated depreciation.
(7)
[
(9)
] Capitalized value--The
original cost of a vehicle, plus later adjustments for major additions or
improvements.
[(10)
Charge card-A method of payment
for travel services that does not involve actual cash, but entails credit
and payment processes.]
(8)
[
(11)
] City pair--A one-way
airline flight between two cities, from origin to destination, regardless
of stopovers or connections.
(9)
[
(12)
] Commission--The General
Services Commission.
[(13)
Competitive bidding--Shall have
the same meaning as this term is defined in §111.2 of this title (relating
to Definitions).]
(10)
[
(14)
] Computerized Reservations
System (CRS)--One of a number of interactive electronic systems linking individual
travel agencies to a central airline-owned computer, allowing agents to make
availability inquiries and travel reservations.
(11)
Corporate travel charge card-A method
of payment for travel services.
(12)
[
(15)
] Depreciation rate--A
uniform mathematical factor which reflects a vehicle's loss of market value
due to wear, deterioration, or obsolescence.
(13)
[
(16)
] Direct labor--The cost
of labor associated with repairing or servicing vehicles, whether performed
by a contractor or state employee.
[(17)
Director--The director of the travel
and transportation division of the General Services Commission.]
[(18)
Discount rate--A price for a travel
service established by the commission.]
(14)
[
(19)
] Disposal date--The date
on which a state vehicle is no longer included in
a state
[
an
] agency's property inventory.
(15)
[
(20)
] Downtime--The total
number of working hours a state vehicle, otherwise eligible for assignment,
is out of service for repair or maintenance.
(16)
[
(21)
] Driver's handbook--A
reference manual or guide detailing state agency operational policy and procedure
for state vehicles.
[(22)
Executive director--The executive
director of the General Services Commission.]
(17)
[
(23)
] Facility--A building
used for meetings, conventions, conferences, and seminars.
(18)
[
(24)
] Fleet officer--The individual
designated by each state agency who is responsible for the timely and accurate
submission of all required information utilized by the vehicle fleet management
system.
(19)
[
(25)
] Gross vehicle weight
(GVW)--The greatest weight of vehicle and load which the manufacturer recommends
that a vehicle accommodate. The GVW includes the total weight of chassis,
cab, body, special equipment, oil, water, gasoline, driver, and the maximum
payload.
(20)
[
(26)
] Group/Meeting Planning
Requisition--The
form developed
[
method recognized
]
by the
program
[
commission
] for state agencies to request
Group/Meeting Planning Services.
(21)
[
(27)
] Indirect labor--The
labor cost of vehicle fleet related employees whose time cannot be identified
with repairing or servicing individual vehicles.
(22)
[
(28)
] International Airlines
Travel Agent Network (IATAN)--The organization of participating airlines which
provides a common method of approving authorized agency locations for the
sale of international air transportation [
for the account of the participating
airlines
].
(23)
Negotiated rate--A price for a travel
service negotiated or awarded by the program.
(24)
[
(29)
] Nonparticipating state
agency--Any state agency that [
is not approved to utilize the services
of the State Travel Management Program and/or that
] has not submitted
a properly completed
and approved
travel service requisition [
setting forth its desire to participate
].
(25)
[
(30)
] Nonresident bidder-
A
[
Refers to a
] person who is not a resident bidder [
within the meaning of Texas Government Code, Chapter 2252
].
(26)
[
(31)
] Official
state
business travel--The travel undertaken by
a
state
official or employee
[
employees
] to conduct official state
business or to represent the state in an official capacity.
(27)
[
(32)
] Official county business--The
travel undertaken by a county officer or employee, including a county sheriff,
deputy sheriff
,
or juvenile probation officer, to conduct official
county business or to represent the county in an official capacity.
(28)
[
(33)
] On-Site Location--
A full
[
Full
]-service travel agency office located on state
property
, in accordance with Chapter 2165, Subchapter E of the Government
Code
that
processes travel reservations
[
sells, issues,
and delivers tickets
] for high-volume state agencies.
(29)
[
(34)
] Participating County--A
county that has executed
a Commissioner's Court Resolution
[
an interlocal agreement with the commission
] and paid the
participation
[
required
] fee for the
county
[
county's sheriff
department and juvenile probation board
] to use the contract airline
fares.
(30)
[
(35)
] Participating state
agency--A state agency
that has submitted
[
which has been
approved to utilize the services of the State Travel Management Program upon
submission of
] a properly completed
and approved
travel service
requisition.
(31)
[
(36)
] Passenger Name Record
(PNR)--
A record in a computer reservation system
[
Record
]
that contains all travel arrangements and information for a particular trip
for a specific traveler.
(32)
[
(37)
] Pool vehicle--A vehicle
normally garaged in a central location for use by any authorized employee
of the
state
agency.
(33)
[
(38)
] Program--The State Travel
Management Program.
(34)
[
(39)
] Proposal--The response
made by a
travel vendor
[
bidder
] to provide goods or
services in accordance with the terms and conditions of
an
[
a previously
] issued request for proposal.
(35)
[
(40)
] Proposal evaluation
team--The group of individuals selected by the
program
[
commission
] to [
discuss and
] evaluate proposals made in response to
an
[
a previously
] issued request for proposal.
(36)
[
(41)
] Rental car--A vehicle
not owned by the State of Texas and rented from a rental car vendor.
(37)
[
(42)
] Request for proposal--An
official solicitation to receive proposals from competitive sources in accordance
with
specific
[
delineated specification
] terms and conditions
contained in the solicitation documents.
(38)
[
(43)
] Resident bidder-
A
[
Refers to a
] person whose principal place of business
is in this state, including a contractor whose ultimate parent company or
majority owner has its principal place of business in this state.
(39)
[
(44)
] Revenue Sharing--A percentage
of
revenue
[
commissions
] received
by the state
from [
the booking of State of Texas business travel by the
]
contract travel
vendors
[
agencies/agents which is remitted
to the State
].
(40)
[
(45)
] Salvage value--The amount
expected to be realized from the disposal of a vehicle at the conclusion of
its useful life.
(41)
[
(46)
] Satellite Ticket Printer
(STP) Location-
A location at which
[
Location whose sole function
is the printing of
] travel documents
are printed
by means
of a ticket printing device.
(42)
[
(47)
] Special purpose vehicle
(SPV)--A motor vehicle commercially designed to be used primarily for purposes
other than to provide transportation service for personnel, supplies, or equipment.
(43)
[
(48)
] Standard labor rate
(SLR)--A rate computed to approximate the total hourly cost of salaries and
related fringe benefits.
(44)
[
(49)
] State agency--
(A)
any department, commission, board, office, council, or
other agency in the executive branch of state government created by the constitution
or by a statute of this state;
(B)
the Supreme Court of Texas, the Court of Criminal Appeals
of Texas, a court of civil appeals, or the Texas Civil Judicial Council;
(C)
a university system or an institution of higher education
as defined in the Texas Education Code, §61.003, other than a public
junior college.
(45)
[
(50)
] State employee--A
person employed by a state agency,
or an
elected
or appointed
state
official
[
officials, and appointed state officials
].
(46)
[
(51)
] State vehicle--Any state-owned
vehicle which is propelled by a self-contained engine and is licensed to operate
on public highways.
(47)
[
(52)
] Texas
State Travel
Directory
[
state travel directory
]--The directory
distributed
[
published
] by the
program
[
travel and transportation
division, at least annually,
] which lists
travel guidelines, contract
travel vendors and
negotiated
[
applicable current
]
rates.
All or part of the Texas State Travel Directory and updates are
accessible on the commission's web site at www.gsc.state.tx.us.
(48)
[
(53)
] Transfer date--The date
a vehicle is transferred from one
state
agency to another.
(49)
[
(54)
] Transition-
A designated
[
Designated
] period of time that a terminated
contract
travel vendor
[
contracted travel agency or travel agent
]
provides travel services until a successor
is selected and performing
services as required by the commission's
[
has been selected that
can adequately service the State's
] contract.
(50)
[
(55)
] Travel
agency
[
agent
]--Any individual, corporation, association, partnership,
company, or firm designated as an appointed airline industry agent by the
Airlines Reporting Corporation or the International Airlines Travel Agent
Network, an airline, or a company, corporation, association, partnership,
or firm owned by an airline or group of airlines which provides travel reservations
and ticketing services.
(51)
[
(56)
]
Travel agency services
contract--Terms and conditions established
[
Travel Agent Services
Contract--Contracting process used
] by the commission's
State Travel
Management Program
[
central travel office
] to ensure travel
agencies meet
minimum
[
certain reasonable
] requirements
to provide travel services for the State of Texas.
(52)
[
(57)
] Travel service requisition-The
form developed
[
method recognized
] by the
program
[
commission
] for state agencies to request services provided by
the State Travel Management Program.
(53)
Travel status--When a state
employee conducts official state business for which travel expenses may be
eligible for reimbursement in accordance with the Comptroller of Public Accounts
State of Texas Travel Allowance Guide.
(54)
[
(58)
] Travel vendor--A provider
of any travel or transportation service.
(55)
[
(59)
] Traveler--A person who
[
under §125.1 of this title (relating to General)
] is eligible
to use the
program's
contract services
and negotiated
[
or
] rates.
(56)
[
(60)
] Vehicle fleet management
system--A computerized data retrieval system to assist each state agency in
the management of its vehicle fleet.
(57)
[
(61)
] Vehicle inventory--A
list of
state
agency vehicles by type and class which is utilized
to determine their average cost of operation.
§125.5.Available Services.
The State Travel Management Program services
include
[
are
]:
(1)
travel
agency
[
agent
] services--reservation
and ticketing services for airline, hotel, and rental car
rates and
requirements under contracts established by the
commission's State Travel
Management Program
[
commission
];
(2)
corporate travel
charge card services--charge
accounts and cards
provided
[
are available
] for
official
state business
travel
use;
(3)
negotiated
[
discount
] rate services--
negotiated
[
discount
] rates for travel services
including
but not limited to airline fares, lodging establishments, and rental cars
[
are established by the commission
];
(4)
group/meeting planning
[
meeting
]
services--
services
[
assistance is
] provided to state
agencies with site selection, rate negotiation, and contracting
assistance
for meetings, conventions, conferences,
and/or
[
and
] seminars.
§125.7.Travel Agency [ Agent ] Services.
(a)
Except as otherwise provided in subsection
(c)
[
(d)
] of this section, airlines, lodging, and rental car reservation
and ticketing services are obtained from travel
agencies
[
agents
]. Travel agency employees
or authorized
[
as well
as
] state agency employees may [
be used to
] process reservation
and ticketing requests.
(b)
Travel
agency
[
agent
] services are
provided under contracts between [
selected
] travel
agencies
[
agents
] and the commission. The commission shall contract
with
multiple
travel
agencies
[
agents
] that
meet certain
minimum
[
reasonable
] requirements
established by the commission's program
[
promulgated by the commission,
allowing contracts by as many private travel agents as possible with preference
given to Texas resident entities. The contracting process is described in §125.27
of this title (relating to Travel Agency Contracts)
].
(1)
Travel agency
[
These
] services are
available to all
state
agencies
and institutions of higher
education
[
, in accordance with §125.19 of this title (relating
to Participation by State Agencies)
].
(2)
The
term
[
length
] of the
contract
[
contracts
] is
established
[
determined
] by the commission.
(3)
State agencies may
select one or more contract
travel agencies
[
begin participation
] at any time during
the term of
the
[
a
] contract [
, with the concurrence
of the commission
].
[(c)
Those travel agencies awarded contracts
with the commission on behalf of the state must meet all of the following
basic qualifications, which should not be construed to comprise the complete
vendor specifications for requests for proposals:]
[(1)
be a travel agent as defined in §125.3 of this title
(relating to Definitions); and]
[(2)
have automated systems in place to make reservations
and to capture travel data for management reporting purposes.]
(c)
[
(d)
] In accordance with Texas Government
Code, Title 10, Chapter 2171.052, the
commission's program may negotiate
directly with vendors to obtain
[
commission, at its discretion,
may obtain
] travel and transportation services [
through sources
other than travel agents including obtaining such services via direct negotiation
with travel vendors
].
Corporate Travel
Charge Card
Services.
(a)
Charge accounts and cards are provided for official
state
business
travel
use. Accounts may be established for
individual state employees, the participating
state
agency, or
both.
(b)
Corporate travel charge
[
Charge
]
card services are provided
by
[
under
] contract established
between the commission and the selected charge card
vendor
[
company
].
(c)
[
(1)
]
Contract corporate travel
charge card
[
Contracted
] services are available to all participating
state agencies in accordance with §125.19 of this title [
(relating
to Participation by State Agencies)
].
[(2)
State agencies may begin participation
in the charge card services portion of the program at any time during the
term of a contract with the selected charge card company with the concurrence
of the commission. ]
(d)
[
(3)
] An employee is not required
to
obtain
[
accept
] a state
corporate travel
charge card. However, all contract air fares must be charged on the state's
corporate travel
charge card [
contract
].
[Use of a personal
charge card that offers insurance benefits not available from the state's
charge card contract is permitted only for non-contracted air fares used in
accordance with §125.19 of this title.
]
(e)
[
(c)
] Participating state agencies
may choose to have charges billed as follows
:
[
.
]
(1)
Individual billing. All official
state
business
travel
charges are billed directly to the individual employee who is
reimbursed through standard travel voucher procedures.
(2)
Central billing. All
official state business
travel
charges
, allowable by law,
[
allowed by the General
Appropriations Act, Article V,
] are billed to the
state
agency.
The
state
agency pays the charge card
vendor
[
company
] through established voucher payment procedures [
processed
through the Comptroller of Public Accounts
].
(f)
[
(d)
] A state agency shall approve
issuing a
corporate travel
charge card to an employee if the employee
is expected to take at least three trips or spend at least $500 per fiscal
year for
official
state
travel
business.
However,
a state agency may approve issuing a card to an employee who does not meet
this requirement.
(g)
A state
[
The
] agency shall
cancel a
corporate travel
charge card upon the employee's termination
of employment, and [
it
] may cancel
the
[
a
]
card
and/or impose other disciplinary action
if the employee does
not comply with subsection
(i)
[
(e)
] of this section
or with any other provision of
the corporate travel
charge card
policies
[
use
] established by the
state
agency.
(h)
A state agency shall monitor employee
corporate travel charge card spending and payment delinquency and may take
disciplinary action up to and including termination of employment.
(i)
[
(e)
] By accepting
an individual
corporate travel
[
a
] charge card, the employee accepts the
responsibility for paying all charges timely and agrees that the [
charge
] card is intended for
official
state business
travel
use. Payment of charges on individual
corporate travel charge
cards is the sole responsibility of the individual. The state shall
not be responsible for the charges, regardless of the type of charge, nor
shall the state be liable for nonpayment by the employee.
§125.11.Negotiated Rate Services.
(a)
Negotiated
[
Discount
] rates for travel
[
and transportation
] services for official state business
travel
are
contracted
[
provided by contracts
] between
the commission and [
selected
] travel vendors.
(b)
The negotiated
[
These
] rates are
to be used by state agencies in accordance with §125.19 of this title
[
(relating to Participation by State Agencies)
].
(c)
Negotiated rates
[
Discount rates established
under this portion of the program
] may be
extended
[
used
] for personal business
use
only at the discretion of
the contract
[
providing
] travel vendors.
(d)
The
negotiated
[
discount
] rates will
be
listed
[
published
] in the Texas State Travel Directory
and made accessible at the commission's web site at www.gsc.state.tx.us
[
at least annually or more often as deemed necessary by the commission
].
(e)
Negotiated
[
Discount
] rates are established
by written contract. Contract rates
are
[
shall be
] binding
for the specified term agreed upon by the commission and the travel vendor.
(f)
State agencies may request the
program
[
commission
] to attempt to establish
negotiated
[
discount
] rates with specific travel vendors. The
program
[
commission
] will honor such requests when it determines that it is in
the best interest of the state.
(g)
A state agency required to use the commission's
travel services contracts may not establish a separate, similar contract without
commission approval. A state agency shall submit any proposed travel services
contract document to the program for review and approval before the contract
is signed. Contracts determined to be unfavorable to the state, or to have
a negative affect on the Program' contracts will not be approved.
Group/Meeting Planning
[
Meeting
] Services.
(a)
General assistance is provided to state agencies in the
planning of meetings, conventions, conferences, seminars, displays, examinations,
auctions,
and/or
[
and
] other similar events which are
sponsored by state agencies whenever space for such events is to be utilized
for less than one month. [
Assistance is provided for aspects of such
functions which are related to travel.
] The
program
[
commission
] does not provide assistance in regard to
the content
or operation of the event
[
program content or the operation of
programs at such functions
].
(b)
All group/meeting
planning
services [
as
] provided by the
program
[
commission
] are available
to all state agencies.
(c)
At the request of a state agency, the
program
[
commission
] will provide the following services:
(1)
assistance in selecting a location
and/or
[
and
] facility for a meeting. The
program may
[
commission
will
] consider transportation costs for attendees; availability of facilities
and the ability of facilities to meet space, equipment, and catering needs;
costs for obtaining meeting space and lodging; and other factors the
program
[
commission
] deems [
to be
] important in
recommending sites to state agencies;
(2)
assistance in negotiating the most favorable facility,
other
[
travel, and related
] costs and rates;
(3)
assistance in
contracting
[
negotiating
contracts
] with facilities and travel vendors.
(d)
Group meeting/planning services are provided
at no cost by the program upon receipt of a completed group/meeting planning
requisition from the state agency. The completed group/meeting planning requisition
must meet the following requirements:
(1)
must be submitted on forms developed and approved by the
program, and
(2)
must be received no later than 30 days prior to the
beginning date of the meeting, and
(3)
must be signed and certified as to the availability
of funds for the payment of the services received for specified meetings,
and
(4)
must be signed and certified that all possibilities
involving the use of state facilities have been exhausted due to the lack
of availability on the needed date(s) or inadequacy to accommodate the meeting.
(e)
Group/meeting planning services will not
be provided if a state agency has initiated the planning process with potential
vendors regarding a specific meeting.
[(d)
Convention and meeting services are provided
at no cost by the commission as a result of group/meeting planning requisitions
received from state agencies. Group/meeting planning requisitions must be
submitted on forms prescribed by and approved by the commission. Group/Meeting
planning requisitions must be received no later than 30 days prior to the
beginning date of the meeting.]
[(e)
Travel service requisitions for group/meeting
services submitted by requesting state agencies must be duly signed and must
certify as to the availability of funds for the payment of services received
for specified meetings.]
§125.15.Certification of Capability To Provide Services.
Pursuant to Texas Government Code, Title 10, §2171.051
,
prior to
the State Travel Management Program
services being provided
to a state agency [
under the State Travel Management Program
],
the
division
director
of the Support Services Division
shall certify to the executive director
of the commission
that
the program is capable of providing such services. The executive director
of the commission
shall approve the use of services provided by the
program to requesting state agencies after receipt of the required certification.
§125.17.Travel Vendor Selection Process.
(a)
[
The commission shall contract for travel agent services
as described in §125.27 of this title (relating to Travel Agency Contracts).
] The commission
contracts
[
may contract
] for
all [
other
] travel services through [
either
] competitive
bidding, competitive sealed proposals, or negotiation [
at its discretion
].
(b)
The program may
[
When a competitive process
is deemed to be in the best interests of the state, the commission shall
]
solicit competitive bids by [
issuing an invitation for bids, or competitive
proposals by
] issuing a request for
proposal using the following
procedures:
[
proposals. For competitive bids, the division shall
use the procedures required by §113.11 of this title (relating to Delegated
Purchases). The following procedures shall be used for competitive proposals.
]
(1)
Notice of the request for proposal shall be published in
the
Texas Register
and the Texas Electronic
Marketplace
and
distributed
[
mailed
] to prospective
travel
vendors [
who have asked to be included on a bidders list
for the type of services addressed in the request for proposal
].
(2)
A request for proposal shall include but not be limited
to
the following
:
(A)
a detailed
description
[
statement
]
of the services sought;
(B)
any available supporting statistical information which
is to be taken into account by prospective travel vendors in preparing proposals;
(C)
the criteria to be used in evaluating proposals for final
awards;
(D)
the
specified date,
time, [
date,
]
and place for submission of proposals; and
(E)
qualifications [
which
] prospective travel vendors
must meet to be considered for award.
(3)
A pre-proposal conference may be held after a
request for proposal is issued[
, if the commission determines one to
be necessary
]. The time, date, and location of the conference shall
be
stated
[
noted
] in the request for proposal.
(4)
Proposals and the
required
[
correct
] number of copies must be submitted
by
[
at
] the
specified date,
time, [
date,
] and place
stated
[
specified
] in the request for proposal.
(5)
The
program may select a
[
commission
shall use a proposal evaluation
] team to evaluate proposals. [
Members of the proposal evaluation team shall be selected by the commission
at its discretion.
]
(6)
The [
proposal
] evaluation team may request
oral presentations by any or all
prospective travel vendors
[
offerors
] submitting proposals.
(7)
During discussions or oral presentations with
prospective travel vendors
[
offerors
], no information from
competing proposals shall be
disclosed
[
made known
]
to other
prospective travel vendors
[
offerors
]. [
Any type of auction practice or allowing the transfer of technical information
is specifically prohibited as being inconsistent with fair competition.
]
(8)
Upon completion of oral presentations or discussions,
prospective travel vendors
[
offerors
] may be requested to
revise any or all portions of their proposals.
(9)
Based upon the evaluation of the proposals, the director
of the Support Services Division
shall determine and recommend to the
executive director
of the commission
the
travel vendor(s)
selected
[
offeror(s) chosen
] for contract awards.
(10)
Notice of Award(s)
[
Awards
]
shall be made to the
travel vendor(s)
[
offeror(s)
] whose
proposal(s) are most advantageous and are in the best
interest
[
interests
] of the state considering the evaluation criteria set
forth in the request for proposal.
The commission may reject all or any
part of the proposal(s) when in the best interest of the state.
[
The commission may reject all proposals if none of the offers are acceptable
or if rejection is in the best interest of the state.
]
(11)
The contract(s) resulting from the
request for proposal process consists of the following:
(A)
The request for proposal;
(B)
The transcribed preproposal conference questions and answers;
(C)
Any addenda to the request for proposal;
(D)
The successful travel vendor's response; and
(E)
The notice of award(s).
[(11)
A notice of award shall be
sent to the offeror or offerors whose proposals are accepted.]
[(12)
The contract resulting from the
competitive proposal process consists of the request for proposals, the accepted
proposal, and the notice of award.]
§125.19.Participation by State Agencies.
(a)
State agencies' participation in the program
is as follows:
(1)
State agencies in the executive branch of state government
shall participate in the program and use the travel agency, charge card, rental
car, airline, hotel, and other travel services negotiated by the program;
(2)
Institutions of higher education are not required
to use the travel agency services contracts, but are required to use all other
travel services contracts when such purchases are made using general revenue
funds or educational and general funds as defined by the Education Code, §
51.009;
(3)
The Employees Retirement System of Texas is not required
to participate in the contract travel agency services or other travel services
purchased from funds other than general revenue funds.
(b)
A state agency that is not required to
use the commission's travel services contracts, shall:
(1)
Participate at its own option.
(2)
Use the corporate travel charge card services if a
state agency decides to use travel agency services contracts.
(3)
Give the commission's program at least 60 days advance
written notice if the state agency terminates its participation in the program.
(c)
To begin participating in the travel agency
and/or corporate travel charge card contracts, a state agency must submit
a completed travel service requisition to the program and then the commission
will:
(1)
review and approve participation by the requesting state
agency in the Program upon a determination that the program is capable of
providing those services requested; and
(2)
If the program cannot provide those services requested,
then the director of Support Services Division shall not approve the travel
service requisition and shall so notify the requesting state agency in writing
as to the reasons for this determination.
(d)
The commission's travel services contracts
must be used unless at least one exception listed in paragraphs (1)-(4) of
this subsection exists. Travel Agent contracts are not affected by the conditions
listed in paragraphs (2)-(5) of this subsection.
(1)
Contract travel agency alternative. Use of an authorized
alternative method is allowable because the state traveler is already in travel
status which renders the use of a contract travel agency impractical or unnecessary;
airline reservations are not required; or travel is undertaken as part of
a group program for which reservations must be made through a specified source
to obtain a particular rate and/or service.
(2)
Lower total cost to the state. Use of a non-contract
travel vendor is less than the contract fare or rate, and/or when all trip
expenses are evaluated, including ground transportation, insurance fees, parking
fees, taxes, and travel time, the use results in a lower total overall cost
to the state.
(3)
Efficient use of services. Use of a non-contract travel
vendor is necessary because the contract travel vendor is sold out, is not
able to provide services at the time or location necessary to accomplish the
purpose of the trip, has a real or anticipated labor disruption, or is providing
negotiated rates for group travel.
(4)
Health and safety issues. Use of a non-contract travel
vendor may be allowed when a state traveler finds that the accommodations
provided by the vendor may reasonably present a risk to the state traveler
or person under the state's custody in the following circumstances:
(A)
Accommodations may lack a reasonable amount of security
or safety, and/or may present a health risk based on the state traveler's
individual needs;
(B)
Accommodations fail to provide an adequate amount of services
required for a person with disabilities; or
(C)
Accommodations have limited availability of medical emergency
facilities or equipment that may be required by a state traveler or person
under the state's custody.
(5)
Corporate travel charge card alternative. Use
of a personal charge card is allowable only for non-contract airfares used
in accordance with this chapter if it offers insurance benefits not available
from the state's corporate travel charge card contract.
(e)
An exception must be indicated on or with
a voucher or other payment document as specified by the comptroller of public
accounts. State agencies shall establish travel procedures to comply with
this subsection and submit them to the program for approval.
[(a)
Except as otherwise provided in this
section, state agencies in the executive branch of state government shall
participate in the program and use the travel agency, charge card, rental
car, airline, hotel, and other travel service contracts that are effective
for at least a 12-month term. Institutions of higher education are not required
to use the travel agency contracts, but are required to use all other contracts
when such purchases are made using general revenue funds or educational and
general funds as defined by the Education Code, §51.009.]
[(b)
A state agency that is not required to
use the travel services contracts may do so at its option. However, a state
agency that uses travel agent services must use the charge card services also.]
[(c)
To begin participating in the travel
agency and charge card contracts, a state agency must send the commission
a travel service requisition.]
[(d)
The commission shall receive a travel
service requisition from a requesting state agency and shall approve participation
by such state agency in the program upon a determination that the program
is capable of providing those services requested. If the commission determines
that the program cannot provide those services requested, then the commission
shall not approve the travel service requisition and shall so notify the requesting
state agency in writing as to the reasons for this determination.]
[(e)
A state agency not required to use the
commission's contracts may terminate its participation by giving the commission
at least 60 days' advance written notice.]
[(f)
The contracts for travel services must
be used as required by §§125.1-125.21 and 125.27 of this title (relating
to Travel Management Services) unless the conditions listed below exist. The
existence of the condition must be indicated on or with the payment voucher
as specified by the comptroller of public accounts. State agencies shall establish
procedures to comply with this subsection and submit them to the commission
for approval within 90 days after the effective date of this section. Travel
agent contracts are not affected by the conditions listed in paragraphs (5)-(12)
of this subsection.]
[(1)
The state traveler is already in travel status which renders
the use of a contract travel agent impractical or unnecessary or airline reservations
are not required. ]
[(2)
Travel is undertaken as part of a group program for
which reservations must be made through a specified source to obtain a specified
rate or service.]
[(3)
A contract travel vendor cannot provide services
in the time period required to accomplish the purpose of the travel. ]
[(4)
A contract travel vendor's services are not available
in a location that will reasonably allow the business requirements of a state
traveler to be fulfilled. ]
[(5)
A contract vendor is unable to provide the required
services because it is sold-out. ]
[(6)
Alternative rental car or hotel arrangements can
be made at a lower total cost than the contract hotels or rental car companies.
For rental cars, total costs include the base rate, loss/damage waiver protection,
mileage charge, surcharges, and cost for comparable liability insurance protection.
To compare total costs for hotels the following shall be considered: the cost
of the guest room without taxes, travel time to point of business location,
any transportation costs, such as taxi or rental car and/or parking fees.]
[(7)
A contract vendor offers a fare or rate lower by
any amount than the contract fare or rate. ]
[(8)
A non-contract airline offers a published fare to
the general public which results in a lower total trip cost, including travel
time, to the agency. However, lower or identical airfares offered to state
travelers only are not included within this exception. ]
[(9)
Travel is undertaken by persons with disabilities,
by persons transporting prisoners or other persons in the custody of the state,
or in a medical emergency.]
[(10)
Use of contract travel vendors is perceived by the
state traveler to present a security, safety, or health risk to the state
traveler.]
[(11)
Travel is by persons who under §125.1 of this
title (relating to General) are not eligible to use the contract services
or rates.]
[(12)
Promotional air fares used by two or more state
travelers on a companion basis resulting in an average air fare for each state
traveler lower than the individual contract fare.]
(f)
[
(g)
] A state agency required to
use the
commission's
travel services contracts may not purchase
or reimburse a person for the purchase of commercial airline or rental car
transportation in an amount exceeding the contract rate established by the
commission unless
an exception
[
a condition
] identified
in subsection
(d)
[
(f)
] of this section exists. The
exception
[
existence of the condition
] must be indicated
on or with the [
payment
] voucher
or other payment document
as specified by the comptroller of public accounts.
(g)
[
(h)
] Contract rates will be
distributed
[
communicated
] by the commission [
on an
annual basis
] to state agencies and the comptroller of public accounts
when contracts are established by the program
.
(h)
[
(i)
] When a voucher or other payment
document
for travel services is
submitted to the comptroller of
public accounts [
is for travel services where a contract negotiated by
the commission must have been used for some or all of the travel
] and
it does not show that
a travel services
[
the
] contract
was properly used or an exception [
condition
] listed in subsection
(d)
[
(f)
] of this section
is not reflected
[
has not been properly claimed
], the comptroller
of public accounts
will handle the document as specified in paragraphs (1) and (2) of
this subsection.
(1)
Pre-payment audits by the comptroller
of public accounts
.
(A)
Except as provided in subparagraph (B) of this paragraph,
the comptroller
of public accounts
may not refuse to process a
voucher or
other
payment document solely because it involves the
non-use of a travel services contract negotiated by the
Program
[
commission
]. The comptroller
of public accounts will
[
shall
] report
instances of non-compliance
[
the
voucher or document
] to the commission.
(B)
The comptroller
of public accounts will not
[
may not
] process a voucher or
other
payment document
that requests payment or reimbursement of commercial airline or rental car
transportation
that exceeds
[
to the extent the amount of that
payment or reimbursement would exceed
] the amount of the
contract
[
commission's contracted
] rate
unless a valid exception
is noted
. The comptroller
of public accounts will
[
shall
] report
instances of non-compliance
[
the voucher
or document
] to the commission.
(2)
Post-payment audits by the comptroller
of public accounts
.
(A)
Except as provided in subparagraph (B) of this paragraph,
the comptroller
of public accounts
may not require a state agency
to obtain a refund of a payment or reimbursement made under a voucher or
other
payment document that shows the non-use of a
contract
travel
service
[
services contract negotiated by the commission
]. The comptroller
of public accounts
shall report
instances of non-compliance
[
the voucher or document
] to
the commission.
(B)
The comptroller
of public accounts
may take
the actions authorized by Government Code, §403.071
(h)
, concerning
a voucher or
other
payment document that shows a payment or reimbursement
of commercial airline or rental car transportation [
in an amount
]
that exceeds the
program's contract
[
commission's contracted
] rate. The comptroller
of public accounts
shall [
also
] report
instances of non-compliance
[
the voucher or
document
] to the commission.
(i)
[
(j)
] A state agency may submit a
written request for exemption from the required use of one or more travel
services
contracts. The commission will approve an exemption if it determines
that such an exemption would provide an economic or service benefit to the
state, taking into account any affect on the commission's contracts and ability
to obtain favorable contracts in the future. An exemption expires when the
related contract is terminated or replaced.
§125.21.Reporting Requirements for State Agencies.
(a)
A state agency that does not [
at a minimum
]
charge all
required
air fares on the state's
corporate travel
charge card contract shall submit travel data for monitoring and analysis
of state travel costs and for use in rate negotiations with travel vendors.
The travel data will be reported in the form and manner requested by the
program
[
division
] to identify airline,
lodging establishment
[
hotel
], and rental car
usage
[
use
]
and expenses.
(b)
Information required by this section shall be submitted
monthly by the 30th day following the end of the month
for
[
in
] which the data has been compiled[
, beginning September 1988
].
[(c)
A state agency required to use the commission's
contracts for travel services may not establish a separate, similar contract
without commission approval. The agency shall submit the proposed contract
to the division for review and approval before the contract is signed. Contracts
determined to be unfavorable to the state, or to have a negative affect on
the commission's contracts will not be approved. Any separate contracts in
effect before the effective date of this subsection must be submitted to the
division for review and approval also. If an existing contract is not approved,
the agency will terminate the contract at the earliest time permitted by the
contract.]
§125.23.State Agency Travel Coordinators.
(a)
State agencies [
in the executive branch of state government
] shall designate at least one employee of the
state
agency
to serve as the travel coordinator for the
state
agency. The designated
travel coordinator shall be responsible for the following:
(1)
receiving and distributing travel information to employees
of the
state
agency;
(2)
coordinating with
state
agency employees
and travel vendors to ensure proper use of travel contracts;
(3)
reviewing travel data reports for compliance with
the contracts and
rules established by the program
[
§§125.1
to 125.21 and 125.27 of this title (relating to Travel Management Services)
];
(4)
monitoring the
state
agency's travel activities
and reporting travel needs and problems to the
program
[
commission
];
(5)
serving on a
travel vendor
proposal evaluation
team as requested.
(b)
The state agency shall provide the name, address, and phone
number of the designated travel coordinator to the
program
[
division
] in writing. Changes
must
[
are to
] be
submitted to the program
[
provided
] in writing [
also
], within 30 days following
any
[
the
] change.
(c)
The
program
[
commission
] shall establish
a travel advisory group of
state
agency travel coordinators and
other state employees to promote better understanding and operation of the
State Travel Management Program. This
travel advisory
group may
assist with preparation and evaluation of request for proposals,
review
[
formulation
] of travel rules, or [
any
] other
travel-related issues
[
travel related issue
].
§125.25.Conference Rooms.
(a)
Conference rooms in state owned buildings are for use by
state agencies for official purposes only and the private use thereof is prohibited.
The commission may require documentation to verify that a conference room
request is for official purposes.
(b)
The commission will not provide any furniture, equipment,
or meeting materials other than the tables and chairs already in the conference
rooms. No existing furniture, equipment, heavy tables, large podiums or fixtures
may be removed from the conference rooms. Using
state
agencies
may rearrange tables and chairs that are movable but must return all furniture
to its original configuration at the end of the reservation period. Any special
equipment, furniture, or materials brought into a conference room for a meeting
must be removed at the end of the reservation period. Tampering with public
address systems, recording systems, video equipment, telecommunications or
computer wiring in the conference rooms is strictly prohibited.
(c)
Using
state
agencies shall be responsible for
costs to repair any damage to the conference rooms, furnishings or equipment
that occurs during use.
(d)
Conference room reservations and cancellations may be made
orally, in writing
(including e-mail)
or by facsimile. Oral cancellations
[
must
] require written
(including e-mail)
or facsimile
follow up. A reservation may be canceled only by the
state
agency
that made the reservation. Cancellation of reservations is to be made as soon
as possible after
a state
[
an
] agency learns that the
room will not be needed. Written confirmation of reservation or cancellations
will be provided to
a state
[
an
] agency by the commission
upon request.
(e)
A state agency may use a conference room for more than
20 hours of a standard 40 hour work week only upon approval of a request submitted
in writing.
(f)
If meetings are scheduled for hours other than 8:00 a.m.
to 5:00 p.m. weekdays
or on holidays
, the requesting
state
agency must notify the Department of Public Safety Capitol Detail,
[
at 463-3476,
] to arrange for building access.
(g)
Reservations are made on a first come, first serve basis.
The commission will not alter the conference room schedule on behalf of any
state
agency.
(h)
The conference room schedule is public record, and is subject
to disclosure.
§125.27.Travel Agency [ Agent ] Services Contracts.
(a)
A travel agency seeking to contract with the state to provide
travel services to state agencies shall complete and submit an application
on a form prescribed by the
commission's program
[
commission
].
(b)
An application must include, but is not limited to, the
following:
(1)
information identifying business organization, including
corporate and/or dba name, address, telephone and facsimile numbers; principal
place(s) of business; federal tax identification number; Airline Reporting
Corporation (ARC) and/or International Airline Travel Agent Network (IATAN)
number(s);
(2)
a list of locations within Texas, willing to and capable
of generating tickets and other travel related services, including addresses,
telephone
, e-mail,
and facsimile contacts that will provide services
to the
state
[
State
] and the respective ARC/IATAN number
of each or evidence of designation by all commercial airlines to provide travel
reservations and ticketing services required for state business travel;
(3)
verifying documentation that the vendor
, for
a minimum of five years,
has been in business as a travel agency, under
the same ARC/IATAN number, [
for a minimum of five years,
] and [
has been in business as a travel agency
] providing services using a
Computer Reservation System (CRS) [
for a minimum of five years
];
(4)
a notarized
[
an
] affidavit that
the vendor meets the requirements identified in subsection (c) and agrees
that services to state agencies will be rendered pursuant to the requirements
stated herein and set forth in the state's
travel agency services contract
[
Travel Agent Services Contract
].
(c)
Vendors seeking to qualify for a
travel agency services
contract
[
Travel Agent Services Contract
] to provide travel
services to state agencies shall:
(1)
identify an employee experienced in the travel business
as the vendor's central point of contact or project manager for the state
and the other
contract
travel
vendors
, [
contractors
] and inform the
commission's program
[
commission
]
in writing of any changes in designation;
(2)
at the time of application,
for a minimum of
five years has been
[
be
] in business as a travel agency under
the same ARC/IATAN number [
for a minimum of five years,
] and [
as a travel agency
] providing services using a Computer Reservation
System (CRS) [
for a minimum of five years
];
(3)
make travel arrangements in accordance with the state's
travel
management
rules
, the comptroller of public accounts'
State of Texas Travel Allowance Guide,
[
§125.19 of this title
(relating to Participation by State Agencies),
] and all terms and conditions
set forth in the
travel agency services contract
[
Travel Agent
Services Contract
];
(4)
provide reservations, ticketing, reticketing, ticket
delivery, and refunds at no additional charge to the state, meaning that the
total charges to the state shall not exceed the sum of charges assessed by
the airlines, rental car vendors, and hotels;
(5)
specify minimum volumes for STP, CRS, on-site locations,
and terms for ticket delivery in writing to individual state agencies upon
request;
(6)
agree that the state shall have the right to review,
obtain, and copy all state business travel records pertaining to the services
rendered, permit the state access to its premises for an on-site inspection
during normal business hours, and maintain all applicable accounting records
relating to state business travel transactions for a minimum period of three
years from transaction date for audit purposes;
(7)
submit travel data reports as identified in the
travel agency services contract
[
Travel Agent Services Contract
] on diskette in ASCII format or other automated or electronic means
as the
commission's program
[
commission
] may specify;
(8)
have access to and obtain information from the Internet,
as directed by the
commission's program
[
commission
],
to disseminate information and facilitate communication in the most cost-efficient
means; [
and
]
(9)
require the project manager to attend at least one
implementation training session annually and semiannual sessions thereafter
if these sessions are established by the
commission's program
[
commission
];
(10)
commit to servicing a state agency for a minimum
of one year from the date of selection
, and
;
(11)
comply with applicable state laws, rules and procedures
related to contracting or subcontracting, including [
but not limited
to §§111.11-111.24 of this title (relating to Historically Underutilized
Business Certification Program) which pertains to contracting with
]
Historically Underutilized Businesses
requirements
.
(d)
An application that is incomplete or contains inaccurate
information will not be approved and the vendor will be notified that corrections
are needed.
(e)
The
commission's program
[
commission
]
shall notify a travel agency of approval or denial of an application for a
contract not later than 60 days after the date the commission receives a completed
application.
(f)
The
commission's program
[
commission
]
may refuse an application for contract based on one or more of the following:
(1)
the applicant does not meet the requirements specified
in subsection (b) or (c) of this section;
(2)
the application contains false information;
(3)
the applicant's past and current record of performance
under any prior travel contracts, the commission's bidders' list or any unresolved
complaints on record from state agencies.
(g)
An award of a
travel agency services contract
[
travel agent services contract
] by the
commission's program
[
commission
] shall signify that the contractor meets the
minimum qualifications to provide travel
agency
[
agent
]
services. There is no guarantee that any volume of business will result from
the award of a travel
agency
[
agent
] services contract
by the
commission's program
[
commission
].
(h)
Term of Travel
Agency
[
Agent
] Services
Contract:
(1)
Each contract shall be for a term of three calendar years,
beginning on the date the
commission's program
[
commission
] approves the application.
(2)
The
commission's program
[
commission
] will send notification and application for renewal to the vendor approximately
90 days prior to expiration of the three-year period.
(i)
Revocation of Travel
Agency
[
Agent
]
Services Contract:
(1)
A travel
agency
[
agent
] services contract
may be revoked or canceled by the
commission's program
[
commission
]:
(A)
if it is discovered the
travel agency vendor
[
contractor
] has provided false information on the application;
(B)
for failure to follow procedures established by the state,
the
corporate
travel
charge
card
vendor
[
provider
], or any other
contract
travel service
vendor
[
contractor
] as designated by the
program
[
state
];
(C)
for failure to process refunds as prescribed in the contract;
(D)
for failure to provide accurate reports to the commission
or state agencies as prescribed in the
travel agency services
contract;
or
(E)
for failure to follow state policies in regard to the use
of state
contract travel vendors
[
contractors
] as prescribed
in the contract.
(2)
A travel
agency
[
agent
]
services contract may be canceled by the vendor:
(A)
upon written notification by U.S. certified mail to the
commission's program
[
commission
] and subject to the transition
period described in subsection (k) of this section;
(B)
the transition period shall begin upon the commission's
program
receipt of notification.
(3)
If a travel
agency
[
agent
]
services contract is canceled by either party:
(A)
the
travel agency vendor(s)
[
contractor(s)
] shall be required to delete from their records all state agency data
and traveler profile information obtained for state business travel
following the completion of the transition period; and
(B)
the
travel agency vendor(s)
[
contractor(s)
] shall follow transition guidelines as specified in subsection (k)
of this section;
and
(C)
the
travel agency
vendor(s), under the same
majority ownership, will not be eligible to reapply for two years following
the completion of the transition period.
(4)
Based on the reason for cancellation, the
travel agency vendor(s)
[
contractor(s)
], under the same majority
ownership, may be ineligible for all future consideration.
(5)
If a travel agency services contract
is not renewed by the travel agency vendor at the end of the contract term:
(A)
the transition period shall begin at the end of the contract
period; and
(B)
the travel agency vendor(s) shall be required to delete
from their records all state agency data and traveler profile information
obtained for state business travel following the completion of the transition
period; and
(C)
the travel agency vendor(s), under the same majority ownership,
will not be eligible to reapply for six months following the completion of
the transition period.
(j)
Selection by state agencies:
(1)
The
commission's program
[
commission
]
shall provide to state agencies, by the most cost efficient means, a listing
of all travel
agency vendor(s)
[
agencies
] authorized
[
by contract
] to book state travel. The listing will be updated
quarterly or as necessary;
(2)
Each state agency [
that is
] required to
use [
contracted
] travel
agency vendor(s)
[
agencies
as specified in §125.19(f) of this title
] shall select the
travel agency vendor(s)
[
contractor(s) to handle its travel business
] from the commission's
program
list;
(3)
In the selection process, state agencies shall consider
participation by as many
travel agency vendors
[
contractors
] as possible, with preference given to Texas resident
travel agency
vendors
[
contractors
] in accordance with §113.8 of this
title [
(relating to Preferences)
]. State agencies shall consider:
(A)
the
travel agency vendor's
[
contractor's
] ability, qualifications and availability to meet the needs of the
state agency's operations;
(B)
whether the
travel agency vendor
[
contractor
] can provide the necessary services within the time required, without
delay or interference;
(C)
performance of previous contracts or services;
(D)
any previous or existing noncompliance by the
travel
agency vendor
[
contractor
] with specifications contained
in the
travel agency services contract
[
Travel Agent Services
Contract
], state agency requirements or any laws, rules or policies
related to contracting with the state;
and
(E)
references from previous contracts or services.
(4)
State agencies have varying priorities and requirements.
Selection criteria may vary and additional standards and services may be imposed
by a state agency based on need. State agencies shall establish specific criteria
and procedures to use in selecting a
travel agency vendor(s)
[
provider or providers from travel agencies contracted by the commission
].
A state agency's criteria shall be documented and evaluation should be consistent
for all
travel agency vendors; and
[
contractors;
]
(5)
State agencies requiring STPs, CRSs, or other on-site
services shall commit to a minimum of one year participation, provided that
all contractual obligations are fulfilled by the travel
agency
[
agent
].
(k)
In the event that a state agency determines that it will
no longer use the services of a particular travel agency
vendor
or the
travel agency vendor
[
contractor
] chooses to
terminate services to the agency or to terminate its
travel agency services
contract
[
Travel Agent Services Contract
] with the
commission's program
[
commission
], or the
travel agency
services contract
[
Travel Agent Services Contract
] is revoked
or canceled by the [
Commission, the contractor(s)
]
commission's
program, or the contract travel agency does not renew at the end of the contract
term, the travel agency vendor(s)
shall:
(1)
extend services to the state and the state agency for a
period of 120 days or until such time as services from the successor are available,
as determined by the
commission's program and
[
state
];
(2)
agree to exercise their best efforts and cooperation
to effect an orderly transition to a successor;
and
(3)
at the request of a state agency, negotiate in good
faith a plan with the successor to establish the transition with the least
impact on the state agency and travelers; and
(4)
provide a diskette copy in ASCII format of all travelers'
profiles to the state agency, after which the
travel agency vendor(s)
[
contractor(s)
] shall delete all state agency data and traveler
profile information obtained for state business travel from their records;
and
(5)
release all PNRs for future state business travel
to the state agency and/or selected travel
agency vendor
[
agent
].
(l)
A
travel agency
vendor may protest the commission's
program
denial of its application, or the commission's
program
revocation or cancellation of a
travel agency services contract
[
Travel Agent Services Contract
] by filing a written protest
with the
commission's program
[
commission
] within 30
days after the date the
commission's program
[
commission
]
sent notice of the disposition to the
travel agency
vendor.
The commission's program
[
Commission
] staff will then prepare
a recommendation for review by the executive director of the commission. The
decision of the executive director
of the commission
is final.
§125.29.Texas Counties Use of Contract Airline Fares.
(a)
A Texas county officer or employee, including a county
sheriff
,
deputy sheriff
,
or juvenile probation officer
traveling on official county business
or persons who are in the custody
of the state
may use the program's contract airline fares for purposes
of obtaining reduced airline fares.
(1)
A Texas county seeking to participate in the program to
use the contract airline fares shall
execute
[
complete
]
and submit
a Commissioner's Court Resolution
[
an interlocal
agreement as prescribed by the commission
]. The
Commissioner's
Court Resolution
[
interlocal agreement
] shall include, but
is not limited to the following provisions:
(A)
Participation fee;
(B)
Participation dates;
(C)
Use of contract airline fares;
(D)
Reporting requirements; and
(E)
Contract termination.
(2)
The commission will charge Texas counties a participation
fee to recover the commission's cost incurred in administering this program
for counties.
(b)
Texas counties participating in this program must comply
with all rules and procedures as outlined in the airline contract between
the commission and the airlines.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on May 9, 2000.
TRD-200003262
Ann Dillon
General Counsel
General Services Commission
Earliest possible date of adoption: June 25, 2000
For further information, please call: (512) 463-3960