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A BILL TO BE ENTITLED
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AN ACT
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relating to certain indefinite quantity contracts entered into by |
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the General Land Office in the event of a natural disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.069, Natural Resources Code, is |
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amended by amending Subsections (a), (b), (c), and (h) and adding |
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Subsections (i), (j), (k), and (l) to read as follows: |
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(a) The land office shall enter into indefinite quantity |
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contracts with vendors to provide [information management |
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services, construction services, including engineering services, |
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and other] services the land office determines may be necessary to |
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construct, repair, or rebuild property or infrastructure in the |
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event of a natural disaster. |
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(b) [A contract entered into under Subsection (a) may not |
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expire after May 1 of a calendar year.] The terms of a contract |
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under Subsection (a) must[: |
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[(1)] provide that the contract is contingent on: |
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(1) [(A)] the availability of funds; |
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(2) [(B)] the occurrence of a natural disaster within |
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the term [not later than 48 months after the effective date] of the |
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contract; and |
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(3) [(C)] delivery of the services to an area of this |
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state declared by the governor or president of the United States |
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under law to be a disaster area as a result of the natural |
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disaster[; and |
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[(2) have a term of four years]. |
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(c) The land office shall ensure that it has contracts in |
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place under this section with vendors to provide [the] services |
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[described by Subsection (a)] that take effect immediately on the |
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expiration of a contract under this section. |
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(h) Notwithstanding any other provision of this section, |
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the [The] land office shall follow the procedures provided by |
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Section 2254.004, Government Code, in contracting for engineering |
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services under this section. |
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(i) The land office may award a contract under this section |
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to one or more vendors: |
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(1) on the basis of demonstrated competence and |
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qualifications to perform the services for which the land office |
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issues a request for qualifications; or |
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(2) using any other applicable state procurement |
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method. |
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(j) A contract under this section may include: |
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(1) a unit price book; |
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(2) a list of pre-priced work items; or |
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(3) another schedule identifying agreed prices for |
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services. |
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(k) A contract under this section that does not include the |
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items listed in Subsection (j) must require a vendor to submit a |
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price proposal for services on request by the land office. |
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(l) The land office shall issue task, work, or purchase |
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orders for services under a contract entered into under this |
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section to the vendor that provides the best value to the land |
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office using the standard provided by Section 2155.074, Government |
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Code. |
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SECTION 2. The change in law made by this Act applies only |
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to a contract for which the General Land Office first advertises or |
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otherwise solicits bids, proposals, offers, or qualifications or |
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makes a similar solicitation on or after the effective date of this |
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Act. A contract for which the General Land Office first advertises |
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or otherwise solicits bids, proposals, offers, or qualifications or |
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makes a similar solicitation before the effective date of this Act |
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is governed by the law in effect on the date the advertisement or |
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solicitation is made, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |