1-1 By: Janek (Senate Sponsor - Ellis) H.B. No. 2926
1-2 (In the Senate - Received from the House May 10, 1995;
1-3 May 11, 1995, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 17, 1995, reported favorably by
1-5 the following vote: Yeas 9, Nays 0; May 17, 1995, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to request for proposal purchasing procedures for certain
1-10 counties.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 262.030, Local Government Code, is
1-13 amended to read as follows:
1-14 Sec. 262.030. ALTERNATIVE COMPETITIVE PROPOSAL PROCEDURE FOR
1-15 INSURANCE, <OR> HIGH TECHNOLOGY ITEMS, OR OTHER ITEMS. (a) Except
1-16 for Subsection (d) of this section, the <The> competitive proposal
1-17 procedure provided by this section may be used for the purchase of
1-18 insurance or high technology items. Quotations must be solicited
1-19 through a request for proposals. Public notice for the request for
1-20 proposals must be made in the same manner as provided in the
1-21 competitive bidding procedure. The request for proposals must
1-22 specify the relative importance of price and other evaluation
1-23 factors. The award of the contract shall be made to the
1-24 responsible offeror whose proposal is determined to be the lowest
1-25 evaluated offer resulting from negotiation, taking into
1-26 consideration the relative importance of price and other evaluation
1-27 factors set forth in the request for proposals.
1-28 (b) If provided in the request for proposals, proposals
1-29 shall be opened so as to avoid disclosure of contents to competing
1-30 offerors and kept secret during the process of negotiation. All
1-31 proposals that have been submitted shall be available and open for
1-32 public inspection after the contract is awarded, except for trade
1-33 secrets and confidential information contained in the proposals and
1-34 identified as such.
1-35 (c) As provided in the request for proposals and under rules
1-36 adopted by the commissioners court, discussions may be conducted
1-37 with responsible offerors who submit proposals determined to be
1-38 reasonably susceptible of being selected for award. Offerors must
1-39 be accorded fair and equal treatment with respect to any
1-40 opportunity for discussion and revision of proposals, and revisions
1-41 may be permitted after submission and before award for the purpose
1-42 of obtaining best and final offers.
1-43 (d) A county having a population of 2,400,000 or more
1-44 according to the most recent federal census may use the competitive
1-45 proposal purchasing method authorized by this section for the
1-46 purchase of insurance or high technology items. In addition, the
1-47 method may be used to purchase other items when the county official
1-48 who makes purchases for the county determines, with the consent of
1-49 the commissioners court, that it is in the best interest of the
1-50 county to make a request for proposals.
1-51 SECTION 2. The importance of this legislation and the
1-52 crowded condition of the calendars in both houses create an
1-53 emergency and an imperative public necessity that the
1-54 constitutional rule requiring bills to be read on three several
1-55 days in each house be suspended, and this rule is hereby suspended.
1-56 * * * * *