Amend CSSB 311 as follows:
(1) In SECTION 6.01 of the bill (Committee Printing page 15,
line 61), in Subdivision (2) of amended Section 2155.062(a),
Government Code, strike "(2) multiple award contract procedure;
<or>" and substitute:
(2) multiple award contract procedure, including under
any schedules developed under Subchapter I; <or>
(2) Insert an appropriately numbered ARTICLE to the bill to
read as follows:
ARTICLE _____. MULTIPLE AWARD CONTRACTS FOR STATE AND LOCAL
GOVERNMENT PURCHASES
SECTION _____.01. Chapter 2155, Government Code, is amended
by adding Subchapter I to read as follows:
SUBCHAPTER I. MULTIPLE AWARD CONTRACT SCHEDULE
Sec. 2155.501. DEFINITIONS. In this subchapter:
(1) "Department" means the Department of Information
Resources.
(2) "Local government" has the meaning assigned by
Section 271.101, Local Government Code.
(3) "Multiple award contract" means an award of a
contract for an indefinite amount of one or more similar goods or
services from a vendor.
(4) "Schedule" means a list of multiple award
contracts from which agencies may purchase good and services.
Sec. 2155.502. DEVELOPMENT OF MULTIPLE AWARD CONTRACT
SCHEDULE. (a) The commission shall develop a schedule of multiple
award contracts that have been previously awarded using a
competitive process by:
(1) the federal government, including the federal
General Services Administration; or
(2) any other governmental entity in any state.
(b) In developing the schedule under Subsection (a), the
commission shall modify any contractual terms, with the agreement
of the parties to the contract, as necessary to comply with any
federal or state requirements, including rules adopted under this
subchapter.
(c) The commission may not list a multiple award contract on
a schedule developed under this section if the goods or services
provided by that contract are available from only one vendor.
Sec. 2155.503. RULES. (a) The commission and the
department shall adopt rules to implement this subchapter. The
rules must:
(1) establish standard terms for contracts listed on a
schedule; and
(2) maintain consistency with existing purchasing
standards.
(b) The commission and the department shall consult with the
attorney general and the comptroller in developing rules under this
section.
Sec. 2155.504. USE OF SCHEDULE BY GOVERNMENTAL ENTITIES.
(a) A state agency or local government may purchase goods or
services directly from a vendor under a contract listed on a
schedule developed under this subchapter. A purchase authorized by
this section satisfies any requirement of state law relating to
competitive bids or proposals and satisfies any applicable
requirements of Chapter 2157.
(b) The price listed for a good or service under a multiple
award contract is a maximum price. An agency or local government
may negotiate a lower price for goods or services under a contract
listed on a schedule developed under this subchapter.
Sec. 2155.505. HISTORICALLY UNDERUTILIZED AND SMALL
BUSINESSES. (a) In this section:
(1) "Historically underutilized business" has the
meaning assigned by Section 2161.001.
(2) "Small business" means a small business concern as
defined by regulations of the United States Small Business
Administration in 13 C.F.R. Section 121.201.
(b) The commission shall strongly encourage each vendor with
a contract listed on a schedule developed under this subchapter and
who is not a historically underutilized or small business to use
historically underutilized or small businesses to sell or provide a
service under the contract. If a vendor does not make a good faith
effort to use historically underutilized and small businesses under
the contract, the commission may exclude the vendor from being
listed on a schedule developed under this subchapter.
(c) A historically underutilized business or small business
may sell or provide a service under another vendor's contract
listed on a schedule developed under this subchapter if:
(1) the contract is on a schedule developed under
Section 2155.502;
(2) the vendor for the contract authorizes in writing
the historically underutilized business or small business to sell
or provide a service under that contract; and
(3) the historically underutilized business or small
business provides that written authorization to the commission.
Sec. 2155.506. REPORTING REQUIREMENTS. (a) A vendor listed
on a contract for a schedule developed under this subchapter shall
report its sales to the commission in the manner prescribed by the
commission.
(b) The commission shall compile the information reported
under Subsection (a) and include the information in its report
under Section 2101.011.
Sec. 2155.507. EXEMPTION FROM CATALOGUE PURCHASE METHOD FOR
INFORMATION SYSTEM VENDORS. Section 2157.062 does not apply to a
vendor who applies to be listed on a schedule developed under this
subchapter.
Sec. 2155.508. INTERNET AVAILABILITY. (a) The commission
shall develop a database of the multiple award contracts developed
under this subchapter and make that information available on an
Internet site. The database must have search capabilities that
allow a person to easily access the contracts.
(b) The commission shall allow vendors to apply through the
Internet site to be listed on a schedule developed under this
subchapter. The applicant shall provide an electronic mail address
to the commission as part of the application process.
(c) The department shall post appropriate information
regarding contracts developed under this subchapter to any
electronic procurement system developed under Chapter 2177. On
request by the department, the commission and any vendor with a
contract on a schedule developed under this subchapter shall
provide to the department any information necessary for posting on
the system.
Sec. 2155.509. NOTICE REGARDING PROCUREMENTS EXCEEDING
$25,000. After a purchase order has been placed, a state agency
subject to Section 2155.083 shall post, as required under that
section, a procurement made under a contract listed on a schedule
developed under this subchapter.
SECTION _____.02. Section 2155.079(a), Government Code, is
amended to read as follows:
(a) The commission shall adopt rules specifying the
circumstances under which it is advantageous for the state to allow
a state agency to purchase goods or services under a contract made
by another state agency other than the commission, including as
provided under Subchapter I.
SECTION _____.03. (a) Not later than March 1, 2002, the
General Services Commission shall develop initial schedules of
multiple award contracts under Section 2155.502, Government Code,
as added by this Article.
(b) Not later than January 1, 2002, the General Services
Commission shall adopt the rules required by Subchapter I, Chapter
2155, Government Code, as added by this Article.
(3) Renumber the remaining ARTICLES of the bill
appropriately.