By Lucio S.B. No. 1512
77R5353 MXM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of multiple award contracts for state and local
1-3 government purchasing.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 2155, Government Code, is amended by
1-6 adding Subchapter I to read as follows:
1-7 SUBCHAPTER I. MULTIPLE AWARD CONTRACT SCHEDULE
1-8 Sec. 2155.501. DEFINITIONS. In this subchapter:
1-9 (1) "Local government" has the meaning assigned by
1-10 Section 271.101, Local Government Code.
1-11 (2) "Multiple award contract" means an award of a
1-12 contract for an indefinite amount of one or more similar goods or
1-13 services from a vendor.
1-14 (3) "Schedule" means a list of multiple award
1-15 contracts.
1-16 Sec. 2155.502. DEVELOPMENT OF MULTIPLE AWARD CONTRACT
1-17 SCHEDULE. (a) The commission shall develop a schedule of multiple
1-18 award contracts that have been previously competitively bid and
1-19 administered by:
1-20 (1) the commission;
1-21 (2) a state agency other than the commission;
1-22 (3) the federal government, including the federal
1-23 General Services Administration; or
1-24 (4) any other governmental entity in any state.
2-1 (b) In developing the schedule under Subsection (a), the
2-2 commission may modify any contractual terms, with the agreement of
2-3 the parties to the contract, as necessary to comply with any
2-4 federal or state requirements, including rules adopted under this
2-5 subchapter.
2-6 (c) The commission may not list a multiple award contract on
2-7 a schedule developed under this section if the goods or services
2-8 provided by that contract are available from only one vendor.
2-9 Sec. 2155.503. RULES. (a) The commission and the Department
2-10 of Information Resources shall adopt rules to implement this
2-11 subchapter. The rules must:
2-12 (1) establish standard terms for contracts listed on a
2-13 schedule; and
2-14 (2) maintain consistency with existing purchasing
2-15 standards.
2-16 (b) The commission and the Department of Information
2-17 Resources shall consult with the attorney general and the
2-18 comptroller in developing rules under this section.
2-19 Sec. 2155.504. USE OF SCHEDULE BY GOVERNMENTAL ENTITIES. (a)
2-20 A state agency or local government may purchase goods or services
2-21 directly from a vendor under a contract listed on a schedule
2-22 developed under this subchapter, including goods or services
2-23 subject to Chapter 2157.
2-24 (b) The price listed for a good or service under a multiple
2-25 award contract is a maximum price. An agency or local government
2-26 may negotiate a lower price for goods or services under a contract
2-27 listed on a schedule developed under this subchapter.
3-1 (c) The commission by rule shall limit the number of goods
3-2 or services that an agency or local government may order in a
3-3 single purchase under this section.
3-4 Sec. 2155.505. HISTORICALLY UNDERUTILIZED AND SMALL
3-5 BUSINESSES. (a) In this section, "historically underutilized
3-6 business" has the meaning assigned by Section 2161.001.
3-7 (b) The commission by rule may establish size standards that
3-8 a business may not exceed if it is to be considered a small
3-9 business under this section.
3-10 (c) A historically underutilized business or small business
3-11 may sell or provide a service for a contract listed on a schedule
3-12 developed under this subchapter if:
3-13 (1) the contract is also on a schedule developed by
3-14 the federal General Services Administration;
3-15 (2) the vendor for the contract authorizes in writing
3-16 the historically underutilized business or small business to sell
3-17 or provide a service under that contract; and
3-18 (3) the historically underutilized business or small
3-19 business provides that written authorization to the commission.
3-20 Sec. 2155.506. REPORTING REQUIREMENTS. (a) A vendor listed
3-21 on a contract for a schedule developed under this subchapter shall
3-22 report its sales at least quarterly to the commission. The
3-23 commission shall prescribe the format for the reports.
3-24 (b) The commission shall compile the information reported
3-25 under Subsection (a) and include the information in its report
3-26 under Section 2101.011.
3-27 Sec. 2155.507. EXEMPTION FROM CATALOGUE PURCHASE METHOD FOR
4-1 INFORMATION SYSTEM VENDORS. Section 2157.062 does not apply to a
4-2 vendor who applies to be listed on a schedule developed under this
4-3 subchapter.
4-4 Sec. 2155.508. INTERNET AVAILABILITY. (a) The commission
4-5 shall develop a database of the multiple award contracts developed
4-6 under this subchapter and make that information available on an
4-7 Internet site. The database must have search capabilities that
4-8 allow a person to easily access the contracts.
4-9 (b) The commission shall allow vendors to apply through the
4-10 Internet site to be listed on a schedule developed under this
4-11 subchapter. The applicant shall provide an electronic mail address
4-12 to the commission as part of the application process.
4-13 Sec. 2155.509. RISK MANAGEMENT. (a) The commission by rule
4-14 shall develop procedures for limiting the risk of liability to the
4-15 state when a state agency uses a contract listed on a schedule
4-16 developed under this subchapter.
4-17 (b) A state agency may not accept increased risk under a
4-18 contract listed on a schedule developed under this subchapter
4-19 unless rules adopted by the commission under this section authorize
4-20 that increased risk.
4-21 (c) A vendor may reject an order that increases its risk
4-22 beyond that ordinarily contemplated in the vendor's multiple award
4-23 contract if the vendor makes the rejection before the vendor issues
4-24 the purchase order.
4-25 Sec. 2155.510. NOTICE REGARDING PROCUREMENTS EXCEEDING
4-26 $25,000. After a purchase order has been placed, a state agency
4-27 subject to Section 2155.083 shall post, as required under that
5-1 section, a procurement made under a contract listed on a schedule
5-2 developed under this subchapter.
5-3 SECTION 2. Section 2155.062(a), Government Code, is amended
5-4 to read as follows:
5-5 (a) The procedures that the commission may use in [In]
5-6 purchasing goods and services include [the commission may use, but
5-7 is not limited to,] the:
5-8 (1) contract purchase procedure;
5-9 (2) multiple award contract procedure, including under
5-10 any schedules developed under Subchapter I; or
5-11 (3) open market purchase procedure.
5-12 SECTION 3. Section 2155.079(a), Government Code, is amended
5-13 to read as follows:
5-14 (a) The commission shall adopt rules specifying the
5-15 circumstances under which it is advantageous for the state to allow
5-16 a state agency to purchase goods or services under a contract made
5-17 by another state agency other than the commission, including as
5-18 provided under Subchapter I.
5-19 SECTION 4. Section 2155.084, Government Code, is amended by
5-20 adding Subsection (d) to read as follows:
5-21 (d) A state agency may purchase goods or services available
5-22 under federal supply schedules of the federal General Services
5-23 Administration to the extent permitted by federal law.
5-24 SECTION 5. (a) Not later than March 1, 2002, the General
5-25 Services Commission shall develop initial schedules of multiple
5-26 award contracts under Section 2155.502, Government Code, as added
5-27 by this Act.
6-1 (b) Not later than January 1, 2002, the General Services
6-2 Commission shall adopt the rules required by Subchapter I, Chapter
6-3 2155, Government Code, as added by this Act.
6-4 SECTION 6. This Act takes effect immediately if it receives
6-5 a vote of two-thirds of all the members elected to each house, as
6-6 provided by Section 39, Article III, Texas Constitution. If this
6-7 Act does not receive the vote necessary for immediate effect, this
6-8 Act takes effect September 1, 2001.