79R8117 KLA-F
By: Shapleigh S.B. No. 1482
A BILL TO BE ENTITLED
AN ACT
relating to the acquisition of goods and services for certain state
agencies providing health and human services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2155.144(d), Government Code, is amended
to read as follows:
(d) The [Subject to Subsection (e), the] agency shall [may]
consider all relevant factors in determining the best value,
including:
(1) all costs associated with acquiring the vendor's
goods or services, including:
(A) any installation costs and any other initial
costs;
(B) costs associated with the transition to using
the vendor's goods or services if those goods or services were
previously provided by a state agency;
(C) any contract monitoring costs; and
(D) any administrative costs;
(2) the delivery terms;
(3) the quality and reliability of the vendor's goods
or services;
(4) the extent to which the goods or services meet the
agency's needs;
(5) indicators of probable vendor performance under
the contract such as past vendor performance, the vendor's
financial resources and ability to perform, the vendor's experience
and responsibility, and the vendor's ability to provide reliable
maintenance agreements;
(6) the impact on the ability of the agency to comply
with laws and rules relating to historically underutilized
businesses or relating to the procurement of goods and services
from persons with disabilities;
(7) the total long-term cost to the agency of
acquiring the vendor's goods or services, including:
(A) the cost to the agency of replacing the
vendor's goods or services if the vendor fails to fulfill the
contractual obligations; and
(B) the economic impact to local governments of
the loss of state jobs in the region as a result of the acquisition,
if applicable;
(8) the cost of any employee training associated with
the acquisition;
(9) the effect of an acquisition on agency
productivity;
(10) the acquisition price; and
(11) any other factor relevant to determining the best
value for the agency in the context of a particular acquisition.
SECTION 2. Section 2155.144(d), Government Code, as amended
by this Act, applies only to an acquisition of goods or services
made on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2005.