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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of an office of state contract management |
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at the Texas Building and Procurement Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2262.002(b), Government Code, is amended |
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to read as follows: |
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(b) Except as otherwise provided by this chapter, this |
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[This] chapter does not apply to contracts of the Texas Department |
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of Transportation that: |
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(1) relate to highway construction or highway |
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engineering; or |
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(2) are subject to Section 201.112, Transportation |
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Code. |
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SECTION 2. Section 2262.101, Government Code, is amended to |
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read as follows: |
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Sec. 2262.101. CREATION; DUTIES. The Contract Advisory |
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Team is created to assist state agencies in improving contract |
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management practices by: |
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(1) [reviewing the solicitation of major contracts by
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state agencies;
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[(2)] reviewing any findings or recommendations made |
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by the state auditor, including those made under Section |
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2262.052(b), regarding a state agency's compliance with the |
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contract management guide; and |
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(2) [(3)] providing recommendations to the commission |
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regarding: |
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(A) the development of the contract management |
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guide; and |
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(B) the training under Section 2262.053. |
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SECTION 3. Chapter 2262, Government Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. STATE OFFICE OF CONTRACT MANAGEMENT |
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Sec. 2262.151. DEFINITIONS. In this subchapter: |
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(1) "High-risk contract" means a state agency contract |
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that: |
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(A) has a value of at least $10 million; or |
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(B) has a value of less than $10 million, but has |
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high-risk factors as identified by the office. |
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(2) "Major information resources project" has the |
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meaning assigned by Section 2054.003(10). |
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(3) "Office" means the state office of contract |
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management. |
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(4) "Quality assurance team" means the quality |
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assurance team established under Section 2054.158. |
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(5) "Solicitation" means a solicitation for bids, |
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offers, qualifications, proposals, or similar expressions of |
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interest for a high-risk contract. |
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Sec. 2262.152. TEXAS DEPARTMENT OF TRANSPORTATION. |
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Notwithstanding any other law, this subchapter applies to contracts |
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of the Texas Department of Transportation that: |
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(1) relate to highway construction or highway |
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engineering; or |
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(2) are subject to Section 201.112, Transportation |
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Code. |
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Sec. 2262.153. ESTABLISHMENT; GENERAL DUTIES. The |
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commission shall establish a state office of contract management |
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to: |
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(1) develop criteria for identifying high-risk |
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factors in contracts; |
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(2) review and approve an action related to a |
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high-risk contract as provided by Section 2262.154; |
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(3) provide recommendations and assistance to state |
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agency personnel throughout the contract management process; and |
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(4) coordinate and consult with the quality assurance |
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team on all high-risk contracts relating to a major information |
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resources project. |
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Sec. 2262.154. REVIEW AND APPROVAL; WAIVER. (a) Each state |
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agency must receive approval from the office before taking the |
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following actions in relation to a high-risk contract: |
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(1) publicly releasing solicitation documents; |
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(2) executing a final contract; and |
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(3) making a payment or a series of payments that equal |
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half of the contract value. |
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(b) In determining whether to approve an action described by |
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Subsection (a), the office shall review related documentation to |
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ensure that potential risks related to the high-risk contract have |
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been identified and mitigated. |
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(c) The commission by rule may adopt criteria for waiving |
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the review and approval requirements under Subsections (a) and (b). |
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Sec. 2262.155. SOLICITATION AND CONTRACT CANCELLATION. |
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After review of and comment on the matter by the Legislative Budget |
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Board and the governor, the office may recommend the cancellation |
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of a solicitation or a contract during the review process under |
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Section 2262.154 if: |
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(1) a proposed solicitation is not in the best |
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interest of the state; |
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(2) a proposed contract would place the state at an |
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unacceptable risk if executed; or |
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(3) an executed contract is experiencing performance |
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failure or payment irregularities. |
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SECTION 4. Section 2262.051(f), Government Code, is |
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repealed. |
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SECTION 5. Subchapter D, Chapter 2262, Government Code, as |
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added by this Act, applies only in relation to a contract: |
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(1) for which the solicitation of bids, offers, |
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qualifications, proposals, or similar expressions of interest is |
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published on or after September 1, 2007; |
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(2) that is extended or modified on or after September |
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1, 2007; or |
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(3) for which a change order is submitted on or after |
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September 1, 2007. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |