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A BILL TO BE ENTITLED
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AN ACT
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relating to the procurement of contracts in the state |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. relating to Section 2262.002(b), Government |
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Code, is amended 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. COLLABORATION WITH PRIVATE PROCUREMENT SPECIALIST |
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Sec. 2262.151. DEFINITIONS. In this subchapter: |
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(1) "High-cost contract" means a state agency contract |
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that has a value of at least $10 million; |
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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) "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-cost contract. |
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Sec. 2262.152. USE OF PRIVATE PROCUREMENT SPECIALIST. The |
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comptroller of public accounts shall establish rules for the |
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purchasing and procurement of contracts pursuant to the |
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requirements herein: |
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(1) Except as otherwise provided in 2262.153(c), all |
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high-cost contracts shall require the collaboration of a private |
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procurement specialist for the purposes of satisfying the |
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requirements found in 2262.153(a) and 2262.153(b); |
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(2) In assigning a private procurement specialist the |
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comptroller of public accounts and the respective state agency |
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shall take the following into account: |
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(i) a private procurement specialist's relative |
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experience and knowledge on the given subject associated with the |
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high-cost contract, and |
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(ii) any fees or costs otherwise associated in |
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securing the services of the private procurement specialist. |
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(3) review and approve an action related to a |
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high-cost contract as provided by Section 2262.153; |
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(4) provide recommendations and assistance to state |
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agency personnel throughout the contract management process; and |
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(5) coordinate and consult with the assigned private |
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procurement specialist on all high-cost contracts relating to a |
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major information resources project. |
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Sec. 2262.153. REVIEW AND APPROVAL; WAIVER. (a) Each state |
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agency must collaborate with a private procurement specialist |
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before taking the following actions in relation to a high-cost |
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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 assigned private procurement specialist and the |
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comptroller of public accounts shall review related documentation |
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to ensure that potential risks related to the high-cost contract |
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have been identified and mitigated. |
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(c) The comptroller of public accounts by rule may adopt |
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criteria for waiving the review and approval requirements under |
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Subsections (a) and (b). |
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(d) The private procurement specialist's fee is to be paid |
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by the appropriate agency out of funds appropriated. |
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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 assigned private procurement specialist |
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may recommend the cancellation of a solicitation or a contract |
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during the review process under Section 2262.153 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, 2009; |
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(2) that is extended or modified on or after September |
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1, 2009; or |
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(3) for which a change order is submitted on or after |
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September 1, 2009. |
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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, 2009. |