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A BILL TO BE ENTITLED
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AN ACT
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relating to state contracting issues, including the duties of the |
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comptroller, quality assurance team, and Contract Advisory Team. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2054.158, Government Code, is amended to |
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read as follows: |
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Sec. 2054.158. QUALITY ASSURANCE TEAM; DUTIES. (a) The |
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state auditor, Legislative Budget Board, and department shall: |
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(1) create a quality assurance team to perform the |
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duties specified in this chapter and other law; and |
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(2) specify in writing the responsibilities of the |
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state auditor, Legislative Budget Board, and department in |
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performing the duties. |
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(b) The quality assurance team shall: |
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(1) develop and recommend policies and procedures to |
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improve state agency contract management practices; |
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(2) develop and recommend procedures to improve |
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value-based decision making in state agency contracting practices; |
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and |
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(3) monitor state agencies to determine whether the |
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agencies are meeting the needs of the persons to whom the agencies |
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provide services. |
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SECTION 2. Subchapter B, Chapter 2155, Government Code, is |
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amended by adding Sections 2155.088 and 2155.089 to read as |
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follows: |
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Sec. 2155.088. REPORTING VENDOR PERFORMANCE. (a) After a |
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contract is completed or otherwise terminated, each state agency |
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shall review the vendor's performance under the contract. |
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(b) The state agency shall report to the comptroller, using |
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the tracking system described by Section 2155.089, on the results |
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of the review regarding a vendor's performance under a contract. |
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Sec. 2155.089. VENDOR PERFORMANCE TRACKING SYSTEM. (a) |
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The comptroller shall evaluate a vendor's performance based on the |
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information reported under Section 2155.088 and criteria |
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established by the comptroller. |
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(b) The comptroller shall establish an evaluation process |
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that allows vendors who receive an unfavorable performance review |
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to protest any classification given by the comptroller. |
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(c) The comptroller shall include the performance reviews |
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in a vendor performance tracking system. |
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(d) A state agency shall use the vendor performance tracking |
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system to determine whether to award a contract to a vendor reviewed |
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in the database. |
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(e) The comptroller shall make the vendor performance |
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tracking system accessible to the public on the comptroller's |
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Internet website. |
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SECTION 3. Section 2155.132(e), Government Code, is amended |
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to read as follows: |
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(e) Competitive bidding, whether formal or informal, is |
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required for a purchase by a state agency if the purchase: |
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(1) exceeds $25,000 [$5,000]; and |
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(2) is made under a written contract. |
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SECTION 4. Section 2262.051(d), Government Code, is amended |
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to read as follows: |
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(d) The guide must include model provisions for state agency |
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contracts. The guide must: |
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(1) distinguish between essential provisions that a |
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state agency must include in a contract to protect the interests of |
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this state and recommended provisions that a state agency may |
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include in a contract; |
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(2) recognize the unique contracting needs of an |
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individual state agency or program and provide sufficient |
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flexibility to accommodate those needs, consistent with protecting |
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the interests of this state; [and] |
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(3) include maximum contract periods under which a new |
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competitive solicitation is not necessary; and |
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(4) include the model contract management process |
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developed under Section 2262.104 and recommendations on the |
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appropriate use of the model. |
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SECTION 5. 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 Team |
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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 by |
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the state auditor, including those made under Section 2262.052(b), |
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regarding a state agency's compliance with the contract management |
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guide; [and] |
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(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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(4) developing and recommending policies and |
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procedures to improve state agency contract management practices; |
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(5) developing and recommending procedures to improve |
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value-based decision making in state agency contracting practices; |
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and |
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(6) monitoring state agencies to determine whether the |
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agencies are meeting the needs of the persons to whom the agencies |
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provide services. |
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SECTION 6. Subchapter C, Chapter 2262, Government Code, is |
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amended by adding Section 2262.104 to read as follows: |
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Sec. 2262.104. LOW-RISK CONTRACTS. The Contract Advisory |
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Team shall identify the types of procurements that pose a low risk |
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of loss to the state and develop a model contract management process |
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for use with those procurements. |
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SECTION 7. The change in law made by this Act applies only |
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to a solicitation of bids or proposals or other similar expression |
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of interest made on or after the effective date of this Act. A |
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solicitation of bids or proposals or other similar expression of |
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interest made before the effective date of this Act is governed by |
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the law in effect on the date the solicitation or other similar |
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expression of interest is made, and the former law is continued in |
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effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2013. |