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A BILL TO BE ENTITLED
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AN ACT
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relating to state agency procurement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2155.002, Government Code, is amended to |
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read as follows: |
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Sec. 2155.002. COMPTROLLER [COMMISSION] FOCUS ON LARGE |
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EXPENDITURES. To the extent possible, the comptroller [commission] |
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shall focus [its efforts under this chapter and Chapters 2156,
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2157, and 2158] on purchases and contracts that involve relatively |
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large amounts of money or that leverage state spending in the most |
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efficient manner. |
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SECTION 2. Section 2155.064, Government Code, is amended to |
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read as follows: |
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Sec. 2155.064. LEVERAGED [SCHEDULE AND BULK] PURCHASING. |
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To the greatest extent possible, the comptroller shall pursue |
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statewide contracts and attempt to leverage state spending to |
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achieve cost savings for this state. [The commission may combine
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orders in a system of schedule purchasing and shall attempt to
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benefit from bulk purchasing.] |
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SECTION 3. Section 2155.072, Government Code, is amended to |
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read as follows: |
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Sec. 2155.072. STATEWIDE OR REGIONAL SERVICES CONTRACTS; |
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COMPTROLLER [COMMISSION] STUDIES. Each state fiscal year, the |
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comptroller [(a) The commission annually] shall consider one or |
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more services purchased by one or more state agencies for |
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development into statewide contracts. The comptroller shall |
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determine if a particular service may be leveraged for multiple |
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state agencies at a cost savings to this state compared to the cost |
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to this state of purchasing the service under individual state |
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agency contracts [select for study at least one service that is
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purchased by one or more state agencies]. The comptroller |
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[commission] shall consider awarding statewide contracts by region |
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[study a selected service to determine whether the state would
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benefit if the service were provided to appropriate state agencies
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under a regional or statewide contract. The commission shall give
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priority to studying services for which the commission has
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delegated the purchasing function to many state agencies]. |
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[(b)
The commission is not required to enter into a
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statewide or regional contract for the provision of a service to
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state agencies if more than five bidders are willing to provide the
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service to the state under a statewide or regional contract.] |
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SECTION 4. Section 2155.074, Government Code, is amended to |
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read as follows: |
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Sec. 2155.074. PROCUREMENT MANUAL; BEST VALUE AND SOURCING |
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STANDARDS [STANDARD] FOR PURCHASE OF GOODS OR SERVICES. (a) The |
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comptroller shall publish and maintain a procurement manual for |
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state agencies to follow that incorporates the sourcing standards |
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of this section and the best practices for procurement. Before |
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publication, the procurement manual must be reviewed by the |
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contract advisory team established under Chapter 2262. Each state |
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agency shall comply with the procurement manual in its procurement |
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activities. |
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(b) For a purchase of goods and services under this chapter, |
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each state agency, including the comptroller [commission], shall |
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purchase goods and services that provide the best value for the |
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state. |
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(c) [(b)] In determining the best value for the state, the |
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purchase price and whether the goods or services meet |
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specifications are the most important considerations. However, the |
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comptroller [commission] or other state agency may, subject to |
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Subsection (d) [(c)] and Section 2155.075, consider other relevant |
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factors, including: |
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(1) installation costs; |
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(2) life cycle costs; |
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(3) the quality and reliability of the goods and |
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services; |
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(4) the delivery terms; |
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(5) indicators of probable vendor performance under |
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the contract such as past vendor performance, the vendor's |
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financial resources and ability to perform, the vendor's experience |
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or demonstrated capability and responsibility, and the vendor's |
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ability to provide reliable maintenance agreements and support; |
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(6) the cost of any employee training associated with |
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a purchase; |
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(7) the effect of a purchase on agency productivity; |
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(8) the vendor's anticipated economic impact to the |
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state or a subdivision of the state, including potential tax |
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revenue and employment; and |
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(9) other factors relevant to determining the best |
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value for the state in the context of a particular purchase. |
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(d) [(c)] A state agency shall consult with and receive |
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approval from the comptroller [commission] before considering |
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factors other than price and meeting specifications when the agency |
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procures through competitive bidding goods or services with a value |
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that exceeds $100,000. |
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(e) The comptroller shall: |
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(1) identify commercially available goods and |
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services needed or used by state agencies; and |
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(2) analyze and determine whether the goods and |
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services are better provided through a statewide contract. |
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(f) If the comptroller determines that a good or service |
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identified under Subsection (e) is better provided through a |
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statewide contract, the comptroller may require state agencies to |
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engage in any process, including competitive bidding, developed by |
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the comptroller to develop and award one or more statewide |
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contracts for the good or service. |
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SECTION 5. Section 2155.083(n), Government Code, is amended |
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to read as follows: |
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(n) Notwithstanding any other provision of this section, a |
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state agency that conducts covert law enforcement operations is not |
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required to post the specifications for covert equipment in the |
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state business daily. [This section does not apply to a state agency
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to which Section 51.9335 or 73.115, Education Code, applies.] |
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SECTION 6. Subchapter B, Chapter 2155, Government Code, is |
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amended by adding Section 2155.088 to read as follows: |
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Sec. 2155.088. PROCUREMENT PLANS FOR GOODS AND SERVICES. |
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(a) Not later than June 1 of each odd-numbered year, each state |
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agency shall provide a procurement plan to the comptroller that |
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identifies the major goods and services the agency plans to |
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purchase during the next fiscal biennium. |
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(b) The comptroller shall use the procurement plans to |
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schedule solicitations for proposals for goods and services used by |
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multiple state agencies. |
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(c) A state agency that makes a substantive change to its |
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procurement plan shall submit a revised copy of the plan to the |
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comptroller not later than the 30th day after the date of the |
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change. |
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(d) The comptroller may adopt rules to administer this |
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section. |
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SECTION 7. Section 2155.131, Government Code, is amended to |
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read as follows: |
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Sec. 2155.131. DELEGATION OF AUTHORITY TO STATE AGENCIES. |
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(a) The comptroller [commission] may delegate purchasing functions |
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to a state agency. |
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(b) In delegating purchasing authority under this section |
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or Section 2155.132, the comptroller shall consider factors |
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relevant to a state agency's ability to perform purchasing |
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functions, including: |
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(1) the purchasing capabilities of the agency's |
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purchasing personnel and the existence of automated purchasing |
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tools at the agency; |
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(2) the certification levels held by the agency's |
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purchasing personnel; |
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(3) the results of the comptroller's procurement |
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review audits of an agency's purchasing practices; and |
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(4) whether the agency has adopted and published as |
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part of its purchasing rules protest procedures consistent with the |
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comptroller's protest procedures. |
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(c) The comptroller shall monitor the purchasing practices |
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of each state agency that the comptroller delegates purchasing |
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authority to under Subsection (b) or Section 2155.132 to ensure |
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that the certification levels of the agency's purchasing personnel |
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and the quality of the agency's purchasing practices continue to |
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warrant the delegated purchasing authority. The comptroller may |
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revoke for any cause, including the agency's failure to comply with |
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Section 2155.074, all or part of the delegated purchasing |
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authority. The comptroller shall adopt rules to administer this |
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subsection. |
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(d) The comptroller by rule shall prescribe: |
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(1) the procedures a state agency must follow in |
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making a delegated purchase; and |
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(2) the procedures by which a state agency may use the |
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comptroller's services for delegated purchases under Section |
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2155.082. |
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SECTION 8. Section 2155.132, Government Code, is amended to |
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read as follows: |
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Sec. 2155.132. PURCHASES LESS THAN SPECIFIED MONETARY |
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AMOUNT. (a) A state agency is delegated the authority to purchase |
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goods and services if the purchase does not exceed $15,000. If the |
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comptroller [commission] determines that a state agency has not |
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followed the comptroller's [commission's] rules or the laws related |
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to the delegated purchases, the comptroller [commission] shall |
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report the comptroller's [its] determination to the members of the |
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state agency's governing body and to the governor, lieutenant |
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governor, speaker of the house of representatives, and Legislative |
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Budget Board. |
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(b) The comptroller [commission] by rule may delegate to a |
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state agency the authority to purchase goods and services if the |
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purchase exceeds $15,000. [In delegating purchasing authority
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under this subsection or Section 2155.131, the commission shall
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consider factors relevant to a state agency's ability to perform
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purchasing functions, including:
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[(1)
the capabilities of the agency's purchasing staff
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and the existence of automated purchasing tools at the agency;
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[(2)
the certification levels held by the agency's
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purchasing personnel;
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[(3)
the results of the commission's procurement
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review audits of an agency's purchasing practices; and
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[(4)
whether the agency has adopted and published
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protest procedures consistent with those of the commission as part
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of its purchasing rules.] |
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(c) [The commission shall monitor the purchasing practices
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of state agencies that are making delegated purchases under
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Subsection (b) or Section 2155.131 to ensure that the certification
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levels of the agency's purchasing personnel and the quality of the
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agency's purchasing practices continue to warrant the amount of
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delegated authority provided by the commission to the agency. The
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commission may revoke for cause all or part of the purchasing
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authority that the commission delegated to a state agency. The
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commission shall adopt rules to administer this subsection.
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[(d) The commission by rule:
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[(1)
shall prescribe procedures for a delegated
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purchase; and
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[(2)
shall prescribe procedures by which agencies may
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use the commission's services for delegated purchases, in
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accordance with Section 2155.082.
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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 $5,000; and |
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(2) is made under a written contract. |
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(d) [(f)] Goods purchased under this section may not |
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include: |
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(1) an item for which a statewide contract has been |
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awarded by the comptroller [under the contract purchase procedure], |
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unless the quantity purchased is less than any [the] minimum |
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quantity specified in the contract; |
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(2) an item required by statute to be purchased from a |
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particular source, including through the program administered |
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under Chapter 122, Human Resources Code, or from the Texas |
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Correctional Industries under Chapter 497; or |
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(3) a scheduled item that has been designated for |
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purchase by the comptroller [commission]. |
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(e) [(g)] A large purchase may not be divided into small lot |
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purchases to circumvent [meet] the dollar limits prescribed by this |
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section. The comptroller [commission] may not require that |
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unrelated purchases be combined into one purchase order to exceed |
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the dollar limits prescribed by this section. |
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(f) [(h)] A state agency making a purchase under this |
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section for which competitive bidding is required shall [must]: |
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(1) [attempt to] obtain at least three competitive |
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bids from: |
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(A) sources listed on the master bidders list |
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that normally offer for sale the goods being purchased; or |
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(B) if three vendors are not available on the |
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master bidders list, vendors in the applicable industry; and |
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(2) comply with Subchapter E. |
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SECTION 9. Subchapter C, Chapter 2155, Government Code, is |
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amended by adding Section 2155.1325 to read as follows: |
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Sec. 2155.1325. STANDARDS FOR DELEGATED PURCHASES. (a) A |
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state agency that is preparing a solicitation for proposals for a |
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purchase of goods or services with a purchase price that exceeds |
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$100,000 that is delegated under this chapter or other law shall |
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submit to the comptroller a copy of the draft solicitation with a |
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statement of the procurement strategy for the purchase. |
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(b) The comptroller may review the draft solicitation and |
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procurement strategy to determine whether the state agency is |
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following the best value and sourcing standards of Section 2155.074 |
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to the greatest extent possible. The comptroller may: |
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(1) recommend changes to the draft solicitation or |
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procurement strategy, provided the written recommended changes are |
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submitted to the state agency not later than the 30th day after the |
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date the comptroller receives the draft solicitation and |
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procurement strategy from the state agency; |
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(2) partner with the state agency to ensure the |
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standards of this chapter are followed; |
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(3) partner with the state agency to award a statewide |
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contract that results from the solicitation; or |
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(4) require the state agency to engage a consultant to |
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assist with the solicitation to be paid from the cost savings |
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realized under the contract, as authorized by Section 2155.082. |
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(c) A state agency that receives the comptroller's |
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recommended changes under Subsection (b)(1) shall: |
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(1) accept the recommended changes; or |
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(2) submit alternative suggestions to the comptroller |
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for review in accordance with this section. |
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(d) The comptroller may adopt rules to administer this |
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section. |
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SECTION 10. The following sections of the Government Code |
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are repealed: |
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(1) Section 2155.086; |
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(2) Section 2155.087; |
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(3) Section 2155.138; |
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(4) Section 2155.141; and |
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(5) Section 2156.002. |
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SECTION 11. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2013. |