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A BILL TO BE ENTITLED
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AN ACT
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relating to state agency contracts for information technology |
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commodity items and services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2157.068, Government Code, is amended by |
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adding Subsections (b-1), (j), and (k) to read as follows: |
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(b-1) Except as otherwise provided by this subsection, the |
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value of a contract for a commodity item entered into under this |
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section by a state agency, including the value of a renewal or an |
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extension of the contract, may not exceed $1 million. The |
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limitation prescribed by this subsection does not apply to a |
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department contract for the bulk purchase of commodity items |
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intended for use by more than one state agency. |
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(j) Rules adopted under Subsection (f) must require a state |
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agency entering into a contract for a commodity item under this |
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section to: |
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(1) obtain at least three competitive offers from |
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vendors selected by the department under Subsection (b) if: |
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(A) the value of the agency's contract, including |
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the value of a renewal or an extension of the contract, exceeds |
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$25,000; and |
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(B) at least three vendors selected by the |
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department under Subsection (b) offer the item; |
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(2) submit purchase orders under the contract to the |
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department for submission by the department to the vendor with |
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which the agency contracts; |
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(3) report to the department the amounts paid by the |
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agency under the contract to the vendor; and |
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(4) notwithstanding Section 441.185, retain all |
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documents relating to the contract for at least three years after |
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the date on which the contract expires. |
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(k) The department shall publish in a conspicuous place on |
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the department's Internet website the payment information reported |
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to the department under Subsection (j)(3) as well as a brief |
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description of the contract under which the payments were made. |
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SECTION 2. Subchapter B, Chapter 2157, Government Code, is |
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amended by adding Section 2157.070 to read as follows: |
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Sec. 2157.070. DELIVERABLES-BASED INFORMATION TECHNOLOGY |
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SERVICES. (a) Except as otherwise provided by this section, |
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Section 2157.068 applies to the purchase of deliverables-based |
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information technology services by a state agency. |
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(b) Notwithstanding Section 2157.068(b-1), the value of a |
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contract entered into with a vendor selected by the department |
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under Section 2157.068(b) for deliverables-based information |
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technology services may not exceed $3 million. |
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(c) Before a state agency purchases deliverables-based |
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information technology services, the agency must submit the scope |
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of work prepared for the purchase to: |
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(1) the department, for review and approval by the |
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department; and |
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(2) the Contract Advisory Team established under |
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Subchapter C, Chapter 2262, for review by the team. |
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(d) In conducting the review required under Subsection (c), |
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the department must consider whether the services to be purchased |
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under the contract are appropriate for purchase as commodity items |
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under Section 2157.068. |
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(e) An amendment to a contract for deliverables-based |
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information technology services that has the effect of increasing |
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the total value of the contract by 25 percent or more must be |
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approved by the department. The amendment must be reviewed by the |
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Contract Advisory Team established under Subchapter C, Chapter |
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2262. The department must consider the Contract Advisory Team's |
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recommendation. |
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(f) The department shall monitor payments made by a state |
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agency to a vendor selected by the department under Section |
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2157.068(b) for deliverables-based information technology services |
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to ensure compliance with the limitation prescribed by Subsection |
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(b). If a vendor is paid an amount in excess of that limitation, the |
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department shall notify the comptroller and the comptroller may not |
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authorize any expenditure in excess of that limitation. |
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(g) The quality assurance team established under Section |
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2054.158: |
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(1) shall review and monitor each state agency |
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contract for deliverables-based information technology services |
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with a value greater than $1 million; and |
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(2) may review and analyze the risk associated with a |
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particular contract for deliverables-based information technology |
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services and, based on that review, make appropriate |
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recommendations to the Legislative Budget Board. |
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SECTION 3. The change in law made by this Act applies only |
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to a contract for commodity items that is entered into on or after |
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the effective date of this Act. A contract entered into before the |
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effective date of this Act is governed by the law in effect on the |
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date the contract was entered into, and the former law is continued |
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in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |