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A BILL TO BE ENTITLED
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AN ACT
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relating to the contract management guide for state agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2262.005, Government Code, is amended to |
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read as follows: |
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Sec. 2262.005. CONSULTATION WITH INTERESTED PARTIES [STATE
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AGENCIES]. The comptroller shall consult with state agencies, |
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vendors, and other interested parties in developing rules, forms, |
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contract terms, guides, manuals, and criteria required under this |
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chapter. |
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SECTION 2. Section 2262.051, Government Code, is amended by |
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amending Subsections (a), (b), (c), (d), and (g) and adding |
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Subsections (i) and (j) to read as follows: |
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(a) In consultation with the attorney general, the |
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Department of Information Resources, the [comptroller, and the] |
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state auditor, and state agencies that award major contracts, the |
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comptroller [commission] shall develop and [or] periodically |
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update a contract management guide for use by state |
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agencies. Participation by the state auditor under this |
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subsection is subject to approval by the legislative audit |
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committee for inclusion in the audit plan under Section 321.013(c). |
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(b) The comptroller [commission] may adopt rules necessary |
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to develop or update the guide. |
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(c) The guide must provide information regarding the |
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primary duties of a contract manager, including how to: |
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(1) develop and negotiate a contract; |
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(2) select a contractor; [and] |
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(3) monitor contractor and subcontractor performance |
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under a contract; and |
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(4) encourage competition for goods and services |
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purchased by this state. |
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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 based on the size, nature, and |
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type of goods or services purchased by the state agency or program |
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and provide sufficient flexibility to accommodate those needs, |
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consistent with protecting the interests of this state; |
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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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(g) The guide must establish procedures under which a state |
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agency is required to: |
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(1) analyze the reasons [solicit explanations from
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qualified potential respondents who did not respond to] a |
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competitive solicitation for a contract received fewer than two |
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qualified bids; and |
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(2) develop and implement improved procurement |
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practices, including: |
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(A) providing earlier notice to prospective |
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vendors of the state agency's intent to issue a competitive |
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solicitation; |
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(B) expanding the time in which a prospective |
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vendor may respond to a competitive solicitation; |
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(C) improving up-front communication between a |
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state agency and a prospective vendor about the state agency's |
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needs and objectives; and |
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(D) improving educational efforts by the state |
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agency to understand vendor capabilities, skills, and benefits [on
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which fewer than two qualified bids were received by the agency]. |
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(i) The guide must suggest best practices related to |
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procurement metrics used by a state agency to measure and monitor |
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the effectiveness of the state agency's procurement methods, |
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including the: |
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(1) number and value of procurements made by the state |
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agency; |
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(2) number of canceled procurements by the state |
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agency; |
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(3) reasons for canceled procurements; |
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(4) common exceptions to the state agency's terms and |
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conditions by a respondent; |
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(5) number of responses per competitive solicitation; |
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and |
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(6) average length of time for each phase of the state |
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agency's procurement processes, including the length of time: |
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(A) between the date the state agency issues the |
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competitive solicitation and the date the state agency begins |
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receiving responses to the solicitation; |
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(B) for the evaluation of responses to a |
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competitive solicitation; |
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(C) of the negotiation between the state agency |
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and a vendor; and |
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(D) between the date the state agency issues the |
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competitive solicitation and the date the state agency awards a |
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contract to a vendor. |
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(j) The guide may include references to procurement |
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maturity models and procurement readiness assessments used by other |
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large public and private enterprises. |
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SECTION 3. This Act takes effect September 1, 2017. |