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A BILL TO BE ENTITLED
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AN ACT
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relating to state agency contracting. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2054.1181(a), Government Code, is |
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amended to read as follows: |
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(a) At the direction of the governor, lieutenant governor, |
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or speaker of the house of representatives [The quality assurance
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team, in coordination with the governor, may recommend major
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information resources projects to the department for oversight. As
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part of this oversight], the department shall provide additional |
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oversight services for major information resources projects, |
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including risk management, quality assurance services, independent |
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project monitoring, and project management. A state agency with a |
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project selected for oversight shall pay for oversight by the |
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department and quality assurance team based on a funding model |
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developed by the department. The department may contract with a |
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vendor to provide the necessary oversight at the department's |
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direction. |
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SECTION 2. 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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comptroller, state auditor, Legislative Budget Board, and |
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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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comptroller, state auditor, Legislative Budget Board, and |
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department in performing the duties; and |
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(3) create an automated project review system. |
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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 information resources technology projects; |
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[and] |
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(2) develop and recommend procedures to improve the |
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implementation of state agency information resources technology |
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projects by including considerations for best value and return on |
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investment; and |
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(3) provide annual training for state agency |
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procurement and contract management staff on best practices and |
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methodologies for information technology contracts. |
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(c) The state auditor serves on the quality assurance team |
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as a consultant. |
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SECTION 3. Section 2054.303(a), Government Code, is amended |
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to read as follows: |
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(a) For each proposed major information resources project |
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or major contract, a state agency must prepare: |
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(1) a business case providing the initial |
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justification for the project or contract, including the |
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anticipated return on investment in terms of cost savings and |
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efficiency for the project or contract; [and] |
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(2) a statewide impact analysis of the project's or |
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contract's effect on the state's common information resources |
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infrastructure, including the possibility of reusing code or other |
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resources; and |
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(3) in consultation with the department, a technical |
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architectural assessment of the project or contract. |
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SECTION 4. Section 2054.304, Government Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) Each project delivery framework in a project plan must |
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be recognized as a best practice for major information resources |
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projects or major contracts. |
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SECTION 5. Subchapter B, Chapter 2155, Government Code, is |
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amended by adding Section 2155.090 to read as follows: |
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Sec. 2155.090. VENDOR AND EMPLOYEE INTERACTION AND |
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COMMUNICATION POLICY. (a) Each state agency shall adopt a policy |
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on the interactions and communication between employees of the |
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state agency and a vendor that contracts with the state agency or |
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seeks to conduct business with the state agency. |
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(b) This subtitle does not prohibit the exchange of |
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information between a state agency and a vendor related to future |
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solicitations or as necessary to monitor an existing contract. |
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SECTION 6. Sections 2157.068(e-1) and (e-2), Government |
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Code, are amended to read as follows: |
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(e-1) A state agency contracting to purchase a commodity |
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item shall use the list maintained as required by Subsection (e) as |
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follows: |
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(1) for a contract with a value of $50,000 or less, the |
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agency may directly award the contract to a vendor included on the |
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list without submission of a request for pricing to other vendors on |
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the list; |
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(2) for a contract with a value of more than $50,000 |
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but not more than $1 million [$150,000], the agency must submit a |
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request for pricing to at least three vendors included on the list |
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in the category to which the contract relates; and |
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(3) for a contract with a value of more than $1 million |
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[$150,000] but not more than $5 [$1] million, the agency must submit |
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a request for pricing to at least six vendors included on the list |
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in the category to which the contract relates or all vendors on the |
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schedule if the category has fewer than six vendors. |
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(e-2) A state agency may not enter into a contract to |
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purchase a commodity item if the value of the contract exceeds $5 |
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[$1] million. |
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SECTION 7. Section 2261.251, Government Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) This subchapter applies to a regional education |
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service center established under Chapter 8, Education Code. |
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SECTION 8. Section 2262.101(a), Government Code, is amended |
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to read as follows: |
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(a) The Contract Advisory Team is created to assist state |
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agencies in improving contract management practices by: |
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(1) reviewing and making recommendations on the |
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solicitation documents and contract documents for contracts of |
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state agencies that have a value of at least $5 [$10] million; |
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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; |
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(3) providing recommendations to the comptroller |
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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) providing recommendations and assistance to state |
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agency personnel throughout the contract management process; |
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(5) coordinating and consulting with the quality |
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assurance team established under Section 2054.158 on all contracts |
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relating to a major information resources project; |
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(6) developing and recommending policies and |
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procedures to improve state agency contract management practices; |
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(7) developing and recommending procedures to improve |
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state agency contracting practices by including consideration for |
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best value; and |
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(8) creating and periodically performing a risk |
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assessment to determine the appropriate level of management and |
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oversight of contracts by state agencies. |
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SECTION 9. Subchapter A, Chapter 8, Education Code, is |
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amended by adding Section 8.0091 to read as follows: |
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Sec. 8.0091. APPLICABILITY OF CERTAIN STATE CONTRACTING |
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LAWS. A regional education service center and each center employee |
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is subject to Subchapter F, Chapter 2261, Government Code. For |
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purposes of that chapter: |
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(1) the center is considered to be a state agency; and |
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(2) each center employee is considered to be a state |
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employee. |
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SECTION 10. (a) Not later than January 1, 2018, each state |
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agency shall adopt a vendor and employee interaction and |
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communication policy as required by Section 2155.090, Government |
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Code, as added by this Act. |
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(b) The changes in law made by this Act apply only in |
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relation to a contract for which a state agency first advertises or |
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otherwise solicits bids, proposals, offers, or qualifications on or |
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after the effective date of this Act. |
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SECTION 11. This Act takes effect September 1, 2017. |