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A BILL TO BE ENTITLED
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AN ACT
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relating to indefinite quantity contracts for the provision of |
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certain services to declared disaster areas following a natural |
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disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2254.004(a), Government Code, is amended |
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to read as follows: |
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(a) In procuring architectural, engineering, or land |
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surveying services, including procuring those services under an |
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indefinite quantity contract under Section 31.069, Natural |
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Resources Code, a governmental entity shall: |
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(1) first select the most highly qualified provider of |
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those services on the basis of demonstrated competence and |
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qualifications; and |
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(2) then attempt to negotiate with that provider a |
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contract at a fair and reasonable price. |
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SECTION 2. Subchapter C, Chapter 31, Natural Resources |
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Code, is amended by adding Section 31.069 to read as follows: |
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Sec. 31.069. INDEFINITE QUANTITY CONTRACTS FOR SERVICES |
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AFTER DECLARED NATURAL DISASTER. (a) The land office shall enter |
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into indefinite quantity contracts with vendors to provide |
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information management services, construction services, including |
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engineering construction services, and other services the land |
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office determines may be necessary to construct, repair, or rebuild |
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property or infrastructure in the event of a natural disaster. |
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(b) A contract entered into under Subsection (a) may not |
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expire after May 1 of a calendar year. The terms of a contract under |
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Subsection (a) must: |
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(1) provide that the contract is contingent on: |
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(A) the availability of funds; |
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(B) the occurrence of a natural disaster not |
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later than 48 months after the effective date of the contract; and |
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(C) delivery of the services to an area of this |
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state declared by the governor or president of the United States |
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under law to be a disaster area as a result of the natural disaster; |
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and |
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(2) have a term of four years. |
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(c) The land office shall ensure that it has contracts in |
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place under this section with vendors to provide the services |
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described by Subsection (a) that take effect immediately on the |
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expiration of a contract under this section. |
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(d) A contract under this section may be funded by multiple |
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sources including local, state, and federal agencies and the |
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disaster contingency fund established under Section 418.073, |
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Government Code. |
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(e) If the land office determines that federal funds may be |
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used for a contract under Subsection (a), the land office shall |
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ensure that the contract complies with the requirements of the |
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Federal Acquisition Regulation (48 C.F.R. Chapter 1), or a |
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successor regulation. |
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(f) In awarding a contract under this section, the land |
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office shall consider and apply any applicable state law and rules |
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of the land office relating to contracting with historically |
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underutilized businesses. |
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(g) If on September 1, 2019, the land office has indefinite |
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quantity contracts with vendors for the provision of the types of |
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services specified by Subsection (a), the land office is not |
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required to enter into new indefinite quantity contracts that meet |
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the requirements of this section until those existing contracts |
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expire. This subsection expires September 1, 2023. |
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SECTION 3. Except as provided by Section 31.069(g), Natural |
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Resources Code, as added by this Act, the General Land Office shall |
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enter into indefinite quantity contracts required by Section |
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31.069, Natural Resources Code, as added by this Act, not later than |
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May 1, 2020. |
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SECTION 4. This Act takes effect September 1, 2019. |
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