| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the procurement process of state agencies, including |
|
|
the evaluation of and communication with vendors. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 2155.090, Government Code, is amended by |
|
|
adding Subsection (a-1) to read as follows: |
|
|
(a-1) State agency personnel, contractors, and vendors may |
|
|
share information and knowledge to achieve best value in |
|
|
procurements for the state. |
|
|
SECTION 2. Section 2155.144, Government Code, is amended by |
|
|
amending Subsection (c) and adding Subsections (j-1), (j-2), (j-3), |
|
|
and (j-4) to read as follows: |
|
|
(c) An agency to which this section applies shall acquire |
|
|
goods or services by any procurement method approved by the Health |
|
|
and Human Services Commission that provides the best value to the |
|
|
agency. The agency shall document that it considered all relevant |
|
|
factors under Subsection (d) in making the acquisition. For each |
|
|
solicitation, an agency shall document the evaluation questions and |
|
|
measures the agency uses to score the vendor's response to the |
|
|
solicitation on each factor listed in Subsection (d). If a question |
|
|
or measure is used to score more than one factor listed in |
|
|
Subsection (d), the agency shall designate each factor the question |
|
|
or measure is used to score. |
|
|
(j-1) The contract management handbook published under |
|
|
Subsection (j) must include: |
|
|
(1) instructions for ensuring that: |
|
|
(A) appropriate health and human services agency |
|
|
employees answer questions from vendors in a timely manner; and |
|
|
(B) vendors that participate or are interested in |
|
|
participating in a procurement by an agency have access to at least |
|
|
two agency employees who serve as contacts for the agency; |
|
|
(2) a model communications procedure for vendors and |
|
|
agency employees, developed in collaboration with representatives |
|
|
from vendors and state agencies, to be included in the agency's |
|
|
solicitations; |
|
|
(3) procedures for: |
|
|
(A) notifying other responsive vendors if an |
|
|
agency employee or another vendor violates the communications |
|
|
requirements for a solicitation; |
|
|
(B) determining when an agency employee or vendor |
|
|
has failed to comply with the communication provisions of a |
|
|
solicitation; and |
|
|
(C) ensuring an appropriate number of interested |
|
|
vendors are granted access to a pre-bid, pre-offer, or pre-proposal |
|
|
conference; and |
|
|
(4) instructions for ensuring that agency personnel |
|
|
who are involved in implementing a specific procurement are also |
|
|
involved in evaluating and scoring the responses submitted to the |
|
|
solicitation for the procurement. |
|
|
(j-2) For a procurement in an amount that exceeds $20 |
|
|
million, the contract management handbook published under |
|
|
Subsection (j) must require a health and human services agency to: |
|
|
(1) notify interested parties at least two months |
|
|
before the date the agency issues the solicitation for the |
|
|
procurement; |
|
|
(2) continually and timely post solicitations on the |
|
|
agency's Internet website; and |
|
|
(3) establish guidelines for considering public |
|
|
comment on solicitations, including guidelines allowing public |
|
|
comment for at least 45 days after the date the agency issues the |
|
|
solicitation. |
|
|
(j-3) A health and human services agency's solicitation |
|
|
posted under Subsection (j-2)(2) must be substantially similar to |
|
|
the final solicitation issued by the agency for the procurement. A |
|
|
health and human services agency that receives comments during the |
|
|
public comment process under Subsection (j-2)(3) that result in a |
|
|
final solicitation that substantially differs from the initial |
|
|
solicitation posted under Subsection (j-2)(2) must post on the |
|
|
agency's Internet website a statement of the differences between |
|
|
the initial and final solicitations with the corresponding comments |
|
|
that led to the modifications. |
|
|
(j-4) A vendor may notify the state auditor of agency |
|
|
noncompliance with Subsection (c) or (j-3) or an instruction, |
|
|
procedure, or requirement in the contract management handbook |
|
|
published under Subsection (j) for the purpose of audit or |
|
|
investigation. |
|
|
SECTION 3. Section 2262.051, Government Code, is amended by |
|
|
adding Subsections (i), (j), (k), and (l) to read as follows: |
|
|
(i) The guide must include: |
|
|
(1) instructions for ensuring that: |
|
|
(A) appropriate state agency employees answer |
|
|
questions from vendors in a timely manner; and |
|
|
(B) vendors that participate or are interested in |
|
|
participating in a procurement by a state agency have access to at |
|
|
least two agency employees who serve as contacts for the agency; |
|
|
(2) a model communications procedure for vendors and |
|
|
agency employees, developed in collaboration with representatives |
|
|
from vendors and state agencies, to be included in the agency's |
|
|
solicitations; and |
|
|
(3) procedures for: |
|
|
(A) notifying other responsive vendors if an |
|
|
agency employee or another vendor violates the communication |
|
|
requirements for the solicitation; |
|
|
(B) determining when an agency employee or vendor |
|
|
has failed to comply with the communication provisions of a |
|
|
solicitation; |
|
|
(C) ensuring an appropriate number of interested |
|
|
vendors are granted access to a pre-bid, pre-offer, or pre-proposal |
|
|
conference; and |
|
|
(D) establishing a question and answer process |
|
|
involving vendors and agency employees for a solicitation. |
|
|
(j) For a procurement in an amount that exceeds $20 million, |
|
|
the guide must require a state agency to: |
|
|
(1) notify interested parties at least two months |
|
|
before the date the agency issues the solicitation for the |
|
|
procurement; |
|
|
(2) continually and timely post solicitations on the |
|
|
agency's Internet website; and |
|
|
(3) establish guidelines for considering public |
|
|
comment on solicitations, including guidelines allowing public |
|
|
comment for at least 45 days after the date the agency issues the |
|
|
solicitation. |
|
|
(k) A state agency's solicitation posted under Subsection |
|
|
(j)(2) must be substantially similar to the final solicitation |
|
|
issued by the agency for the procurement. A state agency that |
|
|
receives comments during the public comment process under |
|
|
Subsection (j)(3) that result in a final solicitation that |
|
|
substantially differs from the initial solicitation posted under |
|
|
Subsection (j)(2) must post on the agency's Internet website a |
|
|
statement of the differences between the initial and final |
|
|
solicitations with the corresponding comments that led to the |
|
|
modifications. |
|
|
(l) A vendor may notify the state auditor of agency |
|
|
noncompliance with Subsection (k) or an instruction, procedure, or |
|
|
requirement in the guide for the purpose of audit or investigation. |
|
|
SECTION 4. As soon as practicable after the effective date |
|
|
of this Act, the comptroller of public accounts shall adopt the |
|
|
rules and update the contract management handbook and contract |
|
|
management guide as necessary to implement the changes in law made |
|
|
by this Act. |
|
|
SECTION 5. The changes in law made by this Act apply only to |
|
|
a contract for which a state agency first advertises or otherwise |
|
|
solicits offers, bids, proposals, qualifications, or other |
|
|
applicable expressions of interest on or after the effective date |
|
|
of this Act. A contract for which a state agency first advertises |
|
|
or otherwise solicits offers, bids, proposals, qualifications, or |
|
|
other applicable expressions of interest before the effective date |
|
|
of this Act is governed by the law as it existed immediately before |
|
|
the effective date of this Act, and that law is continued in effect |
|
|
for that purpose. |
|
|
SECTION 6. This Act takes effect September 1, 2021. |