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A BILL TO BE ENTITLED
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AN ACT
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relating to purchasing standards for state agencies and |
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institutions of higher education, including standards for |
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contracting with historically underutilized businesses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2155.074(b), Government Code, is amended |
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to read as follows: |
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(b) In determining the best value for the state, the |
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purchase price and whether the goods or services meet |
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specifications are the most important considerations. However, the |
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comptroller or other state agency may, subject to Subsection (c) |
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and Section 2155.075, consider other relevant factors, including: |
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(1) installation costs; |
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(2) life cycle costs; |
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(3) the quality and reliability of the goods and |
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services; |
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(4) the delivery terms; |
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(5) indicators of probable vendor performance under |
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the contract such as past vendor performance, the vendor's |
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financial resources and ability to perform, the vendor's experience |
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or demonstrated capability and responsibility, and the vendor's |
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ability to provide reliable maintenance agreements and support; |
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(6) the cost of any employee training associated with |
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a purchase; |
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(7) the effect of a purchase on agency productivity; |
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(8) the vendor's anticipated economic impact to the |
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state or a subdivision of the state, including potential tax |
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revenue and employment; [and] |
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(9) any effort beyond the minimally required good |
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faith effort to include historically underutilized businesses in |
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the contract; and |
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(10) other factors relevant to determining the best |
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value for the state in the context of a particular purchase. |
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SECTION 2. Section 2161.065, Government Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) Participation in the program may be used as a component |
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of an outreach plan to promote inclusivity of historically |
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underutilized businesses beyond the minimally required good faith |
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effort. |
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SECTION 3. Section 51.9335(b), Education Code, is amended |
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to read as follows: |
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(b) In determining what is the best value to an institution |
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of higher education, the institution shall consider: |
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(1) the purchase price; |
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(2) the reputation of the vendor and of the vendor's |
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goods or services; |
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(3) the quality of the vendor's goods or services; |
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(4) the extent to which the goods or services meet the |
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institution's needs; |
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(5) [the vendor's past relationship with the |
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institution; |
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[(6)] the impact on the ability of the institution to |
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comply with laws and rules relating to historically underutilized |
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businesses and to the procurement of goods and services from |
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persons with disabilities; |
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(6) any effort beyond the minimally required good |
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faith effort to include historically underutilized businesses in |
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the contract; |
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(7) the total long-term cost to the institution of |
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acquiring the vendor's goods or services; |
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(8) any other relevant factor that a private business |
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entity would consider in selecting a vendor; and |
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(9) the use of material in construction or repair to |
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real property that is not proprietary to a single vendor unless the |
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institution provides written justification in the request for bids |
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for use of the unique material specified. |
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SECTION 4. This Act takes effect September 1, 2021. |