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AN ACT
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relating to state agency purchasing methods and procedures, |
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including a state agency multiple award contract purchasing |
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procedure. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 2156, Government Code, is |
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amended by adding Section 2156.0013 to read as follows: |
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Sec. 2156.0013. PROFESSIONAL SERVICES. This chapter does |
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not apply to a contract for professional services, as that term is |
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defined by Section 2254.002. |
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SECTION 2. Chapter 2156, Government Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. MULTIPLE AWARD PURCHASING PROCEDURE |
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Sec. 2156.201. DEFINITIONS. In this subchapter: |
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(1) "Multiple award" means the award of a multiple |
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award contract to more than one vendor by the comptroller or a state |
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agency with the intent to order from the vendors who are awarded the |
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contract all of the solicited goods or services necessary to |
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satisfy the actual solicitation requirements for the contract. |
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(2) "Multiple award contract" has the meaning assigned |
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by Section 2155.501. |
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Sec. 2156.202. USE OF MULTIPLE AWARD PURCHASING PROCEDURE. |
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(a) The comptroller or a state agency may use the multiple award |
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purchasing procedure described by this subchapter to award a |
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contract to more than one vendor for the purchase of similar goods |
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or services as necessary to ensure adequate delivery, service, or |
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product compatibility. |
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(b) The comptroller or a state agency shall prepare a |
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written determination stating the comptroller's or agency's reasons |
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for using the multiple award purchasing procedure to purchase the |
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goods or services under a multiple award contract and retain the |
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determination in the multiple award contract file. |
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Sec. 2156.203. REQUIRED DISCLOSURE OF INTENT AND CRITERIA |
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IN MULTIPLE AWARD SOLICITATION. The comptroller or a state agency |
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shall disclose in the solicitation for a multiple award contract |
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the comptroller's or agency's: |
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(1) intent to use the multiple award purchasing |
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procedure; and |
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(2) criteria for an award under that procedure. |
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Sec. 2156.204. SOLICITATION, EVALUATION, AND AWARD. (a) |
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The comptroller or a state agency shall solicit, evaluate, and |
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award a multiple award contract in accordance with: |
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(1) Subchapter A; |
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(2) Subchapter C; or |
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(3) the request for offers method prescribed by |
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comptroller rules adopted under Section 2157.006. |
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(b) Each contractor must provide, or be capable of |
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providing, the best value to the state. |
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Sec. 2156.205. ORDERING. (a) The comptroller or a state |
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agency shall place each order under a multiple award contract in a |
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manner that provides the best value to the state in accordance with |
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standards provided in Chapters 2155, 2156, 2157, and 2158. If |
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necessary to determine the best value to the state, the comptroller |
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or agency may conduct a secondary solicitation competition among |
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the vendors awarded a multiple award contract before placing the |
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order. |
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(b) The comptroller or a state agency shall document the |
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method used for determining the best value to the state under a |
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multiple award contract and retain the documentation in the |
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contract file. |
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SECTION 3. This Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4748 was passed by the House on May |
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16, 2025, by the following vote: Yeas 121, Nays 4, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4748 was passed by the Senate on May |
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27, 2025, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |