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A BILL TO BE ENTITLED
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AN ACT
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Relating to multiple award of contracts with indefinite delivery |
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and indefinite quantity terms. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2156 is amended by adding Subchapter E to |
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read as follows: |
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SUBCHAPTER E. MULTIPLE AWARD PURCHASE PROCEDURE |
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Sec. 2156.200. USE OF MULTIPLE AWARD PURCHASE PROCEDURE. |
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(a) The comptroller or another state agency may use the multiple |
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award purchase procedure if awards to two or more contractors for |
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similar goods or services is necessary for adequate delivery, |
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service, or product compatibility. |
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(b) The comptroller or state agency shall make a written |
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determination stating the reasons for a multiple award and retain |
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it in the contract file. |
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Sec. 2156.201. DEFINITION. A "multiple award" is an award |
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of an indefinite quantity contract for one or more similar supplies |
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or services to more than one bidder or offeror when the comptroller |
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or other state agency intends to order all of its actual |
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requirements for the specified supplies or services from those |
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contractors. |
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Sec. 2156.202. STATEMENT OF INTENT TO MULTIPLE AWARD. (a) |
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The solicitation for a multiple award must disclose that the |
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comptroller or other state agency intends to make a multiple award. |
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(b) The solicitation shall disclose the criteria for |
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awards. |
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Sec. 2156.203. SOLICITATION, EVALUATION, AND AWARD. (a) |
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Any multiple award shall be solicited, evaluated, and awarded in |
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accordance with Subchapter A, Subchapter C, or the request for |
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offers method under Section 2157.006. |
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(b) Each contractor must provide, or be capable of |
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providing, best value to the state. |
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Sec. 2156.204. ORDERING. Orders from multiple award |
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contracts shall be placed in a way that provides best value to the |
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state in accordance with standards set forth in Chapters 2155, |
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2156, 2157, and 2158. If needed to determine best value, the state |
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agency may conduct secondary competition among the contractors on a |
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multiple award. The state agency shall document its method for |
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determining best value and retain the documentation in the contract |
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file. |
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SECTION 2. This Act takes effect September 1, 2025. |