83R8674 MTB-D
By: Harper-Brown H.B. No. 2335
A BILL TO BE ENTITLED
AN ACT
relating to state contracting issues, including the duties of the
comptroller, quality assurance team, and Contract Advisory Team.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2054.158, Government Code, is amended to
read as follows:
Sec. 2054.158. QUALITY ASSURANCE TEAM; DUTIES. (a) The
state auditor, Legislative Budget Board, and department shall:
(1) create a quality assurance team to perform the
duties specified in this chapter and other law; and
(2) specify in writing the responsibilities of the
state auditor, Legislative Budget Board, and department in
performing the duties.
(b) The quality assurance team shall:
(1) develop and recommend policies and procedures to
improve state agency contract management practices;
(2) develop and recommend procedures to improve
value-based decision making in state agency contracting practices;
and
(3) monitor state agencies to determine whether the
agencies are meeting the needs of the persons to whom the agencies
provide services.
SECTION 2. Subchapter B, Chapter 2155, Government Code, is
amended by adding Sections 2155.088 and 2155.089 to read as
follows:
Sec. 2155.088. REPORTING VENDOR PERFORMANCE. (a) After a
contract is completed or otherwise terminated, each state agency
shall review the vendor's performance under the contract.
(b) The state agency shall report to the comptroller, using
the tracking system described by Section 2155.089, on the results
of the review regarding a vendor's performance under a contract.
Sec. 2155.089. VENDOR PERFORMANCE TRACKING SYSTEM. (a)
The comptroller shall evaluate a vendor's performance based on the
information reported under Section 2155.088 and criteria
established by the comptroller.
(b) The comptroller shall establish an evaluation process
that allows vendors who receive an unfavorable performance review
to protest any classification given by the comptroller.
(c) The comptroller shall include the performance reviews
in a vendor performance tracking system.
(d) A state agency shall use the vendor performance tracking
system to determine whether to award a contract to a vendor reviewed
in the database.
(e) The comptroller shall make the vendor performance
tracking system accessible to the public on the comptroller's
Internet website.
SECTION 3. Section 2155.132(e), Government Code, is amended
to read as follows:
(e) Competitive bidding, whether formal or informal, is
required for a purchase by a state agency if the purchase:
(1) exceeds $25,000 [$5,000]; and
(2) is made under a written contract.
SECTION 4. Section 2262.051(d), Government Code, is amended
to read as follows:
(d) The guide must include model provisions for state agency
contracts. The guide must:
(1) distinguish between essential provisions that a
state agency must include in a contract to protect the interests of
this state and recommended provisions that a state agency may
include in a contract;
(2) recognize the unique contracting needs of an
individual state agency or program and provide sufficient
flexibility to accommodate those needs, consistent with protecting
the interests of this state; [and]
(3) include maximum contract periods under which a new
competitive solicitation is not necessary; and
(4) include the model contract management process
developed under Section 2262.104 and recommendations on the
appropriate use of the model.
SECTION 5. Section 2262.101, Government Code, is amended to
read as follows:
Sec. 2262.101. CREATION; DUTIES. The Contract Advisory Team
is created to assist state agencies in improving contract
management practices by:
(1) reviewing the solicitation of major contracts by
state agencies;
(2) reviewing any findings or recommendations made by
the state auditor, including those made under Section 2262.052(b),
regarding a state agency's compliance with the contract management
guide; [and]
(3) providing recommendations to the commission
regarding:
(A) the development of the contract management
guide; and
(B) the training under Section 2262.053;
(4) developing and recommending policies and
procedures to improve state agency contract management practices;
(5) developing and recommending procedures to improve
value-based decision making in state agency contracting practices;
and
(6) monitoring state agencies to determine whether the
agencies are meeting the needs of the persons to whom the agencies
provide services.
SECTION 6. Subchapter C, Chapter 2262, Government Code, is
amended by adding Section 2262.104 to read as follows:
Sec. 2262.104. LOW-RISK CONTRACTS. The Contract Advisory
Team shall identify the types of procurements that pose a low risk
of loss to the state and develop a model contract management process
for use with those procurements.
SECTION 7. The change in law made by this Act applies only
to a solicitation of bids or proposals or other similar expression
of interest made on or after the effective date of this Act. A
solicitation of bids or proposals or other similar expression of
interest made before the effective date of this Act is governed by
the law in effect on the date the solicitation or other similar
expression of interest is made, and the former law is continued in
effect for that purpose.
SECTION 8. This Act takes effect September 1, 2013.