Texas 2013 - 83rd Regular

Texas Senate Bill SB1679 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Zaffirini S.B. No. 1679
2	2	(In the Senate - Filed March 8, 2013; March 25, 2013, read
3	3	first time and referred to Committee on Government Organization;
4	4	April 8, 2013, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 7, Nays 0; April 8, 2013,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 1679 By: Garcia
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to state agency procurement.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 2155.002, Government Code, is amended to
15	15	read as follows:
16	16	Sec. 2155.002. COMPTROLLER [COMMISSION] FOCUS ON LARGE
17	17	EXPENDITURES. To the extent possible, the comptroller [commission]
18	18	shall focus [its efforts under this chapter and Chapters 2156,
19	19	2157, and 2158] on purchases and contracts that involve relatively
20	20	large amounts of money or that leverage state spending in the most
21	21	efficient manner.
22	22	SECTION 2. Section 2155.064, Government Code, is amended to
23	23	read as follows:
24	24	Sec. 2155.064. LEVERAGED [SCHEDULE AND BULK] PURCHASING.
25	25	To the greatest extent possible, the comptroller shall pursue
26	26	statewide contracts and attempt to leverage state spending to
27	27	achieve cost savings for this state. [The commission may combine
28	28	orders in a system of schedule purchasing and shall attempt to
29	29	benefit from bulk purchasing.]
30	30	SECTION 3. Section 2155.072, Government Code, is amended to
31	31	read as follows:
32	32	Sec. 2155.072. STATEWIDE OR REGIONAL GOODS OR SERVICES
33	33	CONTRACTS; COMPTROLLER [COMMISSION] STUDIES. Each state fiscal
34	34	year, the comptroller [(a) The commission annually] shall consider
35	35	one or more goods or services purchased by one or more state
36	36	agencies for development into statewide contracts. The comptroller
37	37	shall determine if a particular good or service may be leveraged for
38	38	multiple state agencies at a cost savings to this state compared to
39	39	the cost to this state of purchasing the good or service under
40	40	individual state agency contracts [select for study at least one
41	41	service that is purchased by one or more state agencies]. The
42	42	comptroller [commission] shall consider awarding statewide
43	43	contracts by region [study a selected service to determine whether
44	44	the state would benefit if the service were provided to appropriate
45	45	state agencies under a regional or statewide contract. The
46	46	commission shall give priority to studying services for which the
47	47	commission has delegated the purchasing function to many state
48	48	agencies].
49	49	[(b) The commission is not required to enter into a
50	50	statewide or regional contract for the provision of a service to
51	51	state agencies if more than five bidders are willing to provide the
52	52	service to the state under a statewide or regional contract.]
53	53	SECTION 4. Section 2155.074, Government Code, is amended to
54	54	read as follows:
55	55	Sec. 2155.074. PROCUREMENT MANUAL; BEST VALUE AND SOURCING
56	56	STANDARDS [STANDARD] FOR PURCHASE OF GOODS OR SERVICES. (a) The
57	57	comptroller shall publish and maintain a procurement manual for
58	58	state agencies to follow that incorporates the sourcing standards
59	59	of this section and the best practices for procurement. Before
60	60	publication, the procurement manual must be reviewed by the
61	61	Contract Advisory Team established under Chapter 2262. Each state
62	62	agency shall comply with the procurement manual in its procurement
63	63	activities.
64	64	(b) For a purchase of goods and services under this chapter,
65	65	each state agency, including the comptroller [commission], shall
66	66	purchase goods and services that provide the best value for the
67	67	state.
68	68	(c) [(b)] In determining the best value for the state, the
69	69	purchase price and whether the goods or services meet
70	70	specifications are the most important considerations. However, the
71	71	comptroller [commission] or other state agency may, subject to
72	72	Subsection (d) [(c)] and Section 2155.075, consider other relevant
73	73	factors, including:
74	74	(1) installation costs;
75	75	(2) life cycle costs;
76	76	(3) the quality and reliability of the goods and
77	77	services;
78	78	(4) the delivery terms;
79	79	(5) indicators of probable vendor performance under
80	80	the contract such as past vendor performance, the vendor's
81	81	financial resources and ability to perform, the vendor's experience
82	82	or demonstrated capability and responsibility, and the vendor's
83	83	ability to provide reliable maintenance agreements and support;
84	84	(6) the cost of any employee training associated with
85	85	a purchase;
86	86	(7) the effect of a purchase on agency productivity;
87	87	(8) the vendor's anticipated economic impact to the
88	88	state or a subdivision of the state, including potential tax
89	89	revenue and employment; and
90	90	(9) other factors relevant to determining the best
91	91	value for the state in the context of a particular purchase.
92	92	(d) [(c)] A state agency shall:
93	93	(1) consult with and receive approval from the
94	94	comptroller [commission] before considering factors other than
95	95	price and meeting specifications when the agency procures through
96	96	competitive bidding goods or services with a value that exceeds
97	97	$100,000; and
98	98	(2) maintain in its records a written explanation of
99	99	the reasons other factors are more important than price and meeting
100	100	specifications in the procurement of the goods or services.
101	101	(e) The comptroller shall:
102	102	(1) identify commercially available goods and
103	103	services needed or used by state agencies; and
104	104	(2) analyze and determine whether the goods and
105	105	services are better provided through a statewide contract.
106	106	(f) If the comptroller determines that a good or service
107	107	identified under Subsection (e) is better provided through a
108	108	statewide contract, the comptroller may partner with state agencies
109	109	to implement any process, including competitive bidding, developed
110	110	by the comptroller to award one or more statewide contracts for the
111	111	good or service.
112	112	SECTION 5. Subsection (n), Section 2155.083, Government
113	113	Code, is amended to read as follows:
114	114	(n) Notwithstanding any other provision of this section, a
115	115	state agency that conducts covert law enforcement operations is not
116	116	required to post the specifications for covert equipment in the
117	117	state business daily. [This section does not apply to a state agency
118	118	to which Section 51.9335 or 73.115, Education Code, applies.]
119	119	SECTION 6. Subchapter B, Chapter 2155, Government Code, is
120	120	amended by adding Section 2155.088 to read as follows:
121	121	Sec. 2155.088. PROCUREMENT PLANS FOR GOODS AND SERVICES.
122	122	The comptroller shall partner with each state agency to facilitate
123	123	efficient communications between the agency and the comptroller on
124	124	the agency's procurement plans, including identifying the major
125	125	purchases of goods or services the agency has planned for each
126	126	fiscal biennium.
127	127	SECTION 7. Section 2155.131, Government Code, is amended to
128	128	read as follows:
129	129	Sec. 2155.131. DELEGATION OF AUTHORITY TO STATE AGENCIES.
130	130	(a) The comptroller [commission] may delegate purchasing
131	131	functions to a state agency.
132	132	(b) In delegating purchasing authority under this section
133	133	or Section 2155.132, the comptroller shall consider factors
134	134	relevant to a state agency's ability to perform purchasing
135	135	functions, including:
136	136	(1) the purchasing capabilities of the agency's
137	137	purchasing personnel and the existence of automated purchasing
138	138	tools at the agency;
139	139	(2) the certification levels held by the agency's
140	140	purchasing personnel;
141	141	(3) the results of the comptroller's procurement
142	142	review audits of an agency's purchasing practices; and
143	143	(4) whether the agency has adopted and published as
144	144	part of its purchasing rules protest procedures consistent with the
145	145	comptroller's protest procedures.
146	146	(c) The comptroller shall monitor the purchasing practices
147	147	of each state agency that the comptroller delegates purchasing
148	148	authority to under Subsection (b) or Section 2155.132 to ensure
149	149	that the certification levels of the agency's purchasing personnel
150	150	and the quality of the agency's purchasing practices continue to
151	151	warrant the delegated purchasing authority. The comptroller may
152	152	revoke for any cause, including the agency's failure to comply with
153	153	Section 2155.074, all or part of the delegated purchasing
154	154	authority. The comptroller shall adopt rules to administer this
155	155	subsection.
156	156	(d) The comptroller by rule shall develop best practices
157	157	for:
158	158	(1) the procedures a state agency must follow in
159	159	making a delegated purchase; and
160	160	(2) the procedures by which a state agency may use the
161	161	comptroller's services for delegated purchases under Section
162	162	2155.082.
163	163	(e) The comptroller on request of a state agency shall
164	164	provide assistance to the agency for a delegated purchase.
165	165	SECTION 8. Section 2155.132, Government Code, is amended to
166	166	read as follows:
167	167	Sec. 2155.132. PURCHASES LESS THAN SPECIFIED MONETARY
168	168	AMOUNT. (a) A state agency is delegated the authority to purchase
169	169	goods and services if the purchase does not exceed $15,000. If the
170	170	comptroller [commission] determines that a state agency has not
171	171	followed the comptroller's [commission's] rules or the laws related
172	172	to the delegated purchases, the comptroller [commission] shall
173	173	report the comptroller's [its] determination to the members of the
174	174	state agency's governing body and to the governor, lieutenant
175	175	governor, speaker of the house of representatives, and Legislative
176	176	Budget Board.
177	177	(b) The comptroller [commission] by rule may delegate to a
178	178	state agency the authority to purchase goods and services if the
179	179	purchase exceeds $15,000. [In delegating purchasing authority
180	180	under this subsection or Section 2155.131, the commission shall
181	181	consider factors relevant to a state agency's ability to perform
182	182	purchasing functions, including:
183	183	[(1) the capabilities of the agency's purchasing staff
184	184	and the existence of automated purchasing tools at the agency;
185	185	[(2) the certification levels held by the agency's
186	186	purchasing personnel;
187	187	[(3) the results of the commission's procurement
188	188	review audits of an agency's purchasing practices; and
189	189	[(4) whether the agency has adopted and published
190	190	protest procedures consistent with those of the commission as part
191	191	of its purchasing rules.]
192	192	(c) [The commission shall monitor the purchasing practices
193	193	of state agencies that are making delegated purchases under
194	194	Subsection (b) or Section 2155.131 to ensure that the certification
195	195	levels of the agency's purchasing personnel and the quality of the
196	196	agency's purchasing practices continue to warrant the amount of
197	197	delegated authority provided by the commission to the agency. The
198	198	commission may revoke for cause all or part of the purchasing
199	199	authority that the commission delegated to a state agency. The
200	200	commission shall adopt rules to administer this subsection.
201	201	[(d) The commission by rule:
202	202	[(1) shall prescribe procedures for a delegated
203	203	purchase; and
204	204	[(2) shall prescribe procedures by which agencies may
205	205	use the commission's services for delegated purchases, in
206	206	accordance with Section 2155.082.
207	207	[(e)] Competitive bidding, whether formal or informal, is
208	208	required for a purchase by a state agency if the purchase:
209	209	(1) exceeds $5,000; and
210	210	(2) is made under a written contract.
211	211	(d) [(f)] Goods purchased under this section may not
212	212	include:
213	213	(1) an item for which a statewide contract has been
214	214	awarded by the comptroller [under the contract purchase procedure],
215	215	unless the quantity purchased is less than any [the] minimum
216	216	quantity specified in the contract;
217	217	(2) an item required by statute to be purchased from a
218	218	particular source, including through the program administered
219	219	under Chapter 122, Human Resources Code, or from the Texas
220	220	Correctional Industries under Chapter 497; or
221	221	(3) a scheduled item that has been designated for
222	222	purchase by the comptroller [commission].
223	223	(e) [(g)] A large purchase may not be divided into small lot
224	224	purchases to circumvent [meet] the dollar limits prescribed by this
225	225	section. The comptroller [commission] may not require that
226	226	unrelated purchases be combined into one purchase order to exceed
227	227	the dollar limits prescribed by this section.
228	228	(f) [(h)] A state agency making a purchase under this
229	229	section for which competitive bidding is required shall [must]:
230	230	(1) attempt to obtain at least three competitive bids
231	231	from:
232	232	(A) sources listed on the master bidders list
233	233	that normally offer for sale the goods being purchased; or
234	234	(B) if three vendors are not available on the
235	235	master bidders list, vendors in the applicable industry; and
236	236	(2) comply with Subchapter E.
237	237	SECTION 9. Subchapter C, Chapter 2155, Government Code, is
238	238	amended by adding Section 2155.1325 to read as follows:
239	239	Sec. 2155.1325. STANDARDS FOR DELEGATED PURCHASES. (a) A
240	240	state agency that is preparing a solicitation for proposals for a
241	241	purchase of goods or services with a purchase price that exceeds
242	242	$100,000 that is delegated under this chapter or other law shall
243	243	submit to the comptroller a copy of the draft solicitation with a
244	244	statement of the procurement strategy for the purchase.
245	245	(b) The comptroller may review the draft solicitation and
246	246	procurement strategy to determine whether the state agency is
247	247	following the best value and sourcing standards of Section 2155.074
248	248	to the greatest extent possible. The comptroller may:
249	249	(1) recommend changes to the draft solicitation or
250	250	procurement strategy, provided the written recommended changes are
251	251	submitted to the state agency not later than the fifth day after the
252	252	date the comptroller receives the draft solicitation and
253	253	procurement strategy from the state agency;
254	254	(2) partner with the state agency to ensure the
255	255	standards of this chapter are followed;
256	256	(3) partner with the state agency to award a statewide
257	257	contract that results from the solicitation; or
258	258	(4) assist the state agency in engaging professional
259	259	services or a consultant, as authorized by Section 2155.082, to
260	260	assist with the solicitation and to be paid from the cost savings
261	261	realized under the contract.
262	262	(c) A state agency that receives the comptroller's
263	263	recommended changes under Subsection (b)(1) shall:
264	264	(1) accept the recommended changes; or
265	265	(2) submit alternative suggestions to the comptroller
266	266	for review in accordance with this section.
267	267	(d) The comptroller may adopt rules to administer this
268	268	section.
269	269	SECTION 10. The following sections of the Government Code
270	270	are repealed:
271	271	(1) Section 2155.086;
272	272	(2) Section 2155.087;
273	273	(3) Section 2155.141; and
274	274	(4) Section 2156.002.
275	275	SECTION 11. This Act takes effect immediately if it
276	276	receives a vote of two-thirds of all the members elected to each
277	277	house, as provided by Section 39, Article III, Texas Constitution.
278	278	If this Act does not receive the vote necessary for immediate
279	279	effect, this Act takes effect September 1, 2013.
280	280	* * * * *