Texas 2015 - 84th Regular

Texas House Bill HB3345 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Elkins H.B. No. 3345
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to state contracting and management, and the establishment
7	7	of a centralized purchasing, vendor management, contract audit and
8	8	transparency system for state agencies.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 2261.002, Government Code, is amended to
11	11	read as follows:
12	12	Sec. 2261.002. DEFINITIONS. In this chapter:
13	13	(1) "Contract" includes an agreement or other written
14	14	expression of terms of agreement, including an amendment, a
15	15	modification, a renewal, or an extension, for the purchase or sale
16	16	of goods or services that is entered into or paid for, wholly or
17	17	partly, by a state agency during a fiscal year and a grant, other
18	18	than a grant made to a school district or a grant made for other
19	19	academic purposes, under which the recipient of the grant is
20	20	required to perform a specific act or service, supply a specific
21	21	type of product, or both.
22	22	(2) "Contract deliverable" means a unit or increment of work
23	23	required by a contract, including goods, services, reports, or
24	24	documents.
25	25	(3) "Contract manager" means a person who:
26	26	(A) is employed by a state agency; and
27	27	(B) has significant contract management duties for the
28	28	state agency.
29	29	(4) "Executive director" means the administrative head of a
30	30	state agency.
31	31	(5) "General counsel" means the general counsel of a state
32	32	agency.
33	33	(6) "Major contract" means a contract, including a renewal
34	34	of a contract, that has a value of at least $1 million. The term
35	35	includes a service contract.
36	36	(7) "State agency" has the meaning assigned by Section
37	37	2151.002.
38	38	SECTION 2. Subchapter A, Chapter 2261, Government Code, is
39	39	amended by adding Section 2261.004 to read as follows:
40	40	Sec. 2261.004 CONTRACT GUIDELINES AND PROCEDURES. Each
41	41	state agency shall establish formal guidelines and procedures for
42	42	all employees involved in the contracting process:
43	43	(1) regarding who may approve a contract for the agency;
44	44	(2) for contract planning and solicitation;
45	45	(3) for contract negotiations;
46	46	(4) for contract management; and
47	47	(5) for contract oversight.
48	48	SECTION 3. Subchapter B, Chapter 2261, Government Code, is
49	49	amended by adding Section 2261.054 to read as follows:
50	50	Sec. 2261.054. BEST VALUE STANDARD FOR CONTRACTING FOR
51	51	GOODS AND SERVICES. In determining the best value for the state,
52	52	the purchase price and whether the goods or services meet
53	53	specifications are the most important considerations. A state
54	54	agency may consider, subject to Sections 2155.074(c) and 2155.075,
55	55	other relevant factors, including:
56	56	(1) installation costs;
57	57	(2) life cycle costs;
58	58	(3) the quality and reliability of the goods and services;
59	59	(4) the delivery terms;
60	60	(5) indicators of probable vendor performance under the
61	61	contract such as past vendor performance, the vendor's financial
62	62	resources and ability to perform, the vendor's experience or
63	63	demonstrated capability and responsibility, and the vendor's
64	64	ability to provide reliable maintenance agreements and support;
65	65	(6) the cost of any employee training associated with a
66	66	purchase;
67	67	(7) the effect of a purchase on agency productivity;
68	68	(8) the vendor's anticipated economic impact on the state
69	69	or a subdivision of the state, including potential tax revenue and
70	70	employment; and
71	71	(9) other factors relevant to determining the best value
72	72	for the state in the context of a particular purchase.
73	73	SECTION 4. The heading to Subchapter C, Chapter 2261,
74	74	Government Code, is amended to read as follows:
75	75	SUBCHAPTER C. CONTRACT FORMATION AND PROVISIONS
76	76	SECTION 5. Subchapter C, Chapter 2261, Government Code, is
77	77	amended by adding Sections 2261.103, 2261.104, 2261.105, and
78	78	2261.106 to read as follows:
79	79	Sec. 2261.103. USE OF UNIFORM FORMS. A state agency may use
80	80	any forms approved by the comptroller as templates, guides, or
81	81	samples for contracts entered into by the agency.
82	82	Sec. 2261.104. ESSENTIAL CONTRACT PROVISIONS. The
83	83	following are required provisions in each contract to which the
84	84	provisions are applicable, other than a grant:
85	85	(1) legal authority;
86	86	(2) statement of work;
87	87	(3) indemnification or damage claims;
88	88	(4) consideration;
89	89	(5) specifications;
90	90	(6) funding out clause;
91	91	(7) antitrust;
92	92	(8) payment;
93	93	(9) dispute resolution;
94	94	(10) term of contract;
95	95	(11) confidential information;
96	96	(12) abandonment or default;
97	97	(13) right to audit;
98	98	(14) force majeure;
99	99	(15) independent contractor; and
100	100	(16) termination.
101	101	Sec. 2261.105. CONTRACT PROVISIONS REQUIRED BY STATE LAW.
102	102	In any contract for the acquisition of goods or services to which a
103	103	state agency is a party, a provision required by applicable law to
104	104	be included in the contract is considered to be a part of the
105	105	executed contract without regard to whether:
106	106	(1) the provision appears on the face of the contract; or
107	107	(2) the contract includes any provision to the contrary.
108	108	Sec. 2261.106. CONTRACT RENEWAL. A state agency shall
109	109	establish a standardized process for renewing all contracts of the
110	110	agency.
111	111	SECTION 6. Subchapter D, Chapter 2261, Government Code, is
112	112	amended by adding Section 2261.152 to read as follows:
113	113	Sec. 2261.152. CONTRACT PAYMENT. (a) For each contract for
114	114	goods or services that is subject to this chapter, a state agency
115	115	shall require that payment under the contract be linked to clear and
116	116	measurable achievements, such as length of time of work or contract
117	117	deliverables.
118	118	(b) A state agency may not make a final payment on a contract
119	119	for goods or services that is subject to this chapter unless the
120	120	agency verifies that all contract deliverables have been received.
121	121	SECTION 7. Chapter 2151, Government Code, is amended by
122	122	adding Section 2151.006, Government Code, to read as follows:
123	123	Section 2151.006 CENTRALIZED AUDIT SYSTEM. (a)The
124	124	comptroller shall establish and manage a centralized purchasing,
125	125	vendor management and contract audit and transparency system to be
126	126	utilized by state agencies as defined in Sec. 2151.002(a) for the
127	127	purpose of all transactions and auditing including:
128	128	(1) contract sourcing activities, including but not
129	129	limited to competitive bidding processes;
130	130	(2) vendor registration and electronic responses;
131	131	(3) contract award recommendations;
132	132	(4) bid tabulations;
133	133	(5) contract issuance, amendments, change orders,
134	134	payments and related purchasing activity;
135	135	(6) state agency purchase history;
136	136	(7) vendor performance tracking and analysis; and
137	137	(8) vendor contract purchase history.
138	138	(b)The comptroller shall adopt rules that establish:
139	139	(1) state agency standards for all contract
140	140	activities, including contract awards,
141	141	amendments, extensions and terminations;
142	142	(2) a portal that serves as a single source of data to
143	143	be used by all state agencies responsible for
144	144	purchasing, contracting and procurement
145	145	oversight;
146	146	(3) transparency standards for all state purchasing,
147	147	contracting and procurement activities; and
148	148	(4) a vendor system maintenance fee.
149	149	SECTION 8. To the extent of any conflict, this Act prevails
150	150	over another Act of the 84th Legislature, Regular Session, 2015,
151	151	relating to nonsubstantive additions to and corrections in enacted
152	152	codes.
153	153	SECTION 9. This Act takes effect immediately if it receives
154	154	a vote of two-thirds of all the members elected to each house, as
155	155	provided by Section 39, Article III, Texas Constitution. If this
156	156	Act does not receive the vote necessary for immediate effect, this
157	157	Act takes effect September 1, 2015.