85R13137 AAF-F
By: Capriglione H.B. No. 3598
A BILL TO BE ENTITLED
AN ACT
relating to the contract management guide for state agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2262.005, Government Code, is amended to
read as follows:
Sec. 2262.005. CONSULTATION WITH INTERESTED PARTIES [STATE
AGENCIES]. The comptroller shall consult with state agencies,
vendors, and other interested parties in developing rules, forms,
contract terms, guides, manuals, and criteria required under this
chapter.
SECTION 2. Section 2262.051, Government Code, is amended by
amending Subsections (a), (b), (c), (d), and (g) and adding
Subsections (i) and (j) to read as follows:
(a) In consultation with the attorney general, the
Department of Information Resources, the [comptroller, and the]
state auditor, and state agencies that award major contracts, the
comptroller [commission] shall develop and [or] periodically
update a contract management guide for use by state
agencies. Participation by the state auditor under this
subsection is subject to approval by the legislative audit
committee for inclusion in the audit plan under Section 321.013(c).
(b) The comptroller [commission] may adopt rules necessary
to develop or update the guide.
(c) The guide must provide information regarding the
primary duties of a contract manager, including how to:
(1) develop and negotiate a contract;
(2) select a contractor; [and]
(3) monitor contractor and subcontractor performance
under a contract; and
(4) encourage competition for goods and services
purchased by this state.
(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 based on the size, nature, and
type of goods or services purchased by the state agency or program
and provide sufficient flexibility to accommodate those needs,
consistent with protecting the interests of this state;
(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.
(g) The guide must establish procedures under which a state
agency is required to:
(1) analyze the reasons [solicit explanations from
qualified potential respondents who did not respond to] a
competitive solicitation for a contract received fewer than two
qualified bids; and
(2) develop and implement improved procurement
practices, including:
(A) providing earlier notice to prospective
vendors of the state agency's intent to issue a competitive
solicitation;
(B) expanding the time in which a prospective
vendor may respond to a competitive solicitation;
(C) improving up-front communication between a
state agency and a prospective vendor about the state agency's
needs and objectives; and
(D) improving educational efforts by the state
agency to understand vendor capabilities, skills, and benefits [on
which fewer than two qualified bids were received by the agency].
(i) The guide must suggest best practices related to
procurement metrics used by a state agency to measure and monitor
the effectiveness of the state agency's procurement methods,
including the:
(1) number and value of procurements made by the state
agency;
(2) number of canceled procurements by the state
agency;
(3) reasons for canceled procurements;
(4) common exceptions to the state agency's terms and
conditions by a respondent;
(5) number of responses per competitive solicitation;
and
(6) average length of time for each phase of the state
agency's procurement processes, including the length of time:
(A) between the date the state agency issues the
competitive solicitation and the date the state agency begins
receiving responses to the solicitation;
(B) for the evaluation of responses to a
competitive solicitation;
(C) of the negotiation between the state agency
and a vendor; and
(D) between the date the state agency issues the
competitive solicitation and the date the state agency awards a
contract to a vendor.
(j) The guide may include references to procurement
maturity models and procurement readiness assessments used by other
large public and private enterprises.
SECTION 3. This Act takes effect September 1, 2017.