Texas 2017 - 85th Regular

Texas House Bill HB3598 Compare Versions

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

Old	New	Differences
1	1	85R13137 AAF-F
2	2	By: Capriglione H.B. No. 3598
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the contract management guide for state agencies.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 2262.005, Government Code, is amended to
10	10	read as follows:
11	11	Sec. 2262.005. CONSULTATION WITH INTERESTED PARTIES [STATE
12	12	AGENCIES]. The comptroller shall consult with state agencies,
13	13	vendors, and other interested parties in developing rules, forms,
14	14	contract terms, guides, manuals, and criteria required under this
15	15	chapter.
16	16	SECTION 2. Section 2262.051, Government Code, is amended by
17	17	amending Subsections (a), (b), (c), (d), and (g) and adding
18	18	Subsections (i) and (j) to read as follows:
19	19	(a) In consultation with the attorney general, the
20	20	Department of Information Resources, the [comptroller, and the]
21	21	state auditor, and state agencies that award major contracts, the
22	22	comptroller [commission] shall develop and [or] periodically
23	23	update a contract management guide for use by state
24	24	agencies. Participation by the state auditor under this
25	25	subsection is subject to approval by the legislative audit
26	26	committee for inclusion in the audit plan under Section 321.013(c).
27	27	(b) The comptroller [commission] may adopt rules necessary
28	28	to develop or update the guide.
29	29	(c) The guide must provide information regarding the
30	30	primary duties of a contract manager, including how to:
31	31	(1) develop and negotiate a contract;
32	32	(2) select a contractor; [and]
33	33	(3) monitor contractor and subcontractor performance
34	34	under a contract; and
35	35	(4) encourage competition for goods and services
36	36	purchased by this state.
37	37	(d) The guide must include model provisions for state agency
38	38	contracts. The guide must:
39	39	(1) distinguish between essential provisions that a
40	40	state agency must include in a contract to protect the interests of
41	41	this state and recommended provisions that a state agency may
42	42	include in a contract;
43	43	(2) recognize the unique contracting needs of an
44	44	individual state agency or program based on the size, nature, and
45	45	type of goods or services purchased by the state agency or program
46	46	and provide sufficient flexibility to accommodate those needs,
47	47	consistent with protecting the interests of this state;
48	48	(3) include maximum contract periods under which a new
49	49	competitive solicitation is not necessary; and
50	50	(4) include the model contract management process
51	51	developed under Section 2262.104 and recommendations on the
52	52	appropriate use of the model.
53	53	(g) The guide must establish procedures under which a state
54	54	agency is required to:
55	55	(1) analyze the reasons [solicit explanations from
56	56	qualified potential respondents who did not respond to] a
57	57	competitive solicitation for a contract received fewer than two
58	58	qualified bids; and
59	59	(2) develop and implement improved procurement
60	60	practices, including:
61	61	(A) providing earlier notice to prospective
62	62	vendors of the state agency's intent to issue a competitive
63	63	solicitation;
64	64	(B) expanding the time in which a prospective
65	65	vendor may respond to a competitive solicitation;
66	66	(C) improving up-front communication between a
67	67	state agency and a prospective vendor about the state agency's
68	68	needs and objectives; and
69	69	(D) improving educational efforts by the state
70	70	agency to understand vendor capabilities, skills, and benefits [on
71	71	which fewer than two qualified bids were received by the agency].
72	72	(i) The guide must suggest best practices related to
73	73	procurement metrics used by a state agency to measure and monitor
74	74	the effectiveness of the state agency's procurement methods,
75	75	including the:
76	76	(1) number and value of procurements made by the state
77	77	agency;
78	78	(2) number of canceled procurements by the state
79	79	agency;
80	80	(3) reasons for canceled procurements;
81	81	(4) common exceptions to the state agency's terms and
82	82	conditions by a respondent;
83	83	(5) number of responses per competitive solicitation;
84	84	and
85	85	(6) average length of time for each phase of the state
86	86	agency's procurement processes, including the length of time:
87	87	(A) between the date the state agency issues the
88	88	competitive solicitation and the date the state agency begins
89	89	receiving responses to the solicitation;
90	90	(B) for the evaluation of responses to a
91	91	competitive solicitation;
92	92	(C) of the negotiation between the state agency
93	93	and a vendor; and
94	94	(D) between the date the state agency issues the
95	95	competitive solicitation and the date the state agency awards a
96	96	contract to a vendor.
97	97	(j) The guide may include references to procurement
98	98	maturity models and procurement readiness assessments used by other
99	99	large public and private enterprises.
100	100	SECTION 3. This Act takes effect September 1, 2017.