By: Miles S.B. No. 300
(In the Senate - Filed January 4, 2019; February 7, 2019,
read first time and referred to Committee on Intergovernmental
Relations; April 1, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
April 1, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 300 By: Menéndez
A BILL TO BE ENTITLED
AN ACT
relating to indefinite quantity contracts for the provision of
certain services to declared disaster areas following a natural
disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2254.004(a), Government Code, is amended
to read as follows:
(a) In procuring architectural, engineering, or land
surveying services, including procuring those services under an
indefinite quantity contract under Section 31.069, Natural
Resources Code, a governmental entity shall:
(1) first select the most highly qualified provider of
those services on the basis of demonstrated competence and
qualifications; and
(2) then attempt to negotiate with that provider a
contract at a fair and reasonable price.
SECTION 2. Subchapter C, Chapter 31, Natural Resources
Code, is amended by adding Section 31.069 to read as follows:
Sec. 31.069. INDEFINITE QUANTITY CONTRACTS FOR SERVICES
AFTER DECLARED NATURAL DISASTER. (a) The land office shall enter
into indefinite quantity contracts with vendors to provide
information management services, construction services, including
engineering construction services, and other services the land
office determines may be necessary to construct, repair, or rebuild
property or infrastructure in the event of a natural disaster.
(b) A contract entered into under Subsection (a) may not
expire after May 1 of a calendar year. The terms of a contract under
Subsection (a) must:
(1) provide that the contract is contingent on:
(A) the availability of funds;
(B) the occurrence of a natural disaster not
later than 48 months after the effective date of the contract; and
(C) delivery of the services to an area of this
state declared by the governor or president of the United States
under law to be a disaster area as a result of the natural disaster;
and
(2) have a term of four years.
(c) The land office shall ensure that it has contracts in
place under this section with vendors to provide the services
described by Subsection (a) that take effect immediately on the
expiration of a contract under this section.
(d) A contract under this section may be funded by multiple
sources including local, state, and federal agencies and the
disaster contingency fund established under Section 418.073,
Government Code.
(e) If the land office determines that federal funds may be
used for a contract under Subsection (a), the land office shall
ensure that the contract complies with the requirements of the
Federal Acquisition Regulation (48 C.F.R. Chapter 1), or a
successor regulation.
(f) In awarding a contract under this section, the land
office shall consider and apply any applicable state law and rules
of the land office relating to contracting with historically
underutilized businesses.
(g) If on September 1, 2019, the land office has indefinite
quantity contracts with vendors for the provision of the types of
services specified by Subsection (a), the land office is not
required to enter into new indefinite quantity contracts that meet
the requirements of this section until those existing contracts
expire. This subsection expires September 1, 2023.
SECTION 3. Except as provided by Section 31.069(g), Natural
Resources Code, as added by this Act, the General Land Office shall
enter into indefinite quantity contracts required by Section
31.069, Natural Resources Code, as added by this Act, not later than
May 1, 2020.
SECTION 4. This Act takes effect September 1, 2019.
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