87R8638 MWC-F
By: Campos H.B. No. 2122
A BILL TO BE ENTITLED
AN ACT
relating to purchasing standards for state agencies and
institutions of higher education, including standards for
contracting with historically underutilized businesses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2155.074(b), Government Code, is amended
to read as follows:
(b) In determining the best value for the state, the
purchase price and whether the goods or services meet
specifications are the most important considerations. However, the
comptroller or other state agency may, subject to Subsection (c)
and Section 2155.075, consider other relevant factors, including:
(1) installation costs;
(2) life cycle costs;
(3) the quality and reliability of the goods and
services;
(4) the delivery terms;
(5) indicators of probable vendor performance under
the contract such as past vendor performance, the vendor's
financial resources and ability to perform, the vendor's experience
or demonstrated capability and responsibility, and the vendor's
ability to provide reliable maintenance agreements and support;
(6) the cost of any employee training associated with
a purchase;
(7) the effect of a purchase on agency productivity;
(8) the vendor's anticipated economic impact to the
state or a subdivision of the state, including potential tax
revenue and employment; [and]
(9) any effort beyond the minimally required good
faith effort to include historically underutilized businesses in
the contract; and
(10) other factors relevant to determining the best
value for the state in the context of a particular purchase.
SECTION 2. Section 2161.065, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) Participation in the program may be used as a component
of an outreach plan to promote inclusivity of historically
underutilized businesses beyond the minimally required good faith
effort.
SECTION 3. Section 51.9335(b), Education Code, is amended
to read as follows:
(b) In determining what is the best value to an institution
of higher education, the institution shall consider:
(1) the purchase price;
(2) the reputation of the vendor and of the vendor's
goods or services;
(3) the quality of the vendor's goods or services;
(4) the extent to which the goods or services meet the
institution's needs;
(5) [the vendor's past relationship with the
institution;
[(6)] the impact on the ability of the institution to
comply with laws and rules relating to historically underutilized
businesses and to the procurement of goods and services from
persons with disabilities;
(6) any effort beyond the minimally required good
faith effort to include historically underutilized businesses in
the contract;
(7) the total long-term cost to the institution of
acquiring the vendor's goods or services;
(8) any other relevant factor that a private business
entity would consider in selecting a vendor; and
(9) the use of material in construction or repair to
real property that is not proprietary to a single vendor unless the
institution provides written justification in the request for bids
for use of the unique material specified.
SECTION 4. This Act takes effect September 1, 2021.