87R9811 YDB-F
By: Raymond H.B. No. 3329
A BILL TO BE ENTITLED
AN ACT
relating to the procurement process of state agencies, including
the evaluation of and communication with vendors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2155.090, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) State agency personnel, contractors, and vendors may
share information and knowledge to achieve best value in
procurements for the state.
SECTION 2. Section 2155.144, Government Code, is amended by
amending Subsection (c) and adding Subsections (j-1), (j-2), (j-3),
and (j-4) to read as follows:
(c) An agency to which this section applies shall acquire
goods or services by any procurement method approved by the Health
and Human Services Commission that provides the best value to the
agency. The agency shall document that it considered all relevant
factors under Subsection (d) in making the acquisition. For each
solicitation, an agency shall document the evaluation questions and
measures the agency uses to score the vendor's response to the
solicitation on each factor listed in Subsection (d). If a question
or measure is used to score more than one factor listed in
Subsection (d), the agency shall designate each factor the question
or measure is used to score.
(j-1) The contract management handbook published under
Subsection (j) must include:
(1) instructions for ensuring that:
(A) appropriate health and human services agency
employees answer questions from vendors in a timely manner; and
(B) vendors that participate or are interested in
participating in a procurement by an agency have access to at least
two agency employees who serve as contacts for the agency;
(2) a model communications procedure for vendors and
agency employees, developed in collaboration with representatives
from vendors and state agencies, to be included in the agency's
solicitations;
(3) procedures for:
(A) notifying other responsive vendors if an
agency employee or another vendor violates the communications
requirements for a solicitation;
(B) determining when an agency employee or vendor
has failed to comply with the communication provisions of a
solicitation; and
(C) ensuring an appropriate number of interested
vendors are granted access to a pre-bid, pre-offer, or pre-proposal
conference; and
(4) instructions for ensuring that agency personnel
who are involved in implementing a specific procurement are also
involved in evaluating and scoring the responses submitted to the
solicitation for the procurement.
(j-2) For a procurement in an amount that exceeds $20
million, the contract management handbook published under
Subsection (j) must require a health and human services agency to:
(1) notify interested parties at least two months
before the date the agency issues the solicitation for the
procurement;
(2) continually and timely post solicitations on the
agency's Internet website; and
(3) establish guidelines for considering public
comment on solicitations, including guidelines allowing public
comment for at least 45 days after the date the agency issues the
solicitation.
(j-3) A health and human services agency's solicitation
posted under Subsection (j-2)(2) must be substantially similar to
the final solicitation issued by the agency for the procurement. A
health and human services agency that receives comments during the
public comment process under Subsection (j-2)(3) that result in a
final solicitation that substantially differs from the initial
solicitation posted under Subsection (j-2)(2) must post on the
agency's Internet website a statement of the differences between
the initial and final solicitations with the corresponding comments
that led to the modifications.
(j-4) A vendor may notify the state auditor of agency
noncompliance with Subsection (c) or (j-3) or an instruction,
procedure, or requirement in the contract management handbook
published under Subsection (j) for the purpose of audit or
investigation.
SECTION 3. Section 2262.051, Government Code, is amended by
adding Subsections (i), (j), (k), and (l) to read as follows:
(i) The guide must include:
(1) instructions for ensuring that:
(A) appropriate state agency employees answer
questions from vendors in a timely manner; and
(B) vendors that participate or are interested in
participating in a procurement by a state agency have access to at
least two agency employees who serve as contacts for the agency;
(2) a model communications procedure for vendors and
agency employees, developed in collaboration with representatives
from vendors and state agencies, to be included in the agency's
solicitations; and
(3) procedures for:
(A) notifying other responsive vendors if an
agency employee or another vendor violates the communication
requirements for the solicitation;
(B) determining when an agency employee or vendor
has failed to comply with the communication provisions of a
solicitation;
(C) ensuring an appropriate number of interested
vendors are granted access to a pre-bid, pre-offer, or pre-proposal
conference; and
(D) establishing a question and answer process
involving vendors and agency employees for a solicitation.
(j) For a procurement in an amount that exceeds $20 million,
the guide must require a state agency to:
(1) notify interested parties at least two months
before the date the agency issues the solicitation for the
procurement;
(2) continually and timely post solicitations on the
agency's Internet website; and
(3) establish guidelines for considering public
comment on solicitations, including guidelines allowing public
comment for at least 45 days after the date the agency issues the
solicitation.
(k) A state agency's solicitation posted under Subsection
(j)(2) must be substantially similar to the final solicitation
issued by the agency for the procurement. A state agency that
receives comments during the public comment process under
Subsection (j)(3) that result in a final solicitation that
substantially differs from the initial solicitation posted under
Subsection (j)(2) must post on the agency's Internet website a
statement of the differences between the initial and final
solicitations with the corresponding comments that led to the
modifications.
(l) A vendor may notify the state auditor of agency
noncompliance with Subsection (k) or an instruction, procedure, or
requirement in the guide for the purpose of audit or investigation.
SECTION 4. As soon as practicable after the effective date
of this Act, the comptroller of public accounts shall adopt the
rules and update the contract management handbook and contract
management guide as necessary to implement the changes in law made
by this Act.
SECTION 5. The changes in law made by this Act apply only to
a contract for which a state agency first advertises or otherwise
solicits offers, bids, proposals, qualifications, or other
applicable expressions of interest on or after the effective date
of this Act. A contract for which a state agency first advertises
or otherwise solicits offers, bids, proposals, qualifications, or
other applicable expressions of interest before the effective date
of this Act is governed by the law as it existed immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 6. This Act takes effect September 1, 2021.