Texas 2021 - 87th Regular

Texas Senate Bill SB1026 Compare Versions

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

Old	New	Differences
1	1	87R8638 MWC-F
2	2	By: West S.B. No. 1026
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to purchasing standards for state agencies and
8	8	institutions of higher education, including standards for
9	9	contracting with historically underutilized businesses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 2155.074(b), Government Code, is amended
12	12	to read as follows:
13	13	(b) In determining the best value for the state, the
14	14	purchase price and whether the goods or services meet
15	15	specifications are the most important considerations. However, the
16	16	comptroller or other state agency may, subject to Subsection (c)
17	17	and Section 2155.075, consider other relevant factors, including:
18	18	(1) installation costs;
19	19	(2) life cycle costs;
20	20	(3) the quality and reliability of the goods and
21	21	services;
22	22	(4) the delivery terms;
23	23	(5) indicators of probable vendor performance under
24	24	the contract such as past vendor performance, the vendor's
25	25	financial resources and ability to perform, the vendor's experience
26	26	or demonstrated capability and responsibility, and the vendor's
27	27	ability to provide reliable maintenance agreements and support;
28	28	(6) the cost of any employee training associated with
29	29	a purchase;
30	30	(7) the effect of a purchase on agency productivity;
31	31	(8) the vendor's anticipated economic impact to the
32	32	state or a subdivision of the state, including potential tax
33	33	revenue and employment; [and]
34	34	(9) any effort beyond the minimally required good
35	35	faith effort to include historically underutilized businesses in
36	36	the contract; and
37	37	(10) other factors relevant to determining the best
38	38	value for the state in the context of a particular purchase.
39	39	SECTION 2. Section 2161.065, Government Code, is amended by
40	40	adding Subsection (c) to read as follows:
41	41	(c) Participation in the program may be used as a component
42	42	of an outreach plan to promote inclusivity of historically
43	43	underutilized businesses beyond the minimally required good faith
44	44	effort.
45	45	SECTION 3. Section 51.9335(b), Education Code, is amended
46	46	to read as follows:
47	47	(b) In determining what is the best value to an institution
48	48	of higher education, the institution shall consider:
49	49	(1) the purchase price;
50	50	(2) the reputation of the vendor and of the vendor's
51	51	goods or services;
52	52	(3) the quality of the vendor's goods or services;
53	53	(4) the extent to which the goods or services meet the
54	54	institution's needs;
55	55	(5) [the vendor's past relationship with the
56	56	institution;
57	57	[(6)] the impact on the ability of the institution to
58	58	comply with laws and rules relating to historically underutilized
59	59	businesses and to the procurement of goods and services from
60	60	persons with disabilities;
61	61	(6) any effort beyond the minimally required good
62	62	faith effort to include historically underutilized businesses in
63	63	the contract;
64	64	(7) the total long-term cost to the institution of
65	65	acquiring the vendor's goods or services;
66	66	(8) any other relevant factor that a private business
67	67	entity would consider in selecting a vendor; and
68	68	(9) the use of material in construction or repair to
69	69	real property that is not proprietary to a single vendor unless the
70	70	institution provides written justification in the request for bids
71	71	for use of the unique material specified.
72	72	SECTION 4. This Act takes effect September 1, 2021.