Texas 2023 - 88th Regular

Texas House Bill HB1418 Compare Versions

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1	1	88R4227 YDB-D
2	2	By: Capriglione H.B. No. 1418
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to state agency contracting and certain state employees
8	8	involved with the contracting.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 656.052(b), Government Code, is amended
11	11	to read as follows:
12	12	(b) The training must provide the contract manager with
13	13	information regarding how to:
14	14	(1) fairly and objectively select and negotiate with
15	15	the most qualified contractor;
16	16	(2) establish prices that are cost-effective and that
17	17	reflect the cost of providing the service;
18	18	(3) include provisions in a contract that hold the
19	19	contractor accountable for results;
20	20	(4) monitor and enforce a contract;
21	21	(5) make payments consistent with the contract;
22	22	(6) comply with any requirements or goals contained in
23	23	the contract management guide;
24	24	(7) use and apply advanced sourcing strategies,
25	25	techniques, and tools;
26	26	(8) maintain required documentation for contracting
27	27	decisions, changes to a contract, and problems with a contract;
28	28	(9) create a risk evaluation and mitigation strategy;
29	29	(10) create a plan for potential problems with the
30	30	contract;
31	31	(11) develop an accurate and comprehensive statement
32	32	of work; [and]
33	33	(12) complete the contract and evaluate performance
34	34	under the contract; and
35	35	(13) determine best value for the state through the
36	36	exercise of informed business judgment based on price and non-price
37	37	factors expected to result in best value, including the factors
38	38	described by Section 2155.074.
39	39	SECTION 2. Subchapter K, Chapter 659, Government Code, is
40	40	amended by adding Section 659.2552 to read as follows:
41	41	Sec. 659.2552. SALARY INCREASE FOR CONTRACT EVALUATORS. A
42	42	state agency may establish a procedure and requirements for
43	43	determining the eligibility for a salary increase of an agency
44	44	employee who acts as an evaluator for agency procurement in
45	45	addition to the employee's regularly assigned duties. The procedure
46	46	and requirements may authorize a salary increase only for an
47	47	employee who meets the qualifications for employment in the agency
48	48	division overseeing the implementation of the procurement.
49	49	SECTION 3. Section 2155.074, Government Code, is amended by
50	50	amending Subsections (b) and (b-1) and adding Subsection (b-2) to
51	51	read as follows:
52	52	(b) In determining the best value for the state, the
53	53	purchase price and whether the goods or services meet
54	54	specifications are principal considerations that must be balanced
55	55	with other relevant factors, including the factors described by
56	56	this section.
57	57	(b-1) For a procurement in an amount equal to $20 million or
58	58	less, the [The] comptroller or other state agency may, subject to
59	59	Subsection (c) and Section 2155.075, consider other [the following]
60	60	relevant factors [under Subsection (b)], including:
61	61	(1) required contract outcomes [installation costs];
62	62	(2) best quality for economic value of the contract
63	63	[life cycle costs];
64	64	(3) timely performance under the contract [the quality
65	65	and reliability of the goods and services];
66	66	(4) the encouragement of continued participation by
67	67	quality contractors [the delivery terms];
68	68	(5) indicators of probable vendor performance under
69	69	the contract such as past vendor performance, the vendor's
70	70	financial resources and ability to perform, the vendor's experience
71	71	or demonstrated capability and responsibility, and the vendor's
72	72	ability to provide reliable maintenance agreements and support;
73	73	(6) the impact on the agency's flexibility in
74	74	developing alternative procurement and business relationships [the
75	75	cost of any employee training associated with a purchase];
76	76	(7) the effect of a purchase on agency productivity;
77	77	(8) the vendor's anticipated economic impact to the
78	78	state or a subdivision of the state, including potential tax
79	79	revenue and employment;
80	80	(9) the impact of a purchase on the agency's
81	81	administrative resources; and
82	82	(10) other factors relevant to determining the best
83	83	value for the state in the context of a particular purchase.
84	84	(b-2) For a procurement in an amount that exceeds $20
85	85	million, the comptroller or other state agency shall, subject to
86	86	Subsection (c) and Section 2155.075, consider the factors listed in
87	87	Subsection (b-1) and the purchase price.
88	88	SECTION 4. Section 2155.144, Government Code, is amended by
89	89	adding Subsections (h-1) and (j-1) to read as follows:
90	90	(h-1) Each health and human services agency and the Health
91	91	and Human Services Commission shall ensure the agency's contract
92	92	managers complete the training developed under Section 656.052 and
93	93	comply with the requirements of Section 2262.058.
94	94	(j-1) The contract management handbook published under
95	95	Subsection (j) must include:
96	96	(1) instructions for ensuring that:
97	97	(A) health and human services agency employees
98	98	who are involved in implementing a specific procurement are also
99	99	involved in evaluating and scoring the responses submitted to the
100	100	solicitation for the procurement;
101	101	(B) appropriate health and human services agency
102	102	employees answer questions from vendors in a timely manner; and
103	103	(C) vendors that participate or are interested in
104	104	participating in a state agency procurement have access to at least
105	105	two agency employees who serve as contacts for the agency;
106	106	(2) a model communications procedure for vendors and
107	107	state agency employees, developed in collaboration with
108	108	representatives from vendors and state agencies, to use in agency
109	109	solicitations; and
110	110	(3) procedures for:
111	111	(A) notifying other responsive vendors if a state
112	112	agency employee or another vendor violates the communications
113	113	requirements for a solicitation;
114	114	(B) determining when a state agency employee or
115	115	vendor has failed to comply with the communications provisions of a
116	116	solicitation; and
117	117	(C) ensuring an appropriate number of interested
118	118	vendors are granted access to a pre-bid, pre-offer, or pre-proposal
119	119	conference.
120	120	SECTION 5. Sections 2262.051(a) and (c), Government Code,
121	121	are amended to read as follows:
122	122	(a) In consultation with the attorney general, the
123	123	Department of Information Resources, business and industry
124	124	representatives, and the state auditor, the comptroller shall
125	125	develop or periodically update a contract management guide for use
126	126	by state agencies. Participation by the state auditor under this
127	127	subsection is subject to approval by the legislative audit
128	128	committee for inclusion in the audit plan under Section 321.013(c).
129	129	(c) The guide must provide information regarding the
130	130	primary duties of a contract manager, including how to:
131	131	(1) develop and negotiate a contract;
132	132	(2) select a contractor; [and]
133	133	(3) monitor contractor and subcontractor performance
134	134	under a contract;
135	135	(4) appoint as evaluators for procurements agency
136	136	employees who serve in agency divisions overseeing the
137	137	implementation of the procurements;
138	138	(5) ensure that appropriate state agency employees
139	139	answer questions in a timely manner;
140	140	(6) develop a model communications procedure for
141	141	vendors and state agency employees to be included in the agency's
142	142	solicitations; and
143	143	(7) establish procedures for:
144	144	(A) notifying other responsive vendors if a state
145	145	agency employee or another vendor violates the communications
146	146	requirements for the solicitation;
147	147	(B) determining when a state agency employee or
148	148	vendor has failed to comply with the communications provisions of a
149	149	solicitation;
150	150	(C) ensuring an appropriate number of interested
151	151	vendors are granted access to a pre-bid, pre-offer, or pre-proposal
152	152	conference; and
153	153	(D) ensuring that state agency personnel who are
154	154	involved in implementing a specific procurement are also involved
155	155	in evaluating and scoring the responses submitted to the
156	156	solicitation for the procurement.
157	157	SECTION 6. Subchapter B, Chapter 2262, Government Code, is
158	158	amended by adding Section 2262.058 to read as follows:
159	159	Sec. 2262.058. CERTAIN CONTRACT MANAGERS. For a contract
160	160	manager who participates in the procurement of a contract with a
161	161	value of $20 million or more, the contract manager shall:
162	162	(1) participate in additional training specific to the
163	163	category of goods or services to be procured; and
164	164	(2) develop a document to be retained with the records
165	165	for the procurement that includes a written statement certified by
166	166	the contract manager that the contract manager developed and
167	167	implemented appropriate control mechanisms to ensure vendor
168	168	proposals or other expressions of interest were evaluated or scored
169	169	as outlined in the solicitation for the procurement.
170	170	SECTION 7. As soon as practicable after the effective date
171	171	of this Act, the comptroller of public accounts shall adopt the
172	172	rules and update the contract management handbook and contract
173	173	management guide as necessary to implement the changes in law made
174	174	by this Act.
175	175	SECTION 8. (a) The changes in law made by this Act apply
176	176	only to a contract for which a state agency first advertises or
177	177	otherwise solicits offers, bids, proposals, qualifications, or
178	178	other applicable expressions of interest on or after the effective
179	179	date of this Act. A contract for which a state agency first
180	180	advertises or otherwise solicits offers, bids, proposals,
181	181	qualifications, or other applicable expressions of interest before
182	182	the effective date of this Act is governed by the law as it existed
183	183	immediately before the effective date of this Act, and that law is
184	184	continued in effect for that purpose.
185	185	(b) Notwithstanding Section 656.052, Government Code, as
186	186	amended by this Act, or Section 2262.058, Government Code, as added
187	187	by this Act, a state agency employee is not required to comply with
188	188	the training requirements under those sections before March 1,
189	189	2024.
190	190	SECTION 9. If before implementing any provision of this Act
191	191	a state agency determines that a waiver or authorization from a
192	192	federal agency is necessary for implementation of that provision,
193	193	the agency affected by the provision shall request the waiver or
194	194	authorization and may delay implementing that provision until the
195	195	waiver or authorization is granted.
196	196	SECTION 10. This Act takes effect September 1, 2023.