By: Curry H.B. No. 4748
A BILL TO BE ENTITLED
AN ACT
Relating to multiple award of contracts with indefinite delivery
and indefinite quantity terms.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2156 is amended by adding Subchapter E to
read as follows:
SUBCHAPTER E. MULTIPLE AWARD PURCHASE PROCEDURE
Sec. 2156.200. USE OF MULTIPLE AWARD PURCHASE PROCEDURE.
(a) The comptroller or another state agency may use the multiple
award purchase procedure if awards to two or more contractors for
similar goods or services is necessary for adequate delivery,
service, or product compatibility.
(b) The comptroller or state agency shall make a written
determination stating the reasons for a multiple award and retain
it in the contract file.
Sec. 2156.201. DEFINITION. A "multiple award" is an award
of an indefinite quantity contract for one or more similar supplies
or services to more than one bidder or offeror when the comptroller
or other state agency intends to order all of its actual
requirements for the specified supplies or services from those
contractors.
Sec. 2156.202. STATEMENT OF INTENT TO MULTIPLE AWARD. (a)
The solicitation for a multiple award must disclose that the
comptroller or other state agency intends to make a multiple award.
(b) The solicitation shall disclose the criteria for
awards.
Sec. 2156.203. SOLICITATION, EVALUATION, AND AWARD. (a)
Any multiple award shall be solicited, evaluated, and awarded in
accordance with Subchapter A, Subchapter C, or the request for
offers method under Section 2157.006.
(b) Each contractor must provide, or be capable of
providing, best value to the state.
Sec. 2156.204. ORDERING. Orders from multiple award
contracts shall be placed in a way that provides best value to the
state in accordance with standards set forth in Chapters 2155,
2156, 2157, and 2158. If needed to determine best value, the state
agency may conduct secondary competition among the contractors on a
multiple award. The state agency shall document its method for
determining best value and retain the documentation in the contract
file.
SECTION 2. This Act takes effect September 1, 2025.