reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter I. Multiple Award Contract Schedule › Section 2155.505. Historically Underutilized and Small Businesses

Sec. 2155.505.  HISTORICALLY UNDERUTILIZED AND SMALL BUSINESSES.  (a)  In this section:
(1)  "Historically underutilized business" has the meaning assigned by Section 2161.001.
(2)  "Small business" means a small business concern as defined by regulations of the United States Small Business Administration in 13 C.F.R. Section 121.201 or a veterans service agency.
(3)  "Veterans service agency" means a community-based organization that:
(A)  is exempt from taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described in Section 501(c)(3) of that code;
(B)  has as its principal purpose to provide housing, substance abuse treatment, case management services, and employment training to low-income veterans, disabled veterans, and homeless veterans and their families; and
(C)  employs veterans to provide at least 75 percent of the hours of direct labor by individuals required to produce goods or provide services required under a contract entered into under this section.
(b)  The comptroller shall strongly encourage each vendor with a contract listed on a schedule developed under this subchapter and who is not a historically underutilized business or small business to use historically underutilized or small businesses to sell or provide a service under the contract.  If a vendor does not make a good faith effort to use historically underutilized and small businesses under the contract, the comptroller may exclude the vendor from being listed on a schedule developed under this subchapter.
(c)  A historically underutilized business or small business may sell or provide a service under another vendor's contract listed on a schedule developed under this subchapter if:
(1)  the contract is on a schedule developed under Section 2155.502;
(2)  the vendor for the contract authorizes in writing the historically underutilized business or small business to sell or provide a service under that contract; and
(3)  the historically underutilized business or small business provides that written authorization to the comptroller.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 2.01, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 604 (S.B. 327), Sec. 1, eff. June 17, 2011.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 58, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter I. Multiple Award Contract Schedule › Section 2155.506. Reporting Requirements

Sec. 2155.506.  REPORTING REQUIREMENTS.  (a)  A vendor listed on a contract for a schedule developed under this subchapter shall report its sales to the comptroller in the manner prescribed by the comptroller.
(b)  The comptroller shall compile the information reported under Subsection (a) and include the information in its report under Section 2101.011.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 2.01, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 59, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter I. Multiple Award Contract Schedule › Section 2155.508. Internet Availability

Sec. 2155.508.  INTERNET AVAILABILITY.  (a)  The comptroller shall develop a database of the multiple award contracts developed under this subchapter and make that information available on an Internet site.  The database must have search capabilities that allow a person to easily access the contracts.
(b)  The comptroller shall allow vendors to apply through the Internet site to be listed on a schedule developed under this subchapter.  The applicant shall provide an electronic mail address to the comptroller as part of the application process.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 2.01, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 393 (H.B. 1705), Sec. 3.07(1), eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 59, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter I. Multiple Award Contract Schedule › Section 2155.509. Notice Regarding Procurements Exceeding $25,000

Sec. 2155.509.  NOTICE REGARDING PROCUREMENTS EXCEEDING $25,000.  After a purchase order has been placed, a state agency subject to Section 2155.083 shall post, as required under that section, a procurement made under a contract listed on a schedule developed under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 2.01, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter I. Multiple Award Contract Schedule › Section 2155.510. Rebates

Sec. 2155.510.  REBATES.  (a)  The comptroller may collect a rebate from a vendor under a contract listed on a schedule developed under this subchapter.
(b)  The comptroller shall notify a state agency purchasing a good or service through a contract listed on a schedule developed under this subchapter of the percentage used to calculate the rebate authorized under Subsection (a).
(c)  If a purchase resulting in a rebate under this section is made in whole or in part with federal funds, the purchasing state agency shall ensure that, to the extent the purchase was made with federal funds, the appropriate portion of the rebate is reported to the appropriate federal funding agency.
Added by Acts 2003, 78th Leg., ch. 309, Sec. 7.09, eff. June 18, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 59, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 359 (S.B. 220), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter A. Contract Purchase Procedure › Section 2156.001. Contract Purchase Procedure Authorized

Sec. 2156.001.  CONTRACT PURCHASE PROCEDURE AUTHORIZED.  The comptroller may use the contract purchase procedure to purchase goods and services.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 60, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter A. Contract Purchase Procedure › Section 2156.0011. Comptroller Powers and Duties

Sec. 2156.0011.  COMPTROLLER POWERS AND DUTIES.   The comptroller has under this chapter the powers and duties described by Section 2151.004(d).
Added by Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.18, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 60, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter A. Contract Purchase Procedure › Section 2156.0012. Authority to Adopt Rules

Sec. 2156.0012.  AUTHORITY TO ADOPT RULES.  The comptroller may adopt rules to efficiently and effectively administer this chapter.  Before adopting a rule under this section, the comptroller must conduct a public hearing regarding the proposed rule regardless of whether the requirements of Section 2001.029(b) are met.
Added by Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.18, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter A. Contract Purchase Procedure › Section 2156.002. Solicitation of Bids Through Public Notice

Sec. 2156.002.  SOLICITATION OF BIDS THROUGH PUBLIC NOTICE.  (a)  A notice inviting bids shall be published at least once in at least one newspaper of general circulation in the state not later than the seventh day before the last day set for the receipt of bids.
(b)  The notice must:
(1)  include a general description of the items to be purchased;
(2)  state the location at which bid forms and specifications may be obtained;  and
(3)  state the time and place for opening bids.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter A. Contract Purchase Procedure › Section 2156.003. Solicitation of Bids Through Bidders List; Bid Invitations

Sec. 2156.003.  SOLICITATION OF BIDS THROUGH BIDDERS LIST; BID INVITATIONS.  (a)  The comptroller shall electronically maintain a bidders list.  If the comptroller determines that it is in the state's best interest, the comptroller may also maintain the list on paper.  The comptroller may add or delete names from the list according to applicable standards provided by Section 2156.007.
(b)  An invitation to bid on an item to be purchased may be sent electronically to a vendor on the bidders list who has expressed a desire to bid on that type of item.
(c)  The comptroller may use the bidders list in making a purchase by any purchase method.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 7.03, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 393 (H.B. 1705), Sec. 3.03, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter A. Contract Purchase Procedure › Section 2156.004. Bid Deposit

Sec. 2156.004.  BID DEPOSIT.  (a)  The comptroller, as considered necessary, may require a bid deposit in an amount determined by the comptroller.  The amount of the deposit, if any, must be stated in the public notice and the invitation to bid.
(b)  On the award of a bid or the rejection of all bids, the comptroller shall refund the bid deposit of an unsuccessful bidder.
(c)  The comptroller may accept from a bidder a bid deposit in the form of a blanket bond.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 785, Sec. 35, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 60, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter A. Contract Purchase Procedure › Section 2156.005. Bid Submission and Opening; Public Inspection

Sec. 2156.005.  BID SUBMISSION AND OPENING; PUBLIC INSPECTION.  (a)  A bidder must submit a sealed bid to the comptroller or to the state agency making a purchase.  The bid must be identified on the envelope as a bid.
(b)  Subsection (a) does not apply to bids submitted through the use of facsimile transmission or on-line electronic transmission.  The comptroller may adopt rules to ensure the identification, security, and confidentiality of bids submitted through the use of facsimile transmission or on-line electronic transmission.
(c)  The comptroller or other state agency making a purchase shall open bids at the time and place stated in the invitation to bid.
(d)  The comptroller shall keep a tabulation of all bids received by the comptroller available for public inspection under rules adopted by the comptroller.  State agencies making purchases shall adopt the comptroller's rules related to bid opening and tabulation.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 494, Sec. 3, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1206, Sec. 13, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 393 (H.B. 1705), Sec. 3.04, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter A. Contract Purchase Procedure › Section 2156.006. Submission of Additional Material With Bid

Sec. 2156.006.  SUBMISSION OF ADDITIONAL MATERIAL WITH BID.  (a)  A bidder as an essential element of the materiality of the bid must comply with the specified time limit for the submission of written information, samples, or models at or before the time for bid opening.
(b)  The comptroller may waive this requirement if the failure to comply is beyond the bidder's control.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 61, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter A. Contract Purchase Procedure › Section 2156.007. Contract Award

Sec. 2156.007.  CONTRACT AWARD.  (a)  The comptroller or other state agency making a purchase shall award a contract to the bidder offering the best value for the state while conforming to the specifications required.
(b)  In determining the bidder offering the best value, the comptroller or other state agency may consider the safety record of the bidder, the entity represented by the bidder, and any person acting for the represented entity only if:
(1)  the comptroller or other state agency has adopted a written definition and criteria for accurately determining the safety record of a bidder; and
(2)  the comptroller or state agency provided notice in the bid specifications to prospective bidders that a bidder's safety record may be considered in determining the bidder offering the best value for the state.
(c)  A determination of a bidder's safety record may not be arbitrary and capricious.
(d)  In determining the bidder offering the best value, in addition to price the comptroller or other state agency shall consider:
(1)  the quality and availability of the goods or contractual services and their adaptability to the use required;
(2)  the scope of conditions attached to the bid;
(3)  the bidder's ability, capacity, and skill to perform the contract or provide the service required;
(4)  the bidder's ability to perform the contract or provide the service promptly, or in the time required, without delay or interference;
(5)  the bidder's character, responsibility, integrity, and experience or demonstrated capability;
(6)  the quality of performance of previous contracts or services;
(7)  the bidder's previous and existing compliance with laws relating to the contract or service;
(8)  the bidder's previous or existing noncompliance with specification requirements relating to the time of submission of specified information, including samples, models, drawings, or certificates;
(9)  the sufficiency of the bidder's financial resources and ability to perform the contract or provide the service; and
(10)  the bidder's ability to provide future maintenance, repair parts, and service for the use of the contract's subject.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 14, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 62, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter A. Contract Purchase Procedure › Section 2156.008. Rejection of Bids

Sec. 2156.008.  REJECTION OF BIDS.  (a)  The comptroller or other state agency making the purchase shall reject a bid in which there is a material failure to comply with specification requirements.
(b)  The comptroller or other state agency may reject all bids or parts of bids if the rejection serves the state's interest.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 14, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 63, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter A. Contract Purchase Procedure › Section 2156.009. Reasons for Award

Sec. 2156.009.  REASONS FOR AWARD.  On award of a contract, the division of the comptroller responsible for purchasing or the state agency making the purchase shall prepare and file with other records relating to the transaction a statement of the reasons for making the award to the successful bidder and the factors considered in determining which bidder offered the best value for the state.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 14, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 63, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter A. Contract Purchase Procedure › Section 2156.010. Tie Bids

Sec. 2156.010.  TIE BIDS.  In the case of tie bids, the value and cost to the state being equal, a contract shall be awarded under comptroller rules.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 14, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 63, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter A. Contract Purchase Procedure › Section 2156.011. Performance Bond

Sec. 2156.011.  PERFORMANCE BOND.  (a)  The comptroller may require a performance bond before executing a contract.
(b)  The comptroller may require the bond in an amount that the comptroller finds reasonable and necessary to protect the state's interests.
(c)  Any bond required shall be issued on the condition that the bidder faithfully execute the terms of the contract.
(d)  Any bond required shall be filed with the comptroller.
(e)  Recoveries under the bond may continue until the bond is exhausted.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 64, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter B. Open Market Purchase Procedure › Section 2156.061. Use of Open Market Purchase Procedure

Sec. 2156.061.  USE OF OPEN MARKET PURCHASE PROCEDURE.  On a comptroller determination that a purchase of goods or services may be made most effectively in the open market, the comptroller may use the open market purchase procedure and the purchase may be made without newspaper advertising.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 65, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter B. Open Market Purchase Procedure › Section 2156.062. Minimum Number and Evaluation of Bids

Sec. 2156.062.  MINIMUM NUMBER AND EVALUATION OF BIDS.  An open market purchase shall, to the extent possible, be:
(1)  based on at least three competitive bids;  and
(2)  awarded to the bidder offering the best value for the state in accordance with standards set forth in Chapters 2155, 2156, 2157, and 2158.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 15, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter B. Open Market Purchase Procedure › Section 2156.063. Solicitation of Bids

Sec. 2156.063.  SOLICITATION OF BIDS.  The comptroller and each state agency making a purchase shall solicit bids under this subchapter by:
(1)  direct mail;
(2)  telephone;
(3)  telegraph;
(4)  facsimile transmission; or
(5)  on-line electronic transmission.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 494, Sec. 4, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1206, Sec. 15, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 393 (H.B. 1705), Sec. 3.05, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter B. Open Market Purchase Procedure › Section 2156.064. Recording and Inspection of Bids

Sec. 2156.064.  RECORDING AND INSPECTION OF BIDS.  (a)  The comptroller shall keep a record of all open market orders and bids submitted on the orders.
(b)  A tabulation of the bids shall be open for public inspection, under rules established by the comptroller.
(c)  A tabulation of the bids shall always be open for inspection by the state auditor or the auditor's representative.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 66, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter B. Open Market Purchase Procedure › Section 2156.065. Agency Review of Bids

Sec. 2156.065.  AGENCY REVIEW OF BIDS.  (a)  On the request of a state agency to review the bids on a purchase administered by the comptroller, the comptroller shall send or make available to the requesting agency copies of each bid received and the comptroller's recommended award.
(b)  If, after review of the bids and evaluation of the quality of goods or services offered in the bids, the state agency determines that the bid selected by the comptroller does not offer the best value for the state, the agency may file with the comptroller a written recommendation that the award be made to the bidder who, according to the agency's determination, offers the best value for the state. The agency recommendation must include a justification of the agency's determination.
(c)  The comptroller shall consider, but is not bound by, the agency recommendation in making the award.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 16, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 67, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter B. Open Market Purchase Procedure › Section 2156.066. Statement of Reasons for Award

Sec. 2156.066.  STATEMENT OF REASONS FOR AWARD.  The division of the comptroller responsible for purchasing or the state agency making a purchase shall prepare and file with other records relating to a transaction under this subchapter a statement of the reasons for placing an order with a successful bidder for the transaction and the factors considered in determining the bid offering the best value for the state.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 16, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 67, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter C. Competitive Sealed Proposals for Acquisition of Goods and Services › Section 2156.121. Use of Competitive Sealed Proposals

Sec. 2156.121.  USE OF COMPETITIVE SEALED PROPOSALS.  (a)  The comptroller or other state agency may follow a procedure using competitive sealed proposals to acquire goods or services if the comptroller determines that competitive sealed bidding and informal competitive bidding for the purchase or type of purchase are not practical or are disadvantageous to the state.
(b)  A state agency shall send its proposal specifications and criteria to the comptroller for approval or request the comptroller to develop the proposal specifications and criteria.
(c)  The comptroller shall determine whether to delegate sole oversight of the acquisition to a state agency or to retain oversight of the procurement.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 17, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 426, Sec. 8, eff. June 18, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 67, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter C. Competitive Sealed Proposals for Acquisition of Goods and Services › Section 2156.122. Solicitation of Proposals

Sec. 2156.122.  SOLICITATION OF PROPOSALS.  The comptroller or other state agency shall:
(1)  solicit proposals under this subchapter by a request for proposals; and
(2)  give public notice of a request for proposals in the manner provided for requests for bids under Subchapter B.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Sec. 2156.124 and amended by Acts 1997, 75th Leg., ch. 1206, Sec. 17, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 67, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter C. Competitive Sealed Proposals for Acquisition of Goods and Services › Section 2156.123. Opening and Filing of Proposals; Public Inspection

Sec. 2156.123.  OPENING AND FILING OF PROPOSALS;  PUBLIC INSPECTION.  (a)  The comptroller or other state agency shall avoid disclosing the contents of each proposal on opening the proposal and during negotiations with competing offerors.
(b)  The comptroller or other state agency shall file each proposal in a register of proposals, which, after a contract is awarded, is open for public inspection unless the register contains information that is excepted from required disclosure under Subchapter C, Chapter 552.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Sec. 2156.126 and amended by Acts 1997, 75th Leg., ch. 1206, Sec. 17, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 67, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter C. Competitive Sealed Proposals for Acquisition of Goods and Services › Section 2156.124. Discussion and Revision of Proposals

Sec. 2156.124.  DISCUSSION AND REVISION OF PROPOSALS.  (a)  As provided in a request for proposals and under rules adopted by the comptroller, the comptroller or other state agency may discuss acceptable or potentially acceptable proposals with offerors to assess an offeror's ability to meet the solicitation requirements.  When the comptroller is managing the request for proposals process, it shall invite a requisitioning agency to participate in discussions conducted under this section.
(b)  After receiving a proposal but before making an award, the comptroller or other state agency may permit the offeror to revise the proposal to obtain the best final offer.
(c)  The comptroller or other state agency may not disclose information derived from proposals submitted from competing offerors in conducting discussions under this section.
(d)  The comptroller or other state agency shall provide each offeror an equal opportunity to discuss and revise proposals.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Sec. 2156.127 and amended by Acts 1997, 75th Leg., ch. 1206, Sec. 17, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 67, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter C. Competitive Sealed Proposals for Acquisition of Goods and Services › Section 2156.125. Contract Award

Sec. 2156.125.  CONTRACT AWARD.  (a)  The comptroller or other state agency shall make a written award of a contract to the offeror whose proposal offers the best value for the state, considering price, past vendor performance, vendor experience or demonstrated capability, and the evaluation factors in the request for proposals.
(b)  The comptroller or other state agency shall refuse all offers if none of the offers submitted is acceptable.
(c)  The comptroller or other state agency shall determine which proposal offers the best value for the state in accordance with Sections 2155.074 and 2155.075.
(d)  The comptroller or other state agency shall state in writing in the contract file the reasons for making an award.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Sec. 2156.128 and amended by Acts 1997, 75th Leg., ch. 1206, Sec. 17, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 67, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter C. Competitive Sealed Proposals for Acquisition of Goods and Services › Section 2156.126. Adoption of Rules; State Agency Assistance

Sec. 2156.126.  ADOPTION OF RULES;  STATE AGENCY ASSISTANCE.  The comptroller may adopt rules and request assistance from other state agencies to perform its responsibilities under this subchapter.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Sec. 2156.129 and amended by Acts 1997, 75th Leg., ch. 1206, Sec. 17, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 67, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter C. Competitive Sealed Proposals for Acquisition of Goods and Services › Section 2156.127. Competitive Sealed Proposals for Telecommunications and Automated Information Systems Not Affected

Sec. 2156.127.  COMPETITIVE SEALED PROPOSALS FOR TELECOMMUNICATIONS AND AUTOMATED INFORMATION SYSTEMS NOT AFFECTED.  This subchapter does not affect Subchapter C, Chapter 2157.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Sec. 2156.130 and amended by Acts 1997, 75th Leg., ch. 1206, Sec. 17, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2156 - Purchasing Methods › Subchapter D. Interstate Compacts Procedure › Section 2156.181. Interstate Compacts and Cooperative Agreements for Procurements

Sec. 2156.181.  INTERSTATE COMPACTS AND COOPERATIVE AGREEMENTS FOR PROCUREMENTS.  (a)  The comptroller may enter into one or more compacts, interagency agreements, or cooperative purchasing agreements directly with one or more state governments, agencies of other states, or other governmental entities or may participate in, sponsor, or administer a cooperative purchasing agreement through an entity that facilitates those agreements for the purchase of goods or services if the comptroller determines that the agreement would be in the best interest of the state.
(a-1)  A compact or agreement described by this section may not be used to purchase services that are defined as part of the practice of engineering under Section 1001.003, Occupations Code, or architecture under Section 1051.001, Occupations Code.
(b)  The comptroller may adopt rules to implement this section.
Added by Acts 1999, 76th Leg., ch. 426, Sec. 9, eff. June 18, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 326 (S.B. 20), Sec. 14, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 582 (H.B. 3342), Sec. 1, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 68, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2157 - Purchasing: Purchase of Automated Information Systems › Subchapter A. General Provisions › Section 2157.001. Definitions

Sec. 2157.001.  DEFINITIONS.  In this chapter:
(1)  "Automated information system" includes:
(A)  the computers and computer devices on which an information system is automated, including computers and computer devices that the comptroller identifies in guidelines developed by the comptroller in consultation with the department and in accordance with Chapter 2054 and rules adopted under that chapter;
(B)  a service related to the automation of an information system, including computer software or computers;
(C)  a telecommunications apparatus or device that serves as a component of a voice, data, or video communications network for transmitting, switching, routing, multiplexing, modulating, amplifying, or receiving signals on the network, and services related to telecommunications that are not covered under Paragraph (D); and
(D)  for the department, as telecommunications provider for the state, the term includes any service provided by a telecommunications provider, as that term is defined by Section 51.002, Utilities Code.
(2)  "Department" means the Department of Information Resources.
(3)  "Local government" has the meaning assigned by Section 2054.003.
(4)  "State agency" has the meaning assigned by Section 2054.003.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 952, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 18.25, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 426, Sec. 10, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 1422, Sec. 4.13, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 309, Sec. 7.25, eff. June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1068 (H.B. 1516), Sec. 2.02, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 69, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 242 (H.B. 4553), Sec. 13, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2157 - Purchasing: Purchase of Automated Information Systems › Subchapter A. General Provisions › Section 2157.0011. Comptroller Powers and Duties

Sec. 2157.0011.  COMPTROLLER POWERS AND DUTIES.   The comptroller has under this chapter the powers and duties described by Section 2151.004(d).
Added by Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.19, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 70, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2157 - Purchasing: Purchase of Automated Information Systems › Subchapter A. General Provisions › Section 2157.0012. Authority to Adopt Rules

Sec. 2157.0012.  AUTHORITY TO ADOPT RULES.  The comptroller may adopt rules to efficiently and effectively administer this chapter.  Before adopting a rule under this section, the comptroller must conduct a public hearing regarding the proposed rule regardless of whether the requirements of Section 2001.029(b) are met.
Added by Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.19, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2157 - Purchasing: Purchase of Automated Information Systems › Subchapter A. General Provisions › Section 2157.002. Applicability

Sec. 2157.002.  APPLICABILITY.  Subchapters A, B, and D  apply only to a state agency to which Chapter 2054 applies.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2157 - Purchasing: Purchase of Automated Information Systems › Subchapter A. General Provisions › Section 2157.003. Determining Best Value for Purchases of Automated Information Systems

Sec. 2157.003.  DETERMINING BEST VALUE FOR PURCHASES OF AUTOMATED INFORMATION SYSTEMS.  "Best value" for purposes of this chapter means the lowest overall cost of an automated information system.  In determining the lowest overall cost for a purchase or lease of an automated information system under this chapter, the comptroller or a state agency shall consider factors including:
(1)  the purchase price;
(2)  the compatibility to facilitate the exchange of existing data;
(3)  the capacity for expanding and upgrading to more advanced levels of technology;
(4)  quantitative reliability factors;
(5)  the level of training required to bring persons using the system to a stated level of proficiency;
(6)  the technical support requirements for the maintenance of data across a network platform and the management of the network's hardware and software;
(7)  the compliance with applicable department statewide standards validated by criteria adopted by the department by rule; and
(8)  applicable factors listed in Sections 2155.074 and 2155.075.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 18, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1068 (H.B. 1516), Sec. 2.03, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 70, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2157 - Purchasing: Purchase of Automated Information Systems › Subchapter A. General Provisions › Section 2157.004. Transfers and Loans

Sec. 2157.004.  TRANSFERS AND LOANS.  A state agency that acquires a telecommunications device, system, or service or an automated information system by interagency transfer, contract, or loan, or by public loan, shall comply with the requirements of Chapter 2054.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2157 - Purchasing: Purchase of Automated Information Systems › Subchapter A. General Provisions › Section 2157.006. Purchasing Methods

Sec. 2157.006.   PURCHASING METHODS.  (a)  The comptroller or other state agency shall purchase an automated information system using:
(1)  the purchasing method described by Section 2157.068 for commodity items; or
(2)  a purchasing method designated by the comptroller to obtain the best value for the state, including a request for offers method.
(b)  A local government may purchase an automated information system using a method listed under Subsection (a).  A local government that purchases an item using a method listed under Subsection (a) satisfies any state law requiring the local government to seek competitive bids for the purchase of the item.
(c)  The comptroller shall adopt rules for designating purchasing methods under Subsection (a)(2).
Added by Acts 2007, 80th Leg., R.S., Ch. 1081 (H.B. 2918), Sec. 9, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 71, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2157 - Purchasing: Purchase of Automated Information Systems › Subchapter B. Commodity Items › Section 2157.0685. Contract Requirements for Certain Services

Sec. 2157.0685.  CONTRACT REQUIREMENTS FOR CERTAIN SERVICES.  (a)  In this section, "statement of work" means a document that states the requirements for a contract, including deliverables, performance specifications, and other requirements, specific to the vendor under that contract that are not specified in a contract awarded by the department under Section 2157.068 for contracts more than $50,000.
(b)  For a contract awarded by the department under Section 2157.068 that requires a state agency to develop and execute a statement of work to initiate services under the contract, the state agency must:
(1)  consult with the department before submission of the statement of work to a vendor; and
(2)  post each statement of work entered into by the agency on the agency's Internet website in the manner required by department rule.
(c)  A statement of work executed by a state agency under a contract awarded by the department under Section 2157.068 is not valid and money may not be paid to the vendor under the terms of the statement of work unless the department first signs the statement of work.
Added by Acts 2015, 84th Leg., R.S., Ch. 326 (S.B. 20), Sec. 16, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2157 - Purchasing: Purchase of Automated Information Systems › Subchapter B. Commodity Items › Section 2157.069. Clearing Fund Account

Sec. 2157.069.  CLEARING FUND ACCOUNT.  The comptroller shall establish in the state treasury the clearing fund account.  The account is a revolving fund account for the administration of Section 2157.068. The account is the depository for all money received from entities served under that section.  Money in the account may be used only to administer that section or for any other purpose specified by the legislature.
Added by Acts 2013, 83rd Leg., R.S., Ch. 48 (H.B. 2472), Sec. 18, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2157 - Purchasing: Purchase of Automated Information Systems › Subchapter C. Requests for Proposals Purchase Method › Section 2157.121. Acquisition Through Competitive Sealed Proposals

Sec. 2157.121.  ACQUISITION THROUGH COMPETITIVE SEALED PROPOSALS.  (a)  The comptroller or other state agency may acquire a telecommunications device, system, or service or an automated information system by using competitive sealed proposals if the comptroller determines that competitive sealed bidding and informal competitive bidding are not practical or are disadvantageous to the state.
(b)  A state agency, other than the department, shall send its proposal specifications and criteria to the comptroller for approval or request the comptroller to develop the proposal specifications and criteria.
(c)  The department may acquire a telecommunications device, system, or service or an automated information system by using competitive sealed proposals without regard to whether the comptroller makes the determination required under Subsection (a) for other state agencies.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 21, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1422, Sec. 4.14, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1068 (H.B. 1516), Sec. 2.06, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 73, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2157 - Purchasing: Purchase of Automated Information Systems › Subchapter C. Requests for Proposals Purchase Method › Section 2157.122. Solicitation of Proposals; Public Notice

Sec. 2157.122.  SOLICITATION OF PROPOSALS;  PUBLIC NOTICE.  The comptroller or other state agency shall:
(1)  solicit proposals under this subchapter by a request for proposals; and
(2)  give public notice of the request in the manner provided for requests for bids under Subchapter B, Chapter 2156.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 21, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 73, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2157 - Purchasing: Purchase of Automated Information Systems › Subchapter C. Requests for Proposals Purchase Method › Section 2157.123. Opening and Filing Proposals; Public Inspection

Sec. 2157.123.  OPENING AND FILING PROPOSALS;  PUBLIC INSPECTION.  (a)  The comptroller or other state agency shall avoid disclosing the contents of each proposal on opening the proposal and during negotiations with competing offerors.
(b)  The comptroller or other state agency shall file each proposal in a register of proposals, which, after a contract is awarded, is open for public inspection unless the register contains information that is excepted from required disclosure under Subchapter C, Chapter 552.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 21, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 73, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2157 - Purchasing: Purchase of Automated Information Systems › Subchapter C. Requests for Proposals Purchase Method › Section 2157.124. Discussion and Revision of Proposal

Sec. 2157.124.  DISCUSSION AND REVISION OF PROPOSAL.  (a)  As provided by a request for proposals and under comptroller rules, the comptroller or other state agency may discuss an acceptable or potentially acceptable proposal with an offeror to assess the offeror's ability to meet the solicitation requirements.  When the comptroller is managing the request for proposals process, it shall invite a requisitioning agency to participate in discussions conducted under this section.
(b)  After receiving a proposal but before making an award, the comptroller or other state agency may permit an offeror to revise a proposal to obtain the best final offer.
(c)  The comptroller or other state agency may not disclose information derived from a proposal submitted by a competing offeror in conducting discussions under this section.
(d)  The comptroller or other state agency shall provide each offeror an equal opportunity to discuss and revise proposals.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 21, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 73, eff. September 1, 2019.