reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 19 - STATE ENERGY CONSERVATION OFFICE › Subchapter B - STATE FACILITY ENERGY AND WATER MANAGEMENT › Section 19.14 - Energy and Water Management Plan

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Requirements. The head of a state agency or an institution of higher education
				  shall prepare an Energy and Water Management Plan and submit the plan to
				  SECO.
(b) Guidelines. The Energy
				  and Water Management Plan shall be prepared in accordance with the guidelines
				  located on the SECO website, which are herein adopted by reference.
(c) Submission. The Energy and Water
				  Management Plan shall be updated and submitted by October 31 of each year to
				  SECO.Reporting@cpa.texas.gov.
(d)
				  Implementation. A state agency or institution of higher education shall
				  implement the cost effective utility conservation measures in accordance with
				  the timelines and recommendations that are contained in the agency's or
				  institution's Energy and Water Management Plan. To the extent feasible, utility
				  and utility-related operational improvements that are made to each building or
				  facility shall be implemented through comprehensive projects.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 19 - STATE ENERGY CONSERVATION OFFICE › Subchapter B - STATE FACILITY ENERGY AND WATER MANAGEMENT › Section 19.16 - Long Range Utility Services Plan

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Requirement. A state agency or institution of higher education that purchases
				  utilities shall prepare a long range plan for the delivery of reliable,
				  cost-effective utility services for the agency or institution.
(b) Guidelines. SECO shall post guidelines
				  for the Long Range Utility Services Plan on its website.
(c) Frequency. The agency or institution
				  shall update the Long Range Utility Services Plan at least every five years to
				  support five-year construction and major renovation planning.
(d) Posting/Submission. The plan shall be:
(1) posted on a publicly available website;
				  and
(2) submitted to SECO upon
				  request.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 19 - STATE ENERGY CONSERVATION OFFICE › Subchapter B - STATE FACILITY ENERGY AND WATER MANAGEMENT › Section 19.17 - Utility Consumption Data Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Requirement. Each state agency or institution of higher education shall submit
				  utility consumption data to SECO.
(b) Guidelines. SECO shall post guidelines
				  for the submission of utility consumption data on its website.
(c) Frequency. Utility consumption data shall
				  be submitted no later than October 31 of each year.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 19 - STATE ENERGY CONSERVATION OFFICE › Subchapter C - ENERGY CONSERVATION DESIGN STANDARDS › Section 19.31 - Requirements to Use Design Standards

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Government Code, §
										447.004, state
					 agencies and institutions of higher education shall use the energy and water
					 conservation design standards that SECO has adopted under this chapter, when
					 constructing new state buildings or conducting major renovations of existing
					 state buildings.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 19 - STATE ENERGY CONSERVATION OFFICE › Subchapter C - ENERGY CONSERVATION DESIGN STANDARDS › Section 19.32 - Energy and Water Conservation Design Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) SECO adopts by reference the following
				  minimum energy standards for state agencies and institutions of higher
				  education:
(1) for any new construction or
				  major renovation project, except low-rise residential buildings, with a design
				  assignment made on or after January 1, 2021, the energy conservation design
				  standard of the American National Standards Institute (ANSI)/American Society
				  of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE)/Illuminating
				  Engineering Society (IES) Standard 90.1-2016 Energy Standard for Buildings
				  Except Low-Rise Residential Buildings, and any errata sheet for 90.1-2016 that
				  is published by the ASHRAE Standards Committee or the 2018 International Energy
				  Conservation Code (IECC) as published by the International Code Council (ICC),
				  provided however the following buildings or structures are exempt from
				  compliance with this section:
(A) a building
				  or structure that is listed in the State or National Register of Historic
				  Places;
(B) a building or structure
				  that is designated as a historic property under local or state designation law
				  or survey;
(C) a building or
				  structure that is certified as a contributing resource with a National Register
				  listed or locally designated historic district; or
(D) with an opinion or certification by the
				  State Historic Preservation Officer or Keeper of the National Register of
				  Historic Places, a building or structure that is eligible to be listed on the
				  National or State Registers of Historic Places either individually or as a
				  contributing building to a historic district;
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 19 - STATE ENERGY CONSERVATION OFFICE › Subchapter C - ENERGY CONSERVATION DESIGN STANDARDS › Section 19.33 - Major Renovation Projects

Current through Reg. 49, No. 28; July 12, 2024
For the purposes of this subchapter, a major renovation
					 project is a building renovation or improvement where the implementation cost
					 associated with energy or water efficiency improvements is $2 million or more,
					 based on the initial engineering cost estimate.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 19 - STATE ENERGY CONSERVATION OFFICE › Subchapter C - ENERGY CONSERVATION DESIGN STANDARDS › Section 19.34 - Submission of Certification and Compliance Documentation

Current through Reg. 49, No. 28; July 12, 2024
Before beginning construction of a new state building or a
					 major renovation project including a new building or major renovation project
					 of a state-supported institution of higher education, a state agency or an
					 institution of higher education shall submit to SECO a copy of the
					 certification by the design architect or engineer that verifies to the agency
					 or institution that the construction or renovation complies with the standards
					 that are established under this chapter, including engineering documentation.
					 The certification must be completed using the certification form located on the
					 SECO website, which is herein adopted by reference.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 19 - STATE ENERGY CONSERVATION OFFICE › Subchapter D - LOAN PROGRAM FOR ENERGY RETROFITS › Section 19.41 - Description of Program

Current through Reg. 49, No. 28; July 12, 2024
Under Government Code, §
										2305.032,
					 SECO administers a revolving loan program that provides loans to eligible
					 applicants for energy and water efficiency measures. The loan program is called
					 the Texas LoanSTAR (Saving Taxes and Resources) Program for Public Sector
					 Institutions.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 19 - STATE ENERGY CONSERVATION OFFICE › Subchapter D - LOAN PROGRAM FOR ENERGY RETROFITS › Section 19.43 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
Utility Cost Reduction Projects that loan candidates
					 propose must comply with the following program and eligibility
					 requirements.
(1) Loan candidates must
				  own and occupy the buildings where the proposed projects will take
				  place.
(2) Eligible projects may
				  include one or more of the following Utility Cost Reduction Measures:
(A) indoor and outdoor lighting
				  projects;
(B) heating, ventilation,
				  and air conditioning equipment (HVAC);
(C) electrical distribution
				  equipment;
(D) building shell
				  improvements;
(E) energy management
				  systems;
(F) energy recovery
				  systems, including systems that generate electricity on-site;
(G) alternate/renewable energy
				  systems;
(H) load management
				  devices;
(I) water systems and
				  waste water systems energy conservation measures;
(J) geothermal equipment;
(K) indoor and outdoor water conservation
				  projects;
(L) commissioning;
				  and
(M) other cost-effective energy
				  efficiency or water conservation enhancements, demand, or rate-based measures
				  that the LoanSTAR Program has approved.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 19 - STATE ENERGY CONSERVATION OFFICE › Subchapter D - LOAN PROGRAM FOR ENERGY RETROFITS › Section 19.44 - Fund Availability

Current through Reg. 49, No. 28; July 12, 2024
Fund Availability. From time to time, SECO may publish a
					 Notice of Loan Fund Availability (NOLFA) regarding the availability of LoanSTAR
					 loans under this subchapter. The notice shall be published in the
Texas
					 Register
or the
Electronic Business Daily,
and on the
					 SECO website.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 19 - STATE ENERGY CONSERVATION OFFICE › Subchapter D - LOAN PROGRAM FOR ENERGY RETROFITS › Section 19.45 - Project Funding and Repayment

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  term of the loan shall be determined by SECO based on the calculated simple
				  payback period of the overall project from the Utility Assessment Report
				  .
(b) SECO shall set the interest
				  rates in an amount sufficient to recover the cost of administering the
				  program.
(c) Loan payout and
				  repayment.
(1) Loan proceeds may be used to
				  pay for the entire cost of the retrofit project, including the cost of the
				  energy assessment report, engineering design, construction, equipment
				  acquisition and installation, maintenance, and metering and
				  monitoring.
(2) Loan funds shall be
				  disbursed on a reimbursement basis after the borrower provides acceptable
				  supporting documentation that SECO requires.
(3) A state agency may use general revenue
				  funds that are appropriated for utilities to make loan payments as stipulated
				  in Government Code, Chapter 2305.
(4) The borrower shall repay the principal of
				  and interest on the loan in accordance with the Loan Repayment Schedule that
				  the borrower will receive upon project completion and acceptance by SECO
				  .
(5) Frequency of payments shall
				  be no greater than quarterly, with quarterly payment dates based on the state
				  fiscal year.
(6) The borrower may
				  repay loans early without penalty.
(7) No loans will be forgiven.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 19 - STATE ENERGY CONSERVATION OFFICE › Subchapter E - TEXAS BUILDING ENERGY PERFORMANCE STANDARDS › Section 19.51 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this subchapter
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) "Codes" means the
				  International Energy Conservation Code and the International Residential
				  Code.
(2) "International Energy
				  Conservation Code" means the International Energy Conservation Code as
				  developed, maintained and promulgated by the International Code
				  Council.
(3) "International
				  Residential Code" means the International Residential Code for One- and
				  Two-Family Dwellings as developed, maintained and promulgated by the
				  International Code Council.
(4)
				  "Laboratory" means the Energy Systems Laboratory at the Texas Engineering
				  Experiment Station of The Texas A&M University System.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 19 - STATE ENERGY CONSERVATION OFFICE › Subchapter E - TEXAS BUILDING ENERGY PERFORMANCE STANDARDS › Section 19.52 - Public Comment on Building Energy Efficiency Performance Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to Health and Safety Code,
				  §
										388.003(a),
				  following publication of a new edition of the International Residential Code,
				  and not more often than every six years, SECO will publish notice in the
Texas Register
and on the SECO website informing interested
				  persons that they may provide written comments to SECO regarding new editions
				  of the Codes.
(b) Pursuant to
				  Health and Safety Code, §
										388.003(b),
				  following publication of a new edition of the International Energy Conservation
				  Code, SECO will publish notice in the
Texas Register
and on
				  the SECO website informing interested persons that they may provide written
				  comments to SECO regarding the new editions of the Code.
(c) Comments are encouraged from any
				  interested persons, including without limitation: commercial and residential
				  builders; architects and engineers; municipal, county, and other local
				  government authorities; environmental groups; and manufacturers of building
				  materials and products.
(d)
				  Comments will be accepted for a minimum of 30 days after publication of the
				  notice in the
Texas Register
or for a longer period as
				  specified in the request for comments.
(e) Written comments should be submitted to
				  SECO's business or mailing address specified in §
										19.2
				  of this title (relating to State Energy Conservation Office Business Location
				  and Mailing Address), or the comments may be submitted electronically to SECO's
				  email address specified on the SECO website .
(f) SECO will forward any written comments
				  received on the Codes pursuant to this section to the Laboratory for the
				  Laboratory to consider in developing their written findings on the stringency
				  of the energy efficiency chapter of the International Residential Code or the
				  International Energy Conservation Code .
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 19 - STATE ENERGY CONSERVATION OFFICE › Subchapter E - TEXAS BUILDING ENERGY PERFORMANCE STANDARDS › Section 19.53 - Building Energy Efficiency Performance Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Single-family residential construction.
				  Effective September 1, 2016, the energy efficiency chapter of the International
				  Residential Code, as it existed on May 1, 2015, and as supplemented by Health
				  and Safety Code, §
										388.003(i)
				  and (j), is adopted as the energy code in
				  this state for single-family residential construction as it is defined in
				  Health and Safety Code, §
										388.002(12).
(b) All other residential, commercial, and
				  industrial construction. Effective November 1, 2016, the International Energy
				  Conservation Code, as it existed on May 1, 2015, is adopted as the energy code
				  for use in this state for all residential, commercial, and industrial
				  construction that is not single-family residential construction under
				  subsection (a) of this section.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter A - GENERAL PROVISIONS › Division 1 - ADMINISTRATION › Section 20.1 - Interpretation

Current through Reg. 49, No. 28; July 12, 2024
These rules shall be construed and applied to promote
						its underlying purposes and policies.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter A - GENERAL PROVISIONS › Division 1 - ADMINISTRATION › Section 20.2 - Purposes and Policies

Current through Reg. 49, No. 28; July 12, 2024
The underlying purposes and policies of these rules are
						to:
(1) provide confidence in the
					 procedures followed in public procurement to the public, the legislature, state
					 agencies and vendors;
(2) provide
					 for consistent and uniform management of procurement processes and contracts,
					 irrespective of the procurement method used;
(3) obtain in a cost-effective and responsive
					 manner the goods and services required by state agencies in order for those
					 agencies to better serve Texas residents and businesses;
(4) provide safeguards for the maintenance of
					 a procurement system of quality and integrity;
(5) provide increased economy in Texas
					 procurement activities and to maximize to the fullest extent practicable the
					 purchasing value of public funds of the Texas;
(6) simplify, clarify, and modernize the law
					 governing procurement by this state; and
(7) permit the continued development of
					 procurement policies and practices.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter A - GENERAL PROVISIONS › Division 1 - ADMINISTRATION › Section 20.3 - Signed or Executed Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) In this section
					 the following terms shall have the meaning set forth herein.
(1) Digital signature--A signature that:
(A) is created as an electronic identifier by
					 cryptographic means involving the use of two mathematically related keys (i.e.,
					 a public and private key pair, often referred to as Public Key Infrastructure
					 or PKI);
(B) complies with the
					 requirements of 1 TAC Chapter 203; and
(C) is not a photographic digital facsimile
					 of a hand-made signature.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter A - GENERAL PROVISIONS › Division 2 - DEFINITIONS › Section 20.25 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) As used throughout this chapter, words
					 and terms defined in the State Purchasing and General Services Act, Government
					 Code, Title 10, Subtitle D, and the Code Construction Act, Government Code,
					 Chapter 311 shall have the same meaning as defined therein, and each word or
					 term listed in this chapter shall have the meaning set forth herein, unless:
(1) its use clearly requires a different
					 meaning; or
(2) a different
					 definition is prescribed for a particular chapter or portion thereof.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter B - PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION › Division 1 - PRIMARY AND DELEGATED PROCUREMENT AUTHORITY › Section 20.81 - General Purchasing Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Chapter
					 20 of this title applies to purchases of goods and services by the comptroller
					 pursuant to the authority of the Act.
(b) Chapter 20 of this title applies to any
					 state agency delegated the authority to purchase goods and services pursuant to
					 the Act and these rules.
(c) A
					 retail electric provider serving an area with customer choice is not a public
					 utility. The purchase of retail electric service in an area with customer
					 choice is subject to procurement requirements under the Act and Chapter 20 of
					 this title.
(d) A purchase of goods
					 or services from a gift or grant in support of research is not subject to the
					 comptroller's purchasing authority.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter B - PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION › Division 1 - PRIMARY AND DELEGATED PROCUREMENT AUTHORITY › Section 20.82 - Delegated Purchases

Current through Reg. 49, No. 28; July 12, 2024
(a) General
					 delegation. The purchase of the following goods and services is delegated to
					 state agencies:
(1) one-time purchases of
					 goods, including goods for resale, the estimated cost of which does not exceed
					 $50,000;
(2) emergency
					 purchases;
(3) purchases of
					 perishable goods;
(4) purchases of
					 services, including services for resale, the estimated cost of which does not
					 exceed $100,000;
(5) purchases of
					 publications directly from the publisher;
(6) fuel, oil, and grease
					 purchases;
(7) distributor
					 purchases; and
(8) professional
					 memberships.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter B - PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION › Division 1 - PRIMARY AND DELEGATED PROCUREMENT AUTHORITY › Section 20.83 - Assistance with Delegated Purchasing

Current through Reg. 49, No. 28; July 12, 2024
If a state agency desires to use the comptroller's
						services for a delegated or exempt purchase, a written request shall be made in
						a manner and form determined by the director and containing information the
						director deems relevant to the purchase and processing of the request. Such
						service shall be by cost recovery and the director shall determine and include
						all relevant factors related to providing the service on a cost basis. In no
						event shall non-delegated purchases be placed in jeopardy by the processing of
						delegated or exempt purchases.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter B - PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION › Division 1 - PRIMARY AND DELEGATED PROCUREMENT AUTHORITY › Section 20.84 - Advisory Committees

Current through Reg. 49, No. 28; July 12, 2024
(a) The Advisory
					 Committee on Procurement established under Government Code, §
											2155.080;
					 and the Vendor Advisory Committee established under Government Code, §
											2155.081
					 have been automatically abolished by operation of Government Code, §
											2110.008(b)(2).
(b) The comptroller may, from time to time,
					 solicit input related to procurement matters from representatives of vendors or
					 vendor associations, state agencies or state agency committees, customer
					 entities, or other stakeholders, either individually or in groups. An
					 invitation to provide input, individually or as a group, shall not establish an
					 advisory committee within the meaning of Government Code, Chapter
					 2110.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter B - PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION › Division 2 - PUBLICIZING PROCUREMENT: CMBL, ESBD, AND VPTS › Section 20.106 - Electronic Purchasing System

Current through Reg. 49, No. 28; July 12, 2024
The comptroller may use electronic services to improve
						the efficiency and effectiveness of the purchasing system. Such services are
						provided on a cost recovery basis to those who choose to use them. Examples of
						such services include electronic delivery of purchase orders, electronic
						receipt of bids and proposals, and electronic bulletin
						boards.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter B - PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION › Division 2 - PUBLICIZING PROCUREMENT: CMBL, ESBD, AND VPTS › Section 20.107 - Centralized Master Bidders List

Current through Reg. 49, No. 28; July 12, 2024
(a) The comptroller
					 maintains the Centralized Master Bidders List (CMBL) of the names and addresses
					 of vendors which have registered for inclusion on the CMBL. The CMBL is
					 maintained for the state's use in procuring goods and services through open and
					 fair competition. Solicitations shall be transmitted to vendors on the CMBL for
					 the solicited good and/or service designated by the vendor for open market,
					 term contracts, competitive sealed proposal acquisitions and delegated
					 purchases in excess of the non-competitive bid limit.
(b) Registration for the Centralized Master
					 Bidders List is an on-line process with a vendor managed web based system.
					 There is a $70.00 annual fee to remain registered on the CMBL.
(c) It is the vendor's responsibility to
					 maintain their CMBL profile to ensure correct information for receipt of bids
					 based on products or services which can be provided for selected districts for
					 the State of Texas.
(d) A vendor
					 may be administratively removed from the CMBL for one or more of the following
					 reasons:
(1) failing to pay or unnecessarily
					 delaying payment of damages assessed by the comptroller;
(2) failing to remit the required CMBL fee;
					 or
(3) any factor set forth in
					 Government Code, §
												2155.070
					 and §
												2155.077.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter B - PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION › Division 2 - PUBLICIZING PROCUREMENT: CMBL, ESBD, AND VPTS › Section 20.108 - Authority

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to the authority granted by Government Code,
						§
											2155.083,
						the comptroller sets forth the following rules regarding procedures and
						practice for posting procurement opportunities in the Electronic State Business
						Daily (ESBD).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter B - PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION › Division 2 - PUBLICIZING PROCUREMENT: CMBL, ESBD, AND VPTS › Section 20.109 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The ESBD is established as a means for
					 all state agencies to post notice directly and electronically in an electronic
					 procurement marketplace on the Internet before making a procurement with a
					 value that exceeds $25,000.
(b) The
					 requirements of this subchapter are in addition to the requirements of other
					 laws relating to the solicitation of bids, proposals, or other applicable
					 expressions of interest for a procurement by a state agency. This subchapter
					 does not affect whether a state agency is required to award a contract for
					 procurement through competitive bidding, competitive sealed proposals, or
					 another purchasing method.
(c) This
					 section applies to each state agency making a procurement that will exceed
					 $25,000.00 in value, without regard to the source of funds the agency will use
					 for the procurement, including a procurement that:
(1) is otherwise exempt from the
					 comptroller's purchasing authority;
(2) is made under delegated purchasing
					 authority;
(3) is related to a
					 construction project; or
(4) is a
					 procurement of professional or consulting services.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter B - PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION › Division 2 - PUBLICIZING PROCUREMENT: CMBL, ESBD, AND VPTS › Section 20.110 - Notice and Information Posting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The comptroller shall make the ESBD
					 available on the Internet through an electronic procurement marketplace
					 maintained by the comptroller.
(b)
					 The comptroller shall post in the ESBD other information relating to the
					 business activity of the state that the comptroller considers to be of interest
					 to the public. The comptroller may develop a means for each state agency to
					 post relevant information electronically. This information will also be
					 accessible on the comptroller's web site.
(c) The comptroller will electronically
					 transfer to the ESBD all procurements in excess of $25,000 that the comptroller
					 has processed on behalf of state agencies.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter B - PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION › Division 2 - PUBLICIZING PROCUREMENT: CMBL, ESBD, AND VPTS › Section 20.111 - Internet Access

Current through Reg. 49, No. 28; July 12, 2024
(a) It is the
					 responsibility of each state agency to coordinate with the Department of
					 Information Resources (DIR) to secure Internet service and computer hardware
					 and software necessary for each registered agent to have daily access to the
					 ESBD.
(b) To accommodate businesses
					 seeking to become potential bidders or respondents that do not have the
					 technical means to access the ESBD, governmental and non-governmental entities
					 such as public libraries, chambers of commerce, trade associations, small
					 business development centers, economic development departments of local
					 governments, and state agencies may provide public access to the
					 ESBD.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter B - PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION › Division 2 - PUBLICIZING PROCUREMENT: CMBL, ESBD, AND VPTS › Section 20.112 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) A government agency may recover the
					 direct cost of providing the public access only by charging a fee for
					 downloading procurement notices and bid or proposal solicitation packages
					 posted on the ESBD. For state agencies, these fees may not exceed the state
					 agency's published rate for open records requests.
(b) The comptroller and other state agencies
					 may not charge a fee designed to recover the cost of preparing and gathering
					 the information that is published in the ESBD. These costs are considered part
					 of a procuring agency's responsibility to publicly inform potential bidders or
					 respondents of its procurement contract opportunities.
(c) A non-governmental entity may use
					 information posted in the ESBD in providing a service that is more than only
					 the downloading of information from the business daily, including a service by
					 which appropriate bidders or respondents are matched with information that is
					 relevant to those bidders or respondents, and may charge a lawful fee that the
					 entity considers appropriate for the service.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter B - PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION › Division 2 - PUBLICIZING PROCUREMENT: CMBL, ESBD, AND VPTS › Section 20.113 - Registered Agent Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Each state
					 agency must designate a minimum of one person to be the registered agent for
					 posting all solicitations to the ESBD. State agencies with field or satellite
					 offices may establish a registered agent at those offices or require that
					 procurement contract opportunities be sent to the main office for posting in
					 compliance with this chapter.
(b)
					 To add a new state agency account, a written request signed by the agency head
					 or designee must be submitted to the comptroller to create a superuser account
					 for the agency. All other registered users for that agency will be registered
					 through the superuser account.
(c)
					 The user/registered agent information will automatically be entered by the ESBD
					 each time the registered agent accesses the ESBD to post new procurement
					 opportunities.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter B - PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION › Division 2 - PUBLICIZING PROCUREMENT: CMBL, ESBD, AND VPTS › Section 20.114 - Electronic State Business Daily Posting Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Each state agency must comply with the
					 procedures established by the comptroller when posting solicitation notices on
					 the ESBD. The comptroller will provide an ESBD User's Manual online with
					 instructions for posting solicitations and awards on the ESBD.
(b) Information for each solicitation must be
					 entered on the ESBD, using the prescribed electronic format in compliance with
					 §
											20.214
					 of this title (relating to Notice and Information Posting
					 Requirement).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter B - PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION › Division 2 - PUBLICIZING PROCUREMENT: CMBL, ESBD, AND VPTS › Section 20.115 - Vendor Performance Tracking System

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The comptroller's statewide procurement division shall maintain a vendor
					 performance tracking system on the comptroller's web page on which vendor
					 performance reports and vendor grades submitted by state agencies are
					 published. Vendor performance reports and vendor grades shall be submitted to
					 the vendor performance tracking system as stated in §
											20.509 of
					 this title (relating to Vendor Performance Reporting).
(b) The comptroller shall provide a copy of a
					 state agency's vendor performance report and grade to the vendor identified in
					 the report. When a state agency assigns a grade lower than "C," the vendor may
					 provide to the comptroller a response to the performance report and grade. When
					 a response is received by the comptroller within 30 days of the comptroller
					 providing a copy of the performance report and grade to the vendor, the
					 comptroller:
(1) shall provide the state
					 agency a copy of the vendor response; and
(2) shall review the performance report and
					 grade, response, and any other relevant information available to the
					 comptroller about the purchase order or contract that is the subject of the
					 performance report and grade.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter B - PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION › Division 3 - CONTRACT MANAGEMENT GUIDE AND TRAINING › Section 20.131 - Procurement Manual and Contract Management Guide

Current through Reg. 49, No. 28; July 12, 2024
(a) The comptroller shall develop and
					 periodically update a procurement manual and contract management guide for use
					 by state agencies.
(b) To prepare
					 the guide, the comptroller shall consult with the attorney general and the
					 Department of Information Resources. The comptroller may consult with the state
					 auditor, state agencies, or other stakeholders. State agencies may submit, and
					 the comptroller may consider, recommendations for improving the
					 guide.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter B - PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION › Division 3 - CONTRACT MANAGEMENT GUIDE AND TRAINING › Section 20.132 - Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) Each state agency shall comply with the
					 state procurement manual and contract management guide.
(b) Procurement plan. State agencies shall
					 formulate an agency procurement plan that identifies an agency's management
					 controls and purchasing oversight authority in accordance with the policy
					 guidance contained in the comptroller's procurement manual and contract
					 management guide. A state agency must submit a copy of the procurement plan
					 during the comptroller's audit of the state agency's purchasing documents or
					 upon request by the comptroller.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter B - PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION › Division 3 - CONTRACT MANAGEMENT GUIDE AND TRAINING › Section 20.133 - Training and Certification Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Purpose. The purpose of these rules is to provide a uniform procedure through
					 which the division will train and certify individuals who conduct government
					 procurement functions.
(b)
					 Definitions. The following words and terms when used in this section shall have
					 the following meanings.
(1) Purchasing--The
					 receipt and processing of requisitions, development of specifications,
					 development of scope of work, the issuance of purchase orders against existing
					 cooperative or agency contracts, and the verification of the inspection of
					 merchandise or receipt of services by the agency. The term does not include the
					 development of solicitations and contract awards that must be posted to the
					 Electronic State Business Daily or in the
Texas
					 Register.
(2) Contract
					 development--The term applies to actions taken prior to contract execution,
					 including the receipt and processing of requisitions, assessment of need,
					 development and review of specifications, development and review of scopes of
					 work, identification and selection of procurement methods, identification and
					 preparation of evaluation criteria, preparation of and advertising solicitation
					 documents, tabulation of respondent bids, evaluation of respondent proposals,
					 negotiation of proposals, and the preparation and completion of contract award
					 documents. The term does not include invoice or audit functions.
(3) Contract management--The term applies to
					 actions taken following contract execution, including the assessment of risk,
					 verification of contractor performance, monitoring compliance with deliverable
					 and reporting requirements, enforcement of contract terms, monitoring and
					 reporting of vendor performance, and ensuring that contract performance and
					 practices are consistent with applicable rules, laws and the State of Texas
					 Procurement Manual and Contract Management Guide.
(4) Procurement--The performance of any
					 purchasing, contract development, or contract management functions.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter B - PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION › Division 4 - IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST › Section 20.157 - Adherence to Ethical Standards

Current through Reg. 49, No. 28; July 12, 2024
Employees of agencies who perform purchasing functions
						under delegated authority shall adhere to the same ethical standards required
						of comptroller employees, and shall avoid all conflicts of interest in their
						purchasing activities.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter B - PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION › Division 4 - IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST › Section 20.158 - Disclosure of Potential Conflicts of Interest; Certain Contracts Prohibited

Current through Reg. 49, No. 28; July 12, 2024
(a) Each state agency employee or official
					 who is involved in procurement or in contract management for a state agency
					 shall disclose to the agency any potential conflict of interest specified by
					 state law or agency policy that is known by the employee or official with
					 respect to any contract with a private vendor or bid for the purchase of goods
					 or services from a private vendor by the agency.
(b) A state agency may not enter into a
					 contract for the purchase of goods or services with a private vendor with whom
					 any of the following agency employees or officials have a financial interest:
(1) a member of the agency's governing
					 body;
(2) the governing official,
					 executive director, general counsel, chief procurement officer, or procurement
					 director of the agency; or
(3) a
					 family member related to an employee or official described by paragraph (1) or
					 (2) of this subsection within the second degree by affinity or
					 consanguinity.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter B - PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION › Division 5 - CONTRACT ADVISORY TEAM › Section 20.160 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						division, shall have the following meaning unless the context clearly indicates
						otherwise.
(1) CAT--The Contract
					 Advisory Team established in Government Code, Chapter 2262, Subchapter
					 C.
(2) Key terms--Deliverables,
					 duration, performance standards, amount of compensation or method of computing
					 compensation to the contractor, specification or limitation of remedies, and
					 any other term identified as a "key term" in the procurement manual and
					 contract management guide developed under §
											20.131
					 of this chapter (relating to Procurement Manual and Contract Management
					 Guide).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter B - PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION › Division 5 - CONTRACT ADVISORY TEAM › Section 20.161 - Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) This division applies only to
					 solicitations and contracts subject to monitoring by CAT.
(b) Major information resources projects and
					 any associated contracts, as defined in Government Code, Chapter 2054, are
					 subject to monitoring by the Quality Assurance Team under the rules of the
					 Department of Information Resources.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter B - PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION › Division 5 - CONTRACT ADVISORY TEAM › Section 20.162 - Solicitation Review

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency may
					 not publish a solicitation on the ESBD or in the
Texas
					 Register
until it obtains a CAT review of the solicitation and either
					 complies with each recommendation or submits a written explanation regarding
					 why the recommendation is not applicable to the solicitation.
(b) To obtain CAT review of a solicitation,
					 an agency must submit all solicitation documents, including the solicitation,
					 any documents that are incorporated by reference into the solicitation, and
					 essential supporting documents such as the proprietary purchase
					 justification.
(c) After obtaining
					 CAT review of a solicitation, if an agency substantially revises the
					 solicitation, it may not publish the revised solicitation until it meets the
					 prerequisites in subsections (a) and (b) of this section.
(d) If an agency cannot obtain CAT review
					 within the amount of time it has to complete a procurement to prevent a hazard
					 to life, health, safety, welfare, or property in an emergency, the requirement
					 to obtain CAT review in this section does not apply. An agency shall justify
					 its reliance on this subsection in the procurement file for each procurement
					 that would otherwise require CAT review. A justification submitted in
					 accordance with §
											20.82(d)(2)(B)
					 of this title and maintained in the procurement file may be sufficient if it
					 demonstrates that CAT review is not required.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter B - PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION › Division 5 - CONTRACT ADVISORY TEAM › Section 20.163 - Expedited Solicitation Review

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Low-risk solicitations. If a solicitation qualifies as low-risk according to
					 this section, an agency may designate it as low-risk when submitting it for CAT
					 review. CAT may review a solicitation that has been designated as low-risk
					 using an expedited process that focuses on key terms, or request additional
					 documentation to determine which level of review to perform.
(b) Template solicitations. An agency may
					 request CAT review of a solicitation template, which must include all key terms
					 for a contemplated contract. For one year after a template has been reviewed,
					 the agency may designate a solicitation following that template without
					 substantial revision as low-risk.
(c) Risk analysis procedure. An agency that
					 has developed a risk analysis procedure as described in Government Code, §
											2261.256(a),
					 may designate a solicitation as low-risk if it submits its analysis and
					 conclusion that the contractor selection process, contract provisions, and
					 payment and reimbursement rates for the types of goods and services to be
					 solicited present a low risk of fraud, abuse, or waste.
(d) Reduced monitoring. An agency that is
					 currently reported by the State Auditor's Office as requiring reduced
					 monitoring during contract solicitation and development may designate a
					 solicitation as low-risk without submitting an analysis to CAT.
(e) Additional monitoring. An agency that is
					 currently reported by the State Auditor's Office as requiring additional
					 monitoring during contract solicitation and development may not designate any
					 solicitation as low-risk, even if the solicitation would otherwise qualify
					 under this section.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter B - PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION › Division 5 - CONTRACT ADVISORY TEAM › Section 20.164 - Enhanced Solicitation Review

Current through Reg. 49, No. 28; July 12, 2024
To obtain CAT review of a solicitation, an agency that is
						currently reported by the State Auditor's Office as requiring additional
						monitoring during contract solicitation and development must additionally
						submit the needs assessment, acquisition plan, and risk assessment for the
						solicitation.