reglab/statecodes huggingface dataset:
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 20.165 - Contract Formation and Award

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Recommendations and assistance. An agency may request recommendations and
					 assistance from CAT regarding contract formation and award.
(b) Additional monitoring. An agency that is
					 currently reported by the State Auditor's Office as requiring additional
					 monitoring during contract formation and award shall provide to CAT upon
					 request:
(1) descriptive information
					 specified by CAT on all contracts it has awarded from solicitations that were
					 reviewed by CAT; and
(2) copies of
					 all contract documents requested by CAT for the purpose of providing
					 recommendations and assistance to the agency.
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 20.166 - Contract Management and Termination

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Recommendations and assistance. An agency may request recommendations and
					 assistance from CAT regarding contract management and termination.
(b) Additional monitoring - training
					 requirement. An agency that is reported by the State Auditor's Office as
					 requiring additional monitoring during contract management and termination
					 shall ensure that each of its contract managers has received additional
					 training specified by and provided by the comptroller before December 31st of
					 the year it is reported, or before another date agreed between the agency and
					 the comptroller.
(c) Additional
					 monitoring - submission of procedures. An agency that is reported by the State
					 Auditor's Office as requiring additional monitoring during contract management
					 and termination shall submit to CAT before November 30th of the year it is
					 reported, or before another date agreed between the agency and the comptroller:
(1) the procedure by which it will identify
					 each contract that requires enhanced contract or performance monitoring;
					 and
(2) its handbook of policies
					 and practices for contract management and termination.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 1 - PROCUREMENT PLANNING › Section 20.181 - State Agency compliance and Documentation Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) State agencies shall plan and document
					 procurement transactions subject to this chapter in a manner consistent with
					 requirements and guidelines set forth in the state procurement manual and
					 contract management guide, including at a minimum:
(1) actions or documentation related to the
					 agency's assessment of need for the specific commodity or service;
(2) its selection of the method of
					 procurement to be used;
(3) the
					 development of specifications;
(4)
					 identification of evaluation criteria to determine the best value of the good
					 or service;
(5) the process by
					 which the procurement transaction is conducted; and
(6) the management of any resulting contract.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 1 - PROCUREMENT PLANNING › Section 20.182 - Selection of Items for Development of Texas Uniform Standards and Specifications

Current through Reg. 49, No. 28; July 12, 2024
Items are selected for specification development by or
						through one or more of the following methods.
(1) Required by statute.
(A) School buses. Pursuant to Education Code,
					 §
												34.002, the
					 Texas Department of Public Safety, with advice from the Texas Education Agency,
					 establishes safety standards for school buses used to transport students.
					 Pursuant to Education Code, §
												34.001,
					 specifications developed by the Texas Department of Public Safety in compliance
					 with Transportation Code, §
												547.7015,
					 shall be referenced in solicitations and made a part of any contract awarded by
					 the comptroller as result of a requisition received from a school district
					 pursuant to Local Government Code, §
												271.083.
					 For the convenience of qualified purchasing entities the specifications shall
					 be posted on the division's website.
(B) Prison-made products and raw materials.
					 Pursuant to Government Code, Subtitle G, Subchapter B, §497.027, an
					 article or product produced under Subchapter B must meet specifications
					 established by the comptroller that are in effect when the article or product
					 is produced.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 1 - PROCUREMENT PLANNING › Section 20.183 - Development of Texas Uniform Standards and Specifications

Current through Reg. 49, No. 28; July 12, 2024
(a) Preparation of Texas Uniform Standards
					 and Specifications.
(1) The procedure used in
					 developing uniform standards and specifications includes consultation,
					 research, collection, and evaluation of data, and preparation of the
					 specification. The division consults with knowledgeable people in various state
					 agencies, user advisory groups, purchasers, vendors, manufacturers,
					 distributors, bidders, governmental and trade associations, colleges and
					 universities, testing laboratories, and other experts.
(2) Uniform standards and specifications from
					 federal, state, and local governments and standards agencies, such as ASTM,
					 SAE, and others, and product literature from manufacturers, distributors, etc.,
					 are obtained, studied, and their contents evaluated.
(3) A proposed specification is then prepared
					 by stipulating minimum requirements necessary to provide products of the level
					 of quality required by various state agencies.
(4) This draft specification is then
					 distributed to the individuals and groups initially contacted as well as other
					 interested parties for their review, comments, and suggestions.
(5) Comments and suggestions received are
					 reviewed, analyzed, and evaluated, and the proposed specification modified
					 accordingly.
(6) If, as a result of
					 this analysis and evaluation, major changes in the proposed specification are
					 made, then a second proposed specification is prepared and distributed and the
					 process outlined in paragraphs (4) and (5) of this subsection is
					 followed.
(7) If no major change in
					 the proposed specification is made, then the uniform standard and specification
					 is finalized and distributed.
(8)
					 Comments and suggestions received from the distribution of a second proposed
					 specification are reviewed, analyzed, evaluated, and the process outlined in
					 paragraphs (4) - (7) of this subsection is followed.
(9) This process is continued until a uniform
					 standard and specification is developed that will provide the level of quality
					 required by the state and that will provide competitive bidding.
(10) The agency user advisory groups provide
					 the division with their individual requirements and otherwise assist in the
					 preparation and development of specifications.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 1 - PROCUREMENT PLANNING › Section 20.184 - Requisitions and Specifications

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Requisitions.
(1) A purchase is initiated by
					 a state agency's submission of a requisition containing desired specifications
					 and evaluation criteria either electronically or on a form provided or approved
					 by the comptroller. The requisition must also include the agency's
					 certification that funds are available for the purchase.
(2) Following receipt of a requisition and
					 supporting documentation, the comptroller shall review the materials submitted,
					 and shall advise the state agency of any additional documentation required in
					 order for the comptroller to begin the procurement solicitation process. When
					 the comptroller has received all required documentation from the state agency,
					 the comptroller will verify same to the state agency, and will endeavor to
					 complete the requested procurement within 90 days thereafter.
(3) The state agency is responsible for
					 determining its need for a purchase and the comptroller may not question the
					 agency's determination of need. However, the comptroller may require
					 clarification of the specifications to foster open competition. If the agency's
					 specifications unreasonably limit competition, the comptroller may require an
					 additional written explanation.
(4)
					 If the good or service for which the state agency has identified a need has
					 been previously procured by any state agency, the state agency shall include in
					 the documentation submitted to the comptroller a certification that it has
					 reviewed and considered in its development of specifications and evaluation
					 criteria, all vendor performance reports previously submitted by user agencies
					 for all previous contractors who have provided such good or service to state
					 agencies.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 2 - PROCUREMENT METHODS › Section 20.206 - Procurement Methods

Current through Reg. 49, No. 28; July 12, 2024
(a) To procure
					 goods or services, a state agency may use the following procurement methods as
					 further prescribed by this subchapter:
(1)
					 competitive sealed bidding;
(2)
					 competitive sealed proposals;
(3)
					 proprietary purchases;
(4)
					 emergency procurements;
(5) small
					 purchases;
(6) requests for offers;
					 or
(7) purchases by means of
					 special contracting methods as otherwise specified in this
					 subchapter.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 2 - PROCUREMENT METHODS › Section 20.207 - Competitive Sealed Bidding

Current through Reg. 49, No. 28; July 12, 2024
(a) Bid
					 submission.
(1) A state agency shall:
(A) solicit proposals under this subchapter
					 by making available an invitation for bids that contains all the information
					 needed to make a responsive bid, the factors other than price that will be used
					 to determine best value for the state, and the criteria that will be used to
					 evaluate factors other than price; and
(B) give public notice of the invitation for
					 bids on the ESBD and distribute notice to the CMBL in the manner provided in
					 this subchapter.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 2 - PROCUREMENT METHODS › Section 20.208 - Competitive Sealed Proposals

Current through Reg. 49, No. 28; July 12, 2024
(a) Availability
					 of method. A state agency may follow the competitive sealed proposals
					 procurement method to acquire goods or services if it determines that
					 competitive sealed bidding and informal competitive bidding are not practical
					 or are disadvantageous to the state.
(b) Solicitation of proposals. A state agency
					 shall:
(1) solicit proposals under this
					 subchapter by making available a request for proposals that contains all the
					 information needed to submit a responsive proposal, the factors other than
					 price that will be used to determine best value for the state, and the criteria
					 that will be used to evaluate factors other than price; and
(2) give public notice of the request for
					 proposals on the ESBD and distribute notice to the CMBL in the manner provided
					 in this subchapter.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 2 - PROCUREMENT METHODS › Section 20.209 - Proprietary Purchases

Current through Reg. 49, No. 28; July 12, 2024
(a) If the division
					 finds that a state agency has submitted specifications or conditions of
					 purchase which are proprietary to one vendor and do not permit an equivalent
					 good or service to be supplied, the division may require the state agency to
					 provide written justification before processing the procurement. Within 10 days
					 thereafter, it will notify the agency of the need for a written justification.
					 An agency may submit a written justification along with its requisition if it
					 chooses to do so.
(b) A written
					 justification for the use of proprietary specifications or conditions shall:
(1) contain an explanation of the need for
					 the specifications or conditions;
(2) state the reasons why any competing or
					 equivalent products identified by the division are not satisfactory, addressing
					 each such product individually;
(3)
					 contain any other information requested by the division; and
(4) be signed by the agency head, the
					 chairman of its governing body, or a person to whom such signature authority
					 has been properly delegated in the agency's procurement plan, or in the case of
					 an institution of higher education, by a person properly designated as a
					 purchasing officer for the institution.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 2 - PROCUREMENT METHODS › Section 20.210 - Emergency Procurements

Current through Reg. 49, No. 28; July 12, 2024
(a) Emergency
					 procurement requirements over $25,000 must be posted to the ESBD, but the
					 minimum posting times in this subchapter do not apply.
(b) In addition to the posting requirements
					 for emergency procurements set forth in this subchapter, all other comptroller
					 procedures governing emergency procurement requirements in §
											20.82 of this
					 title (relating to Delegated Purchases) apply.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 2 - PROCUREMENT METHODS › Section 20.211 - Small Purchases

Current through Reg. 49, No. 28; July 12, 2024
For purchases of goods which the purchasing agency
						estimates to be of a total value of $10,000 or less, the purchasing agency
						shall conduct such procurements in compliance with the processes outlined in
						the state procurement manual and contract management guide described in §
											20.131
						of this title (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 C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 2 - PROCUREMENT METHODS › Section 20.212 - Reverse Auction

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Government Code, §
											2155.062(a)(4) and
						(d), the comptroller may use the reverse
						auction procedure as a method of purchasing goods and services. In this
						competitive method of purchasing, bidding is a real time process lasting for a
						specified period of time, during which multiple suppliers anonymous to each
						other submit bids to provide the designated goods or services to an internet
						location.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 2 - PROCUREMENT METHODS › Section 20.213 - Internal Repair Procurements

Current through Reg. 49, No. 28; July 12, 2024
An internal repair is defined as a repair where the
						extent of the work cannot be determined until the equipment is disassembled. An
						internal repair must contain labor and may also include parts. Internal repairs
						over $25,000 must be posted to the ESBD, but the minimum posting times in this
						subchapter do not apply.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 2 - PROCUREMENT METHODS › Section 20.214 - Notice and Information Posting and Distribution

Current through Reg. 49, No. 28; July 12, 2024
(a) Each state agency shall post its own
					 notices or solicitations on the ESBD.
(b) Each state agency that issues a
					 solicitation estimated to exceed $25,000 shall post on the ESBD and issue to
					 all bidders in the relevant categories and regions that were listed on the
					 Centralized Master Bidders List at the time of the solicitation:
(1) either the entire solicitation or a
					 notice that includes all information necessary to make a responsive response,
					 including the following minimum information required for each procurement as
					 outlined in Government Code, §
												2155.083(g)
					 and §
												2155.075:
(A) a brief description of the goods or
					 services to be procured and any applicable NIGP class and item code for the
					 goods and services;
(B) the last
					 date and time on which responses will be accepted;
(C) the estimated quantity of goods or
					 services to be procured;
(D) the
					 estimated date on which the goods or services to be procured will be needed;
					 and
(E) the name, business mailing
					 address, e-mail address, and business telephone number of the state agency
					 employee a person may contact to inquire about all necessary information
					 related to making a response; or
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 2 - PROCUREMENT METHODS › Section 20.215 - Posting Time Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Entire
					 solicitation. If the state agency posts the entire solicitation package,
					 including attachments, the solicitation must be posted until the latest of:
(1) 14 calendar days after the date the
					 solicitation package is first posted; or
(2) the date the state agency will no longer
					 accept responses, which must be at least 14 calendar days after the date the
					 solicitation package is first posted.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 2 - PROCUREMENT METHODS › Section 20.216 - Posting Follow-up and Record Keeping

Current through Reg. 49, No. 28; July 12, 2024
(a) A copy
					 of the solicitation posting will automatically be sent electronically to the
					 registered agent's e-mail address, if an e-mail address was provided on the
					 user registration form. If the registered agent does not have e-mail access, it
					 is the responsibility of the registered agent to use the print features of the
					 Internet browser software to produce a hard copy of the posting for permanent
					 record keeping as part of the contract file.
(b) The ESBD will automatically purge
					 postings according to the bid opening date entered by the registered agent.
					 Each state agency is responsible for ensuring the procurement contract
					 solicitation remains posted for the minimum number of days, as set forth in
					 Government Code, §
											2155.083
					 and these rules.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 2 - PROCUREMENT METHODS › Section 20.217 - Verification of Use of Best Value Standards

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The contract manager or procurement director of each state agency shall:
(1) approve each state agency contract for
					 which the agency is required to purchase goods or services using the best value
					 standard;
(2) ensure that, for each
					 contract, the agency documents the best value standard used for the
					 contract;
(3) acknowledge in
					 writing that the agency complied with the agency's and comptroller's contract
					 management guide and the state procurement manual in the purchase; and
(4) ensure that the state agency
					 shall evaluate the contractor's performance based on:
(A) information prepared by the agency in
					 planning the procurement that assessed the need for the purchase together with
					 the specifications for the good or service and the criteria to evaluate the
					 responses resulting in an award and contract;
(B) compliance with the material terms of the
					 contract;
(C) ability to correct
					 instances of contractual non-compliance; and
(D) other evaluation criteria presented in
					 the on-line vendor performance tracking system.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 2 - PROCUREMENT METHODS › Section 20.218 - Contract With Value Exceeding $5 Million

Current through Reg. 49, No. 28; July 12, 2024
For each state agency contract for the purchase of goods
						or services that has a value exceeding $5 million, the contract management
						office or procurement director of the agency must:
(1) verify in writing that the solicitation
					 and purchasing methods and contractor selection process comply with state law
					 and agency policy; and
(2) submit
					 to the governing body of the agency, or governing official of the agency if the
					 agency is not governed by a multimember governing body, information on any
					 potential issue that may arise in the solicitation, purchasing, or contractor
					 selection process.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 2 - PROCUREMENT METHODS › Section 20.219 - Award Notification

Current through Reg. 49, No. 28; July 12, 2024
(a) Each state
					 agency's registered agent must record the action resulting from the posting of
					 each procurement contract solicitation into the ESBD using the prescribed form
					 or electronic file transfer. This includes contracts awarded and procurement
					 contract opportunities canceled by the state agency.
(b) The procurement contract award notice
					 shall include the following minimum information:
(1) agency name, mailing and physical
					 address, and contact name;
(2)
					 purchase requisition number for procurement contract solicitation;
(3) contract award recipient information to
					 include company name, mailing address, and the comptroller's historically
					 underutilized business certification status, if applicable; and
(4) dollar amount of award.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 2 - PROCUREMENT METHODS › Section 20.220 - Term Contracts

Current through Reg. 49, No. 28; July 12, 2024
The comptroller enters into term contracts for the
						purchase or lease of goods or services used in large quantities by several
						state agencies. The term of the contract is determined by the comptroller.
(1) Bid invitations.
(A) The comptroller maintains records of the
					 quantities and/or dollar volumes purchased under term contracts during the
					 previous year, and includes this information in bid invitations. Term contracts
					 are established for estimated quantities only, however, and do not guarantee
					 that the state will order any given amount during the contract period.
(B) Term contracts may be either
					 firm price or firm fixed price contracts with escalation and de-escalation.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 2 - PROCUREMENT METHODS › Section 20.221 - Special Rules for Contract Awards Requiring an Open Meeting

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this section is to provide
					 for the efficient and effective administration of the provisions of the
					 Government Code relating to certain contract awards by the division in
					 compliance with Government Code, §
											2155.086.
(b) Except as otherwise provided, this
					 section applies to the award of a contract by the division that:
(1) relates to the powers and duties
					 transferred to the comptroller under Government Code, §
												2151.004(d);
(2) is reasonably expected by the
					 division at the time of the award to have a value of $100,000 or more over the
					 life of the contract; and
(3) is
					 evaluated based wholly or partly on best value factors other than cost.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 2 - PROCUREMENT METHODS › Section 20.222 - Methods for Procuring Automated Information Systems, including Request for Offers Method

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
					 provided for in subsection (b) of this section, state agencies must purchase
					 from Department of Information Resources (DIR) cooperative contracts those
					 automated information systems that are designated as commodity items by
					 Government Code, §
											2157.068.
(b) A state agency is not required to use DIR
					 cooperative contracts to purchase a commodity item if:
(1) the state agency has obtained an
					 exemption from DIR for the purchase of the commodity item;
(2) DIR has certified in writing that the
					 commodity item is not available for purchase under an existing DIR cooperative
					 contract;
(3) the state agency has
					 obtained approval from the Legislative Budget Board under Government Code,
					 §
												2157.068(f),
					 for the purchase of the commodity item;
(4) the contract for the commodity item is
					 valued at more than $5 million; or
(5) the state agency is otherwise exempt from
					 Government Code, §
												2157.068.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 3 - SPECIAL CONTRACTING METHODS › Section 20.231 - Multiple Award Contracts Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 comptroller or a state agency may use the multiple award contract procedure
					 only after the director or the agency's purchasing director has made a written
					 determination that its use is in the best interest of the state. In arriving at
					 a determination, the director or the agency will consider the following
					 factors:
(1) the quality, availability, and
					 reliability of the supplies, materials, equipment, or service and their
					 adaptability to the particular use required;
(2) the ability, capacity, and skill of the
					 bidder;
(3) the sufficiency of the
					 bidder's financial resources;
(4)
					 the bidder's ability to provide maintenance, repair parts, and service;
(5) the compatibility with
					 existing equipment;
(6) the need
					 for flexibility in evaluating new products on a large scale before becoming
					 contractually committed for all use; and
(7) any other relevant factors.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 3 - SPECIAL CONTRACTING METHODS › Section 20.232 - Multiple Award Schedule

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
					 Government Code, §
											2155.502,
					 the comptroller will develop a schedule of multiple award contracts.
(b) All contracts on schedule shall meet the
					 following standards:
(1) have been previously
					 awarded using a competitive process by the federal government or any other
					 governmental entity in any state;
(2) have agreed to the State of Texas General
					 Terms and Conditions, including rules adopted by the comptroller;
(3) comply with all applicable state and
					 federal procurement requirements; and
(4) any other applicable federal
					 requirements.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 3 - SPECIAL CONTRACTING METHODS › Section 20.233 - Multiple Award Schedule Contract Purchases Exceeding $25,000

Current through Reg. 49, No. 28; July 12, 2024
All multiple award schedule contract purchases with a
						total value exceeding $25,000 must be posted on the ESBD after the purchase
						order has been placed. The minimum posting times in this subchapter do not
						apply.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 3 - SPECIAL CONTRACTING METHODS › Section 20.234 - Lease-Purchase Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency may
					 acquire capital equipment by lease-purchase if it is cost effective.
(b) If a proposed lease purchase is for
					 information resources technologies, as defined in Government Code, Title 10,
					 Chapter 2054, Subchapter A, the requisition must include written evidence that
					 the Department of Information Resources has approved the agency's biennial
					 operating plan. For other items, the division will determine the cost
					 effectiveness of a lease purchase. To establish cost effectiveness, the
					 requisitioning agency should submit the following information:
(1) anticipated interest charges over the
					 life of the contract;
(2)
					 anticipated cost savings which would result from outright purchase;
(3) an affirmative statement that the agency
					 reasonably expects to be able to make payments beyond the current biennium
					 without requiring an increase in appropriations;
(4) any information requested by the
					 comptroller; and
(5) any other
					 information the agency considers relevant.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 3 - SPECIAL CONTRACTING METHODS › Section 20.236 - Buying Under Contract Established by an Agency other Than Comptroller

Current through Reg. 49, No. 28; July 12, 2024
(a) A state agency may purchase goods or
					 services under a contract made by another state agency other than the
					 comptroller by complying with this rule.
(b) Before making a particular purchase from
					 a contract made by another state agency, the requesting state agency must
					 notify the division in writing that the purchase is being considered. The
					 notification must be signed by the agency's purchasing director and include a
					 confirmation that a comptroller contract does not exist for similar goods or
					 services. The agency notification should also disclose the terms of the other
					 agency contract and capabilities of the vendor. The agency notification should
					 include a justification that addresses how using the other agency contract will
					 be more advantageous than creating a new contract. Relevant factors that may be
					 considered in the justification are reduced administrative costs, increased
					 responsiveness, and aggregate purchasing power, among others.
(c) The authority to authorize a purchase
					 under a contract made by another state agency other than the comptroller
					 resides with the director. If the director determines that a lower price and
					 overall best value is available through the comptroller or the goods or
					 services are already available through a contract administered by the
					 comptroller, it will so inform the requesting agency after receipt of the
					 notification. Upon approval to use the other contract, the requesting agency
					 shall utilize established purchasing procedures for the procurement.
(d) When a contract created by another agency
					 fulfills an unmet need for more than one agency, the director may endorse the
					 contract of the other agency as a comptroller contract, and make it generally
					 available to state agencies and other qualified ordering entities as
					 appropriate.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 3 - SPECIAL CONTRACTING METHODS › Section 20.237 - Purchasing from Interstate Compacts and Cooperative Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to Government Code, §
											2156.181,
					 the comptroller may enter into compacts 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.
(b) In order for a compact or cooperative
					 purchasing agreement to be considered for execution by the comptroller, a state
					 agency shall submit a request to the comptroller that includes:
(1) a copy of the compact or the
					 agreement;
(2) documentation
					 identifying the procurement process for the requested contract;
(3) a needs assessment by the state agency
					 identifying the goods or services that the state agency intends to purchase;
					 and
(4) the evaluation criteria
					 supporting the determination that the agreement provides the best value to the
					 state or state agency for the needed goods and services.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter C - PROCUREMENT METHODS AND CONTRACT FORMATION › Division 3 - SPECIAL CONTRACTING METHODS › Section 20.238 - Texas Department of Criminal Justice Purchases

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to Government Code, §
											2155.065,
					 the comptroller is authorized to make contracts for the purchase of goods and
					 services from the Texas Department of Criminal Justice (TDCJ) for use by other
					 qualified ordering entities. The commission may notify agencies of the
					 availability of TDCJ-produced goods and services by issuing catalog pages
					 listing the approved items in a manner suited to the product available for
					 purchase.
(b) State agencies must
					 purchase such items from TDCJ unless a written waiver has been secured from
					 TDCJ.
(c) Orders for such items
					 will be placed with TDCJ in a manner mutually agreed upon. For purchases within
					 an agency's delegated authority, items not on contract may be ordered directly
					 from TDCJ based on formal or informal quotations as appropriate for the value
					 of the purchase.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter D - SOCIO-ECONOMIC PROGRAM › Division 1 - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 20.281 - Policy and Purpose

Current through Reg. 49, No. 28; July 12, 2024
It is the policy of the comptroller to encourage the use
						of historically underutilized businesses (HUBs) by state agencies and to assist
						agencies in the implementation of this policy through race, ethnic, and
						gender-neutral means. The purpose of the HUB program is to promote full and
						equal business opportunities for all businesses in an effort to remedy
						disparity in state procurement and contracting in accordance with the HUB
						utilization goals specified in the State of Texas Disparity
						Study.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter D - SOCIO-ECONOMIC PROGRAM › Division 1 - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 20.282 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						division, shall have the following meanings, unless the context clearly
						indicates otherwise. Additional applicable definitions are located in §
											20.25 of this title.
(1) Applicant--A corporation, sole
					 proprietorship, partnership, joint venture, limited liability company, or other
					 business organization that applies to the comptroller for certification as a
					 historically underutilized business.
(2) Application--The information, documents,
					 and representations submitted by an applicant that constitute its request for
					 certification as a historically underutilized business.
(3) Commodities--Any tangible
					 goods.
(4) Disparity study--The
					 State of Texas Disparity Study - 2009, conducted by MGT of America, Inc., dated
					 March 30, 2010, or any updates of the study that are prepared on behalf of the
					 state as provided by Government Code, §
											2161.002(c).
(5) Economically disadvantaged person--Has
					 the meaning assigned by Government Code, §
											2161.001(3).
(6) Graduation--When a certified HUB exceeds
					 the size standards and becomes ineligible for continued certification as a
					 result.
(7) Historically
					 underutilized business (HUB)--A business organization described in
					 subparagraphs (A) - (F) of this paragraph that is certified by the comptroller
					 because it has not exceeded the size standards established by §
											20.294 of this title, maintains
					 its principal place of business in Texas, and is:
(A) a corporation formed for the purpose of
					 making a profit in which at least 51% of all classes of the shares of stock or
					 other equitable securities are owned by one or more qualifying
					 owners;
(B) a sole proprietorship
					 created for the purpose of making a profit that is 100% owned, operated, and
					 controlled by a qualifying owner;
(C) a partnership formed for the purpose of
					 making a profit in which 51% of the assets and interest in the partnership is
					 owned by one or more qualifying owners;
(D) a joint venture in which each entity is a
					 HUB;
(E) a supplier contract
					 between a HUB and a prime contractor under which the HUB is directly involved
					 in the manufacture or distribution of the supplies or materials or otherwise
					 warehouses and ships the supplies; or
(F) a business other than described in
					 subparagraphs (B), (C), (D), and (E) of this paragraph, which is formed for the
					 purpose of making a profit and is otherwise a legally recognized business
					 organization under the laws of the State of Texas, provided that at least 51%
					 of the assets and 51% of any classes of stock and equitable securities are
					 owned by one or more qualifying owners.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter D - SOCIO-ECONOMIC PROGRAM › Division 1 - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 20.283 - Evaluation of Active Participation in the Control, Operation, and Management of Entities

Current through Reg. 49, No. 28; July 12, 2024
(a) In determining
					 the extent of active participation in the control, operation and management
					 necessary for qualification as a HUB, the comptroller may consider all relevant
					 evidence. In considering and applying the factors set forth in this subsection,
					 the comptroller will consider actual roles and responsibilities of the
					 qualifying owners, rather than titles or statements of intention regarding the
					 owners' role. Factors which may be considered include, but are not limited to:
(1) appearance and relative scope of
					 responsibility of qualifying owners in articles of incorporation or partnership
					 formation documents;
(2) duties and
					 rights of shareholders or partners relative to operational decisions affecting
					 the short term and long term goals of the business;
(3) any restrictive language in articles of
					 incorporation or partnership agreements applicable to qualifying
					 owner;
(4) whether any licenses,
					 certificates, or permits required to operate the business are held by or in the
					 name of the qualifying owner, and whether the qualifying owner is qualified to
					 hold such licenses or permits pursuant to applicable laws and
					 regulations;
(5) the percentages of
					 profit and risk available to the qualifying owner under the corporate or
					 partnership agreements;
(6) ability
					 of other owners or partners to dilute either the ownership percentage or
					 operational powers of the qualifying owner;
(7) whether the qualifying owner has full
					 time employment elsewhere that might conflict with full participation in
					 operation of the business;
(8) the
					 percentage of government versus non-government contracts performed by the
					 business where the qualifying owner actively participates in the bidding of the
					 contract or the performance of the work;
(9) the period of time a qualifying owner
					 participated in the active management and operation of the business prior to
					 the business seeking HUB status; and
(10) whether and to what extent the HUB
					 business shares management, board members, partners, employees, or other
					 resources with another business in amounts or ways which might indicate that
					 they are related or affiliated businesses.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter D - SOCIO-ECONOMIC PROGRAM › Division 1 - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 20.284 - Statewide Annual HUB Utilization Goals

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
					 with §
											20.281 of this title (relating to
					 Policy and Purpose) and Government Code, §
											2161.181 and §
											2161.182, each state
					 agency shall make a good faith effort to utilize HUBs in contracts for
					 construction, services (including professional and consulting services) and
					 commodities purchases. Each state agency may achieve the statewide and the
					 annual HUB utilization goals specified in the state agency's Legislative
					 Appropriations Request by contracting directly with HUBs or indirectly through
					 subcontracting opportunities.
(b)
					 The statewide HUB utilization goals are:
(1)
					 11.2% for heavy construction other than building contracts;
(2) 21.1% for all building construction,
					 including general contractors and operative builders contracts;
(3) 32.9% for all special trade construction
					 contracts;
(4) 23.7% for
					 professional services contracts;
(5) 26.0% for all other services contracts;
					 and
(6) 21.1% for commodities
					 contracts.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter D - SOCIO-ECONOMIC PROGRAM › Division 1 - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 20.285 - Subcontracts

Current through Reg. 49, No. 28; July 12, 2024
(a) Analyzing
					 potential contracts of $100,000 or more. In accordance with Government Code,
					 Chapter 2161, Subchapter F, each state agency that considers entering into a
					 contract with an expected value of $100,000 or more shall, before it solicits
					 responses, determine whether subcontracting opportunities are probable under
					 the contract.
(1) State agencies shall use
					 the following steps to determine if subcontracting opportunities are probable
					 under the contract:
(A) examine the scope of
					 work to be performed under the proposed contract and determine if it is likely
					 that some of the work may be performed by a subcontractor;
(B) check the HUB directory for HUBs that may
					 be available to perform the contract work; and
(C) consider whether subcontracting is
					 probable for only a subset of the work expected to be performed or the funds to
					 be expended under the contract.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter D - SOCIO-ECONOMIC PROGRAM › Division 1 - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 20.286 - State Agency Planning Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Agencies are
					 required to prepare a written HUB business plan, which shall provide for
					 increasing the utilization of HUBs in purchasing, and in public works contracts
					 in accordance with Government Code, §
											2161.123.
(b) Pursuant to Government Code, §
											2161.003, state
					 agencies shall adopt the comptroller's rules related to administering
					 Government Code, Chapter 2161, Subchapters B and C.
(c) Agencies must include a detailed report
					 with their legislative appropriations request that shows the extent to which
					 the agency complied with Government Code, Chapter 2161, and the rules of the
					 comptroller relating to HUBs. The report should include the state agency's
					 effort to identify HUBs for contracts and subcontracts, the agency's
					 utilization of HUBs, and the agency's successes and shortfalls at increasing
					 HUB participation.