Bill Text: TX HB2335 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to state contracting issues, including the duties of the comptroller, quality assurance team, and Contract Advisory Team.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-15 - Left pending in committee [HB2335 Detail]
Download: Texas-2013-HB2335-Introduced.html
83R8674 MTB-D | ||
By: Harper-Brown | H.B. No. 2335 |
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relating to state contracting issues, including the duties of the | ||
comptroller, quality assurance team, and Contract Advisory Team. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2054.158, Government Code, is amended to | ||
read as follows: | ||
Sec. 2054.158. QUALITY ASSURANCE TEAM; DUTIES. (a) The | ||
state auditor, Legislative Budget Board, and department shall: | ||
(1) create a quality assurance team to perform the | ||
duties specified in this chapter and other law; and | ||
(2) specify in writing the responsibilities of the | ||
state auditor, Legislative Budget Board, and department in | ||
performing the duties. | ||
(b) The quality assurance team shall: | ||
(1) develop and recommend policies and procedures to | ||
improve state agency contract management practices; | ||
(2) develop and recommend procedures to improve | ||
value-based decision making in state agency contracting practices; | ||
and | ||
(3) monitor state agencies to determine whether the | ||
agencies are meeting the needs of the persons to whom the agencies | ||
provide services. | ||
SECTION 2. Subchapter B, Chapter 2155, Government Code, is | ||
amended by adding Sections 2155.088 and 2155.089 to read as | ||
follows: | ||
Sec. 2155.088. REPORTING VENDOR PERFORMANCE. (a) After a | ||
contract is completed or otherwise terminated, each state agency | ||
shall review the vendor's performance under the contract. | ||
(b) The state agency shall report to the comptroller, using | ||
the tracking system described by Section 2155.089, on the results | ||
of the review regarding a vendor's performance under a contract. | ||
Sec. 2155.089. VENDOR PERFORMANCE TRACKING SYSTEM. (a) | ||
The comptroller shall evaluate a vendor's performance based on the | ||
information reported under Section 2155.088 and criteria | ||
established by the comptroller. | ||
(b) The comptroller shall establish an evaluation process | ||
that allows vendors who receive an unfavorable performance review | ||
to protest any classification given by the comptroller. | ||
(c) The comptroller shall include the performance reviews | ||
in a vendor performance tracking system. | ||
(d) A state agency shall use the vendor performance tracking | ||
system to determine whether to award a contract to a vendor reviewed | ||
in the database. | ||
(e) The comptroller shall make the vendor performance | ||
tracking system accessible to the public on the comptroller's | ||
Internet website. | ||
SECTION 3. Section 2155.132(e), Government Code, is amended | ||
to read as follows: | ||
(e) Competitive bidding, whether formal or informal, is | ||
required for a purchase by a state agency if the purchase: | ||
(1) exceeds $25,000 [ |
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(2) is made under a written contract. | ||
SECTION 4. Section 2262.051(d), Government Code, is amended | ||
to read as follows: | ||
(d) The guide must include model provisions for state agency | ||
contracts. The guide must: | ||
(1) distinguish between essential provisions that a | ||
state agency must include in a contract to protect the interests of | ||
this state and recommended provisions that a state agency may | ||
include in a contract; | ||
(2) recognize the unique contracting needs of an | ||
individual state agency or program and provide sufficient | ||
flexibility to accommodate those needs, consistent with protecting | ||
the interests of this state; [ |
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(3) include maximum contract periods under which a new | ||
competitive solicitation is not necessary; and | ||
(4) include the model contract management process | ||
developed under Section 2262.104 and recommendations on the | ||
appropriate use of the model. | ||
SECTION 5. Section 2262.101, Government Code, is amended to | ||
read as follows: | ||
Sec. 2262.101. CREATION; DUTIES. The Contract Advisory Team | ||
is created to assist state agencies in improving contract | ||
management practices by: | ||
(1) reviewing the solicitation of major contracts by | ||
state agencies; | ||
(2) reviewing any findings or recommendations made by | ||
the state auditor, including those made under Section 2262.052(b), | ||
regarding a state agency's compliance with the contract management | ||
guide; [ |
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(3) providing recommendations to the commission | ||
regarding: | ||
(A) the development of the contract management | ||
guide; and | ||
(B) the training under Section 2262.053; | ||
(4) developing and recommending policies and | ||
procedures to improve state agency contract management practices; | ||
(5) developing and recommending procedures to improve | ||
value-based decision making in state agency contracting practices; | ||
and | ||
(6) monitoring state agencies to determine whether the | ||
agencies are meeting the needs of the persons to whom the agencies | ||
provide services. | ||
SECTION 6. Subchapter C, Chapter 2262, Government Code, is | ||
amended by adding Section 2262.104 to read as follows: | ||
Sec. 2262.104. LOW-RISK CONTRACTS. The Contract Advisory | ||
Team shall identify the types of procurements that pose a low risk | ||
of loss to the state and develop a model contract management process | ||
for use with those procurements. | ||
SECTION 7. The change in law made by this Act applies only | ||
to a solicitation of bids or proposals or other similar expression | ||
of interest made on or after the effective date of this Act. A | ||
solicitation of bids or proposals or other similar expression of | ||
interest made before the effective date of this Act is governed by | ||
the law in effect on the date the solicitation or other similar | ||
expression of interest is made, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 8. This Act takes effect September 1, 2013. |