Bill Text: TX HB3598 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the contract management guide for state agencies.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-30 - Referred to Government Transparency & Operation [HB3598 Detail]
Download: Texas-2017-HB3598-Introduced.html
85R13137 AAF-F | ||
By: Capriglione | H.B. No. 3598 |
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relating to the contract management guide for state agencies. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2262.005, Government Code, is amended to | ||
read as follows: | ||
Sec. 2262.005. CONSULTATION WITH INTERESTED PARTIES [ |
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vendors, and other interested parties in developing rules, forms, | ||
contract terms, guides, manuals, and criteria required under this | ||
chapter. | ||
SECTION 2. Section 2262.051, Government Code, is amended by | ||
amending Subsections (a), (b), (c), (d), and (g) and adding | ||
Subsections (i) and (j) to read as follows: | ||
(a) In consultation with the attorney general, the | ||
Department of Information Resources, the [ |
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state auditor, and state agencies that award major contracts, the | ||
comptroller [ |
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update a contract management guide for use by state | ||
agencies. Participation by the state auditor under this | ||
subsection is subject to approval by the legislative audit | ||
committee for inclusion in the audit plan under Section 321.013(c). | ||
(b) The comptroller [ |
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to develop or update the guide. | ||
(c) The guide must provide information regarding the | ||
primary duties of a contract manager, including how to: | ||
(1) develop and negotiate a contract; | ||
(2) select a contractor; [ |
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(3) monitor contractor and subcontractor performance | ||
under a contract; and | ||
(4) encourage competition for goods and services | ||
purchased by this state. | ||
(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 based on the size, nature, and | ||
type of goods or services purchased by the state agency or program | ||
and provide sufficient flexibility to accommodate those needs, | ||
consistent with protecting the interests of this state; | ||
(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. | ||
(g) The guide must establish procedures under which a state | ||
agency is required to: | ||
(1) analyze the reasons [ |
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competitive solicitation for a contract received fewer than two | ||
qualified bids; and | ||
(2) develop and implement improved procurement | ||
practices, including: | ||
(A) providing earlier notice to prospective | ||
vendors of the state agency's intent to issue a competitive | ||
solicitation; | ||
(B) expanding the time in which a prospective | ||
vendor may respond to a competitive solicitation; | ||
(C) improving up-front communication between a | ||
state agency and a prospective vendor about the state agency's | ||
needs and objectives; and | ||
(D) improving educational efforts by the state | ||
agency to understand vendor capabilities, skills, and benefits [ |
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(i) The guide must suggest best practices related to | ||
procurement metrics used by a state agency to measure and monitor | ||
the effectiveness of the state agency's procurement methods, | ||
including the: | ||
(1) number and value of procurements made by the state | ||
agency; | ||
(2) number of canceled procurements by the state | ||
agency; | ||
(3) reasons for canceled procurements; | ||
(4) common exceptions to the state agency's terms and | ||
conditions by a respondent; | ||
(5) number of responses per competitive solicitation; | ||
and | ||
(6) average length of time for each phase of the state | ||
agency's procurement processes, including the length of time: | ||
(A) between the date the state agency issues the | ||
competitive solicitation and the date the state agency begins | ||
receiving responses to the solicitation; | ||
(B) for the evaluation of responses to a | ||
competitive solicitation; | ||
(C) of the negotiation between the state agency | ||
and a vendor; and | ||
(D) between the date the state agency issues the | ||
competitive solicitation and the date the state agency awards a | ||
contract to a vendor. | ||
(j) The guide may include references to procurement | ||
maturity models and procurement readiness assessments used by other | ||
large public and private enterprises. | ||
SECTION 3. This Act takes effect September 1, 2017. |