Bill Text: TX SB1026 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to purchasing standards for state agencies and institutions of higher education, including standards for contracting with historically underutilized businesses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-18 - Referred to Business & Commerce [SB1026 Detail]
Download: Texas-2021-SB1026-Introduced.html
87R8638 MWC-F | ||
By: West | S.B. No. 1026 |
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relating to purchasing standards for state agencies and | ||
institutions of higher education, including standards for | ||
contracting with historically underutilized businesses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2155.074(b), Government Code, is amended | ||
to read as follows: | ||
(b) In determining the best value for the state, the | ||
purchase price and whether the goods or services meet | ||
specifications are the most important considerations. However, the | ||
comptroller or other state agency may, subject to Subsection (c) | ||
and Section 2155.075, consider other relevant factors, including: | ||
(1) installation costs; | ||
(2) life cycle costs; | ||
(3) the quality and reliability of the goods and | ||
services; | ||
(4) the delivery terms; | ||
(5) indicators of probable vendor performance under | ||
the contract such as past vendor performance, the vendor's | ||
financial resources and ability to perform, the vendor's experience | ||
or demonstrated capability and responsibility, and the vendor's | ||
ability to provide reliable maintenance agreements and support; | ||
(6) the cost of any employee training associated with | ||
a purchase; | ||
(7) the effect of a purchase on agency productivity; | ||
(8) the vendor's anticipated economic impact to the | ||
state or a subdivision of the state, including potential tax | ||
revenue and employment; [ |
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(9) any effort beyond the minimally required good | ||
faith effort to include historically underutilized businesses in | ||
the contract; and | ||
(10) other factors relevant to determining the best | ||
value for the state in the context of a particular purchase. | ||
SECTION 2. Section 2161.065, Government Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) Participation in the program may be used as a component | ||
of an outreach plan to promote inclusivity of historically | ||
underutilized businesses beyond the minimally required good faith | ||
effort. | ||
SECTION 3. Section 51.9335(b), Education Code, is amended | ||
to read as follows: | ||
(b) In determining what is the best value to an institution | ||
of higher education, the institution shall consider: | ||
(1) the purchase price; | ||
(2) the reputation of the vendor and of the vendor's | ||
goods or services; | ||
(3) the quality of the vendor's goods or services; | ||
(4) the extent to which the goods or services meet the | ||
institution's needs; | ||
(5) [ |
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comply with laws and rules relating to historically underutilized | ||
businesses and to the procurement of goods and services from | ||
persons with disabilities; | ||
(6) any effort beyond the minimally required good | ||
faith effort to include historically underutilized businesses in | ||
the contract; | ||
(7) the total long-term cost to the institution of | ||
acquiring the vendor's goods or services; | ||
(8) any other relevant factor that a private business | ||
entity would consider in selecting a vendor; and | ||
(9) the use of material in construction or repair to | ||
real property that is not proprietary to a single vendor unless the | ||
institution provides written justification in the request for bids | ||
for use of the unique material specified. | ||
SECTION 4. This Act takes effect September 1, 2021. |