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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [$5,000]; and
               (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; [and]
               (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; [and]
               (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.
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