CHAPTER 2157. PURCHASING: PURCHASE OF AUTOMATED INFORMATION SYSTEMS

State Codes and Statutes

Statutes > Texas > Government-code > Title-10-general-government > Chapter-2157-purchasing-purchase-of-automated-information-systems

GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE D. STATE PURCHASING AND GENERAL SERVICES

CHAPTER 2157. PURCHASING: PURCHASE OF AUTOMATED INFORMATION

SYSTEMS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2157.001. DEFINITIONS. In this chapter:

(1) "Automated information system" includes:

(A) the computers and computer devices on which an information

system is automated, including computers and computer devices

that the commission identifies in guidelines developed by the

commission in consultation with the department and in accordance

with Chapter 2054 and rules adopted under that chapter;

(B) a service related to the automation of an information

system, including computer software or computers;

component of a voice, data, or video communications network for

transmitting, switching, routing, multiplexing, modulating,

amplifying, or receiving signals on the network, and services

related to telecommunications that are not covered under

Paragraph (D); and

(D) for the department, as telecommunications provider for the

state, the term includes any service provided by a

telecommunications provider, as that term is defined by Section

51.002, Utilities Code.

(2) "Department" means the Department of Information Resources.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 952, Sec. 1, eff.

Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 18.25, eff.

Sept. 1, 1999; Acts 1999, 76th Leg., ch. 426, Sec. 10, eff. June

18, 1999; Acts 2001, 77th Leg., ch. 1422, Sec. 4.13, eff. Sept.

1, 2001; Acts 2003, 78th Leg., ch. 309, Sec. 7.25, eff. June 18,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1068, Sec. 2.02, eff. September 1, 2005.

For expiration of this section, see Section 2151.0041.

Sec. 2157.0011. TRANSFER OF DUTIES; REFERENCE. (a) The powers

and duties of the commission under this chapter are transferred

to the comptroller.

(b) In this chapter, a reference to the commission means the

comptroller.

Added by Acts 2007, 80th Leg., R.S., Ch.

937, Sec. 1.19, eff. September 1, 2007.

Sec. 2157.0012. AUTHORITY TO ADOPT RULES. The comptroller may

adopt rules to efficiently and effectively administer this

chapter. Before adopting a rule under this section, the

comptroller must conduct a public hearing regarding the proposed

rule regardless of whether the requirements of Section

2001.029(b) are met.

Added by Acts 2007, 80th Leg., R.S., Ch.

937, Sec. 1.19, eff. September 1, 2007.

Sec. 2157.002. APPLICABILITY. Subchapters A, B, and D apply

only to a state agency to which Chapter 2054 applies.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,

1995.

Sec. 2157.003. DETERMINING BEST VALUE FOR PURCHASES OF AUTOMATED

INFORMATION SYSTEMS. "Best value" for purposes of this chapter

means the lowest overall cost of an automated information system.

In determining the lowest overall cost for a purchase or lease

of an automated information system under this chapter, the

commission or a state agency shall consider factors including:

(1) the purchase price;

(2) the compatibility to facilitate the exchange of existing

data;

(3) the capacity for expanding and upgrading to more advanced

levels of technology;

(4) quantitative reliability factors;

(5) the level of training required to bring persons using the

system to a stated level of proficiency;

(6) the technical support requirements for the maintenance of

data across a network platform and the management of the

network's hardware and software;

(7) the compliance with applicable department statewide

standards validated by criteria adopted by the department by

rule; and

(8) applicable factors listed in Sections 2155.074 and 2155.075.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 18, eff.

Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

1068, Sec. 2.03, eff. September 1, 2005.

Sec. 2157.004. TRANSFERS AND LOANS. A state agency that

acquires a telecommunications device, system, or service or an

automated information system by interagency transfer, contract,

or loan, or by public loan, shall comply with the requirements of

Chapter 2054.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,

1995.

Sec. 2157.006. PURCHASING METHODS. (a) The commission or

other state agency shall purchase an automated information system

using:

(1) the purchasing method described by Section 2157.068 for

commodity items; or

(2) a purchasing method designated by the commission to obtain

the best value for the state, including a request for offers

method.

(b) A local government may purchase an automated information

system using a method listed under Subsection (a). A local

government that purchases an item using a method listed under

Subsection (a) satisfies any state law requiring the local

government to seek competitive bids for the purchase of the item.

methods under Subsection (a)(2).

Added by Acts 2007, 80th Leg., R.S., Ch.

1081, Sec. 9, eff. September 1, 2007.

SUBCHAPTER B. COMMODITY ITEMS

Text of section as repealed by Acts 2007, 80th Leg., R.S., Ch.

1081, Sec. 16

Text of section as amended by Acts 2007, 80th Leg., R.S., Ch.

1354, Sec. 2

Without reference to the amendment of this section, this section

was repealed by Acts 2007, 80th Leg., R.S., Ch.

1081, Sec. 16(3), eff. September 1, 2007.

Sec. 2157.0611. REQUIREMENT TO EVALUATE THREE OFFERS WHEN

POSSIBLE. A catalog purchase or lease that exceeds $5,000 or

that is made under a written contract shall, when possible, be

based on an evaluation of at least three catalog offers made to

the commission or other state agency by catalog information

systems vendors. If at least three catalog offers are not

evaluated by the commission or other state agency before a

purchase or lease is made that exceeds the threshold amount or is

made under a written contract, the commission or other agency

shall document the reasons for that fact before making the

purchase or lease under Section 2157.063.

Added by Acts 1997, 75th Leg., ch. 1206, Sec. 20, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 426, Sec. 12, eff.

June 18, 1999; Acts 2003, 78th Leg., ch. 309, Sec. 7.12, eff.

June 18, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1081, Sec. 16(3), eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1354, Sec. 2, eff. September 1, 2007.

Sec. 2157.068. PURCHASE OF INFORMATION TECHNOLOGY COMMODITY

ITEMS. (a) In this section, "commodity items" means commercial

software, hardware, or technology services, other than

telecommunications services, that are generally available to

businesses or the public and for which the department determines

that a reasonable demand exists in two or more state agencies.

The term includes seat management, through which a state agency

transfers its personal computer equipment and service

responsibilities to a private vendor to manage the personal

computing needs for each desktop in the state agency, including

all necessary hardware, software, and support services.

(b) The department shall negotiate with vendors to attempt to

obtain a favorable price for all of state government on licenses

for commodity items, based on the aggregate volume of purchases

expected to be made by the state. The terms and conditions of a

license agreement between a vendor and the department under this

section may not be less favorable to the state than the terms of

similar license agreements between the vendor and retail

distributors.

department shall make good faith efforts to provide contracting

opportunities for, and to increase contract awards to,

historically underutilized businesses and persons with

disabilities' products and services available under Chapter 122,

Human Resources Code.

(d) The department may charge a reasonable administrative fee to

a state agency, political subdivision of this state, or

governmental entity of another state that purchases commodity

items through the department in an amount that is sufficient to

recover costs associated with the administration of this section.

(e) The department shall compile and maintain a list of

commodity items available for purchase through the department

that have a lower price than the prices for commodity items

otherwise available to state agencies under this chapter. The

department shall make the list available on the world wide web or

on a suitable successor to the world wide web if the

technological developments involving the Internet make it

advisable to do so.

(f) The department may adopt rules regulating a purchase by a

state agency of a commodity item under this section, including a

requirement that, notwithstanding other provisions of this

chapter, the agency must make the purchase in accordance with a

contract developed by the department unless the agency obtains:

(1) an exemption from the department; or

(2) express prior approval from the Legislative Budget Board for

the expenditure necessary for the purchase.

(g) The Legislative Budget Board's approval of a biennial

operating plan under Section 2054.102 is not an express prior

approval for purposes of Subsection (f)(2). A state agency must

request an exemption from the department under Subsection (f)(1)

before seeking prior approval from the Legislative Budget Board

under Subsection (f)(2).

(h) The department shall, in cooperation with state agencies,

establish guidelines for the classification of commodity items

under this section. The department may determine when a

statewide vendor solicitation for a commodity item will reduce

purchase prices for a state agency.

(i) Unless the agency has express statutory authority to employ

a best value purchasing method other than a purchasing method

designated by the commission under Section 2157.006(a)(2), a

state agency shall use a purchasing method provided by Section

2157.006(a) when purchasing a commodity item if:

(1) the agency has obtained an exemption from the department or

approval from the Legislative Budget Board under Subsection (f);

(2) the agency is otherwise exempt from this section.

Added by Acts 1999, 76th Leg., ch. 860, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 309, Sec. 7.17, eff.

June 18, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1068, Sec. 1.08, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1081, Sec. 11, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1081, Sec. 12, eff. September 1, 2007.

SUBCHAPTER C. REQUESTS FOR PROPOSALS PURCHASE METHOD

Sec. 2157.121. ACQUISITION THROUGH COMPETITIVE SEALED PROPOSALS.

(a) The commission or other state agency may acquire a

telecommunications device, system, or service or an automated

information system by using competitive sealed proposals if the

commission determines that competitive sealed bidding and

informal competitive bidding are not practical or are

disadvantageous to the state.

(b) A state agency, other than the department, shall send its

proposal specifications and criteria to the commission for

approval or request the commission to develop the proposal

specifications and criteria.

system, or service or an automated information system by using

competitive sealed proposals without regard to whether the

commission makes the determination required under Subsection (a)

for other state agencies.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 21, eff.

Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1422, Sec. 4.14, eff.

Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1068, Sec. 2.06, eff. September 1, 2005.

Sec. 2157.122. SOLICITATION OF PROPOSALS; PUBLIC NOTICE. The

commission or other state agency shall:

(1) solicit proposals under this subchapter by a request for

proposals; and

(2) give public notice of the request in the manner provided for

requests for bids under Subchapter B, Chapter 2156.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 21, eff.

Sept. 1, 1997.

Sec. 2157.123. OPENING AND FILING PROPOSALS; PUBLIC INSPECTION.

(a) The commission or other state agency shall avoid disclosing

the contents of each proposal on opening the proposal and during

negotiations with competing offerors.

(b) The commission or other state agency shall file each

proposal in a register of proposals, which, after a contract is

awarded, is open for public inspection unless the register

contains information that is excepted from required disclosure

under Subchapter C, Chapter 552.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 21, eff.

Sept. 1, 1997.

Sec. 2157.124. DISCUSSION AND REVISION OF PROPOSAL. (a) As

provided by a request for proposals and under commission rules,

the commission or other state agency may discuss an acceptable or

potentially acceptable proposal with an offeror to assess the

offeror's ability to meet the solicitation requirements. When the

commission is managing the request for proposals process, it

shall invite a requisitioning agency to participate in

discussions conducted under this section.

(b) After receiving a proposal but before making an award, the

commission or other state agency may permit an offeror to revise

a proposal to obtain the best final offer.

information derived from a proposal submitted by a competing

offeror in conducting discussions under this section.

(d) The commission or other state agency shall provide each

offeror an equal opportunity to discuss and revise proposals.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 21, eff.

Sept. 1, 1997.

Sec. 2157.125. CONTRACT AWARD; FACTORS CONSIDERED. (a) The

commission or other state agency shall make a written award of a

purchase or lease to the offeror whose proposal under this

subchapter offers the best value for the state, considering

price, past vendor performance, vendor experience or demonstrated

capability, and the evaluation factors in the request for

proposals.

(b) The commission or other state agency shall refuse all offers

if no offer submitted is acceptable.

the best value for the state, the commission or other state

agency shall, when applicable and subject to Sections 2155.074

and 2155.075, consider factors including:

(1) the installation cost;

(2) the overall life of the system or equipment;

(3) the cost of acquisition, operation, and maintenance of

hardware included with, associated with, or required for the

system or equipment during the state's ownership or lease;

(4) the cost of acquisition, operation, and maintenance of

software included with, associated with, or required for the

system or equipment during the state's ownership or lease;

(5) the estimated cost of other supplies needed because of the

acquisition;

(6) the estimated cost of employee training needed because of

the acquisition;

(7) the estimated cost of necessary additional permanent

employees because of the acquisition; and

(8) the estimated increase in employee productivity because of

the acquisition.

(d) The commission or other state agency shall state in writing

in the contract file the reasons for making an award.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 21, eff.

Sept. 1, 1997.

Sec. 2157.126. RULES. The commission shall adopt rules

necessary or convenient to perform its responsibilities regarding

requests for proposals under this subchapter and shall request

assistance from other state agencies as needed.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,

1995.

SUBCHAPTER D. PREAPPROVED CONTRACT TERMS AND CONDITIONS

Sec. 2157.181. PREAPPROVED CONTRACT TERMS AND CONDITIONS. (a)

The commission, with the concurrence of the department, may

negotiate with vendors preapproved terms and conditions to be

included in contracts relating to the purchase or lease of a

telecommunication device, system, or service or an automated

information system awarded to a vendor by a state agency.

(b) The commission and the department must agree to the wording

of preapproved terms and conditions negotiated with a vendor.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,

1995.

Amended by:

Acts 2005, 79th Leg., Ch.

1068, Sec. 2.07, eff. September 1, 2005.

Sec. 2157.182. VALIDITY OF PREAPPROVED TERMS AND CONDITIONS;

RENEGOTIATION. (a) Preapproved terms and conditions to which a

vendor, the commission, and the department agree are valid for

two years after the date of the agreement and must provide that

the terms and conditions are to be renegotiated before the end of

the two years.

(b) The commission and the department jointly shall establish

procedures to ensure that terms and conditions are renegotiated

before they expire in a contract between the vendor and a state

agency.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,

1995.

Amended by:

Acts 2005, 79th Leg., Ch.

1068, Sec. 2.08, eff. September 1, 2005.

Sec. 2157.183. PREAPPROVED TERM OR CONDITION PART OF CONTRACT;

CHANGE OF TERM OR CONDITION. (a) Preapproved terms and

conditions must be part of any contract between a state agency

and a vendor that has agreed to them.

(b) A preapproved term or condition that is changed remains

valid for an existing contract of which it is part but must be

renegotiated before it may be part of another or a renewed

contract.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,

1995.

Sec. 2157.184. NOTIFICATION OF STATE AGENCIES AND VENDORS. The

commission and the department jointly shall establish procedures

to notify state agencies and potential vendors of the provisions

of this subchapter regarding preapproved terms and conditions.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,

1995.

Amended by:

Acts 2005, 79th Leg., Ch.

1068, Sec. 2.09, eff. September 1, 2005.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!