Tex.
Gov't Code Section 2155.082
Providing Certain Purchasing Services on Fee-for-service Basis or Through Benefit Funding
(a)
The comptroller may provide open market purchasing services on a fee-for-service basis for state agency purchases that are delegated to an agency under Section 2155.131 (Delegation of Authority to State Agencies), 2155.132 (Purchases Less than Specified Monetary Amount), or 2157.121 (Acquisition Through Competitive Sealed Proposals) or that are exempted from the purchasing authority of the comptroller. The comptroller shall set the fees in an amount that recovers the comptroller’s costs in providing the services.(b)
The comptroller shall publish a schedule of fees for services that are subject to this section. The schedule must include the comptroller’s fees for:(1)
reviewing bid and contract documents for clarity, completeness, and compliance with laws and rules;(2)
developing and transmitting invitations to bid;(3)
receiving and tabulating bids;(4)
evaluating and determining which bidder offers the best value to the state;(5)
creating and transmitting purchase orders; and(6)
participating in agencies’ request for proposal processes.(c)
If the state agency on behalf of which the procurement is to be made agrees, the comptroller may engage a consultant to assist with a particular procurement on behalf of a state agency and pay the consultant from the cost savings realized by the state agency.(1)
is otherwise exempt from the comptroller’s purchasing authority or the application of this subtitle;(2)
is made under delegated purchasing authority;(3)
is related to a construction project; or(4)
is a procurement of professional or consulting services.(b)
Repealed by Acts 2001, 77th Leg., ch. 1422, Sec. 7.07, eff. September 1, 2001.(c)
The comptroller shall operate the electronic state business daily for state agencies and other eligible entities to advertise pre-solicitation notices, solicitations, and contract awards.(d)
The comptroller shall make the electronic state business daily available on the Internet.(e)
To accommodate businesses that do not have the technical means to access the electronic state business daily, governmental and nongovernmental entities such as public libraries, chambers of commerce, trade associations, small business development centers, economic development departments of local governments, and state agencies may provide public access to the electronic state business daily but may not charge a fee for providing access to the electronic state business daily under this subsection.(f)
The comptroller and other state agencies may not charge a fee designed to recover the cost of preparing and gathering the information that is published in the electronic state business daily. These costs are considered part of a procuring agency’s responsibility to publicly inform potential bidders or offerors of its procurement opportunities.(g)
A state agency shall post in the electronic state business daily either the entire bid or proposal solicitation package or a notice that includes all information necessary to make a successful bid, proposal, or other applicable expression of interest for the procurement contract, including at a minimum the following information for each procurement that the state agency will make that is estimated to exceed $25,000 in value:(1)
a brief description of the goods or services to be procured and any applicable state product or service codes for the goods and services;(2)
the last date on which bids, proposals, or other applicable expressions of interest will be accepted;(3)
the estimated quantity of goods or services to be procured;(4)
if applicable, the previous price paid by the state agency for the same or similar goods or services;(5)
the estimated date on which the goods or services to be procured will be needed; and(6)
the name, business mailing address, business e-mail address, and business telephone number of the state agency employee a person may contact to inquire about all necessary information related to making a bid or proposal or other applicable expression of interest for the procurement contract.(h)
The state agency shall continue to either:(1)
post notice of the procurement in accordance with Subsection (g) until the latest of 21 calendar days after the date the notice is first posted; the date the state agency will no longer accept bids, proposals, or other applicable expressions of interest for the procurement; or the date the state agency decides not to make the procurement; or(2)
post the entire bid or proposal solicitation package in accordance with Subsection (g) until the latest of 14 calendar days after the date the bid or proposal solicitation package is first posted; the date the state agency will no longer accept bids, proposals, or other applicable expressions of interest for the procurement; or the date the state agency decides not to make the procurement.(i)
A state agency may not award the procurement contract and shall continue to accept bids or proposals or other applicable expressions of interest for the procurement contract for at least 21 calendar days after the date the state agency first posted notice of the procurement in accordance with Subsection (g) or 14 calendar days after the date the state agency first posted the entire bid or proposal solicitation package in accordance with Subsection (g), as applicable. The minimum time for posting required by this subsection and Subsection (h) does not apply in an emergency requiring the state agency to make the procurement more quickly to prevent a hazard to life, health, safety, welfare, or property or to avoid undue additional cost to the state.(j)
A contract or procurement award made by a state agency that violates the applicable minimum time for posting required by Subsections (h) and (i) is void.(k)
Each state agency that will award a procurement contract estimated to exceed $25,000 in value shall post in the electronic state business daily:(1)
the information required by this section to be posted in the electronic state business daily; and(2)
a notice when the procurement contract has been awarded or when the state agency has decided to not make the procurement.(l)
Repealed by Acts 2003, 78th Leg., ch. 785, Sec. 75(2).(m)
The requirements of this section are in addition to the requirements of other law relating to the solicitation of bids, proposals, or expressions of interest for a procurement by a state agency. This section does not affect whether a state agency is required to award a procurement contract through competitive bidding, competitive sealed proposals, or another method.(n)
This section does not apply to a state agency to which Section 51.9335 (Acquisition of Goods and Services) or 73.115 (Acquisition of Goods and Services), Education Code, applies.
Source:
Section 2155.082 — Providing Certain Purchasing Services on Fee-for-service Basis or Through Benefit Funding, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm#2155.082 (accessed Apr. 20, 2024).
