83 rd Legislature Update on State Procurement and Contracting

Rep. Flynn HB 16

What’s It About? From now on, we must post: Audit plans Annual Reports Summary of weaknesses, deficiencies, wrongdoings, and concerns Actions taken to address concerns raised in Audits

Rep. Farias HB 194

What’s It About? Service Disabled Veterans now qualify for the HUB program if: They live in Texas They have 20% or greater disability rating

Rep. Workman HB 586

What’s It All About, Alfie? WAIVES sovereign immunity for design and construction claims on state contracts. Does not apply to TXDOT construction and design contracts.

Rep. Howard HB 768

What’s It About? Adds “technology facility” to the list of qualifying projects subject to the Public and Private Facilities and Infrastructure requirements of Ch. 2267, Government Code.

Wait….what? 2267 is the chapter that addresses private-public partnerships for construction

Rep. Callegari HB 1050

What’s It About? Reciprocity! Analyze the home state of the vendor AND the state in which the vendor is a manufacturer

AND…… It amends Ch. 2267…. the OTHER Ch. 2267…. the one that deals with Contracting and Delivery for Construction Projects

Rep. Herrero HB 1128

What’s It About? Agencies with 1,500 employees or more must: Have a web page for employees to submit efficiency suggestions Allow the public to vote on their favorite suggestions

Rep. Harper-Brown HB 1487

What’s It About? If an agency awards a grant for more than $25,000, it must post on the Web the general purpose of the grant and send link to the Comptroller for a comprehensive grants page.

Rep. Bohac HB 1726

What’s It About? Comptroller MAY contract with a CRP for shipping coordination services. Services are paid from savings achieved.

Rep. Harper-Brown HB 1965

What’s It About? CAT reviews now for $10M and more. CAT to do risk assessments based on appropriations, contract value, and impact on health, safety, and well-being of citizens.

What’s It About? After you get your CAT review, you must respond to any recommendations you don’t accept. HHSC, TFC and one small agency TBD is added to the CAT. The OAG is now legal counsel.

Rep. Reynolds HB 1994

What’s It About? Allows agencies to buy IT Commodities through local government contracts IF DIR certifies that the commodity is not available under a DIR contract.

Rep. John Davis HB 2015

What’s It About? Requires government contractors to properly classify their employees and independent subcontractors. Penalties may (will) apply.

Rep. Larry Gonzales HB 2422

What’s It About? Encourages agencies to consider advanced Internet-based computing services when purchasing major information resources.

Rep. Cook HB 2472

What’s It About?

Continues DIR and TPASS. Has us create a Procurement Coordination Committee. Will be reviewed in 2021.

Rep. Elkins HB 2738

What’s It About? DIR will be conducting a study to identify legacy systems and submit a report by October 1, 2014 with recommendations on modernization.

Rep. Harper-Brown HB 2873

What’s It About? CAT will identify “low-risk” contracts and develop a contract management process for them.

Rep. Elkins HB 3093

What’s It About? DIR will develop, with the QAT, contracting standards for information resources technology acquisitions and purchased services. Will also be looking for ways to increase efficiency, customer service, and transparency.

Rep. Cook HB 3116

What’s It About?

Rep. Harper-Brown HB 3648

What’s It About? Has several requirements: 1. Awarded contracts must substantially comply with the terms and conditions considered in awarding the contract.

What’s It About? 2. Contract amendments must be considered by governing bodies if the amendment makes a material change (extending length by six or more months or increasing the value by 10% or more).

What’s It About? 3. Reciprocity analysis now requires consideration of the state in which the majority of the manufacturing will be performed. 4. Adds preference considerations that only apply to TxDOT.

Sen. Nelson SB 59

What’s It About? Repeals Sec (c), Government Code, which required agencies to include purchased recycled, remanufactured, and environmentally sensitive commodities/services in their Annual Reports.

And…. Also repeals the requirement to report “group purchasing” in the Annual and Semi-Annual HUB Reports. Lastly, repeals the requirement to separate term contract HUB numbers from agencies’ other purchases.

Sen. Carona SB 328

What’s It About? Enables agencies to directly contract with chambers of commerce for outreach services.

Sen. Davis SB 1368

What’s It About? State contracts that create or exchange public information must have a clause that requires the vendor to make the information available to the public, unless an exception under Ch. 552, Gov’t Code, applies.

Sen. Zaffirini SB 1681

What’s It About? 1. Requires the Comptroller to establish rules that exclude small and routine contracts from CAT review. 2. Contract managers must not only have training, BUT the CTCM certification.

What’s It About? 3. Members of governing bodies must take an abbreviated contract management course. 4. The Comptroller must develop and run a vendor performance tracking system. 5. CAT reviews are for contracts with value of $10M or more.

What’s It About? 6. CAT must perform risk assessments based on appropriations, contract value, and health, safety and well- being of residents. 7. Agencies must provide written explanation when not following a CAT recommendation.

What’s It About? 8. CAT may develop a streamlined process for low-risk contracts. 9. Adds HHSC, TFC and a small agency TBD to the CAT. 10. Moves the OAG to legal counsel.

What’s It About? 11. Requires the Comptroller to develop clause for noncompliance. 12. Comptroller must develop uniform forms/templates for agencies to use at various stages of contracting.