(a) Except as provided for in subsection (b) of this
section, state agencies must purchase from Department of Information
Resources (DIR) cooperative contracts those automated information
systems that are designated as commodity items by Government Code, §2157.068.
(b) A state agency is not required to use DIR cooperative
contracts to purchase a commodity item if:
(1) the state agency has obtained an exemption from
DIR for the purchase of the commodity item;
(2) DIR has certified in writing that the commodity
item is not available for purchase under an existing DIR cooperative
contract;
(3) the state agency has obtained approval from the
Legislative Budget Board under Government Code, §2157.068(f),
for the purchase of the commodity item;
(4) the contract for the commodity item is valued at
more than $5 million; or
(5) the state agency is otherwise exempt from Government
Code, §2157.068.
(c) The comptroller designates the request for offers
method as the primary purchasing method for procuring automated information
systems, including commodity items not procured through DIR. However,
in addition to the request for offers method, state agencies may purchase
automated information systems using a purchasing method designated
by the comptroller to obtain best value for the state.
(d) The procurement of automated information systems
must comply with the procurement manual and contract management guide
described in §20.131 of this title (relating to Procurement Manual
and Contract Management Guide).
(e) The determination of best value for the purchase
of an automated information system is governed by Government Code, §2157.003.
(f) The request for offers method is a direct purchase
or lease method that contains, at a minimum, the following:
(1) publication of an open and competitive solicitation,
in writing, seeking request for offers for the needed automated information
system;
(2) evaluation of written offers received from qualified
vendors as defined in subsection (g) of this section;
(3) disqualification of offers from vendors that do
not meet the minimum requirements of the request for offer or that
are not capable of providing the needed automated information system;
and
(4) award to the qualified vendor or vendors providing
best value to the state.
(g) A qualified vendor for purposes of this section
is a vendor that meets the minimum requirements of the request for
offers and is capable, as determined by the state agency, of providing
the needed automated information system.
(h) If a state agency believes that the needed automated
information system may be proprietary to one vendor under Government
Code, §2155.067, it shall include the following statement in
bold and prominent type at the beginning of the request for offer: "Although
the requested items in this request for offers appear to be proprietary
to one vendor under Government Code, §2155.067, all qualified
respondents that may be able to provide the requested items are encouraged
to submit offers."
(i) A state agency does not need approval or delegation
of authority from the comptroller to use the request for offers method.
(j) The request for offers method permits negotiation
of contracts, including negotiation of price.
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