| (a) The purpose of this section is to provide for the
efficient and effective administration of the provisions of the Government
Code relating to certain contract awards by the division in compliance
with Government Code, §2155.086.
(b) Except as otherwise provided, this section applies
to the award of a contract by the division that:
(1) relates to the powers and duties transferred to
the comptroller under Government Code, §2151.004(d);
(2) is reasonably expected by the division at the time
of the award to have a value of $100,000 or more over the life of
the contract; and
(3) is evaluated based wholly or partly on best value
factors other than cost.
(c) This section does not apply to:
(1) the award of a contract by the chief clerk on behalf
of divisions of the comptroller other than the division, or for multiple
divisions of the comptroller that also include the division, that
do not relate to the powers and duties transferred to the comptroller
under Government Code, §2151.004(d);
(2) the award of a contract by any state agency, local
government or any other authorized entity under a statewide or master
contract established by the division, including without limitation,
a state term contract or Texas multiple award schedule contract;
(3) any part of the contracting process other than
the award, including without limitation planning, budgeting, solicitation,
pre-response conference, respondent presentation, evaluation, development
of staff or evaluation committee recommendations, negotiation, and
signature;
(4) a renewal, extension, or amendment of a contract
provided for in the written solicitation for the original contract;
(5) an emergency purchase or other contract award for
which delay would create a hazard to life, health, safety, welfare,
or property or would cause undue additional cost to the state;
(6) the award of a contract by any state agency, local
government or any other authorized entity under a contract that is
not subject to or otherwise exempt from submission to, delegation
by or other authority of the division; or
(7) reverse auctions or any other purchase method that
does not involve consideration and evaluation, prior to contract award,
by the division on best value evaluation factors other than cost.
(d) As used in this section, the chief clerk of the
comptroller includes the chief clerk or his or her designee.
(e) To award a contract to which this section applies,
the chief clerk shall chair and conduct a public meeting to make the
contract award. The chief clerk shall determine the time and location
for the meeting. The meeting must comply with the applicable provisions
of Government Code, Chapter 551, including requirements relating to
posting notice of the meeting. The division shall post notice of the
meeting on its website and in the state business daily. The office
of the attorney general shall advise the chief clerk and the division
on the applicable provisions of Chapter 551 upon request.
(f) Before the open meeting, the chief clerk may review
any written recommendations for the proposed contract award submitted
by the staff of the division or by an evaluation committee established
by the division for the proposed contract. The chief clerk may discuss
and review these written recommendations for proposed contract award
with the staff or evaluation committee prior to the open meeting and
may request that additional or clarifying written information be obtained
for presentation in the public meeting. The chief clerk shall make
the staff's or committee's final written recommendations available
to the public at the meeting.
(g) A contract awarded by the chief clerk under this
section is not considered final and does not bind the state until
all negotiations are completed, if applicable, and all parties to
the contract have signed the final contract.
(h) The division shall post notice of a contract award
made in an open meeting under this section on its website and in the
state business daily.
(i) The division shall post the text of a contract
awarded in an open meeting under this section on its website and in
the state business daily, except for information in a contract that
is not subject to disclosure under Government Code, Chapter 552. Information
that is not subject to disclosure under Chapter 552 shall be referenced
in an appendix that generally describes the information without disclosing
the specific content of the information.
(j) In making the determination of whether a contract
is reasonably expected to have a value of $100,000 over the life of
the contract, the division may review all available information, including
available renewals or extensions, pricing or quantity options, purchase
requisitions, estimated budgets, legislative appropriations, market
research, previous similar contracts, total previous agency purchase
orders under a statewide contract and other pertinent information.
For open market awards where the division is requested to evaluate
and award a purchase order for an agency or other authorized entity,
the division may consider an agency's expectation of contract value
along with other available information.
(k) The emergency standard is a purchase or other contract
award for which delay would create a hazard to life, health, safety,
welfare, or property or would cause undue additional cost to the state.
An agency's or other authorized entity's documentation to support
a request for an emergency contract award by the division is the same
documentation as that which would reasonably support an agency's own
emergency purchase.
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