| (a) Pursuant to Government Code, §2156.181, the
comptroller may enter into compacts or cooperative purchasing agreements
directly with one or more state governments, agencies of other states,
or other governmental entities, or may participate in, sponsor, or
administer a cooperative purchasing agreement through an entity that
facilitates those agreements for the purchase of goods or services
if the comptroller determines that the agreement would be in the best
interest of the state.
(b) In order for a compact or cooperative purchasing
agreement to be considered for execution by the comptroller, a state
agency shall submit a request to the comptroller that includes:
(1) a copy of the compact or the agreement;
(2) documentation identifying the procurement process
for the requested contract;
(3) a needs assessment by the state agency identifying
the goods or services that the state agency intends to purchase; and
(4) the evaluation criteria supporting the determination
that the agreement provides the best value to the state or state agency
for the needed goods and services.
(c) Before submitting the compact or cooperative purchasing
agreement to the comptroller, the director shall review the agreement
and prepare a recommendation after considering:
(1) the level of competition in the procurement process
for the agreement;
(2) the benefits and advantages to the state agency
and the state by executing the agreement;
(3) the costs imposed by the agreement including any
fees imposed by the agreement; and
(4) whether the agreement provides the best value to
the state compared to other procurement options available to the state.
(d) Before entering into such compacts or cooperative
purchasing agreements, the director shall present the proposal and
recommendation to the comptroller for approval.
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