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89(R) HB 4748 - Enrolled version - Bill Text
H.B. No. 4748
AN ACT
relating to state agency purchasing methods and procedures,
including a state agency multiple award contract purchasing
procedure.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 2156, Government Code, is
amended by adding Section 2156.0013 to read as follows:
Sec.
2156.0013.
PROFESSIONAL SERVICES. This chapter does
not apply to a contract for professional services, as that term is
defined by Section 2254.002.
SECTION 2. Chapter 2156, Government Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. MULTIPLE AWARD PURCHASING PROCEDURE
Sec. 2156.201. DEFINITIONS. In this subchapter:
(1)
"Multiple award" means the award of a multiple
award contract to more than one vendor by the comptroller or a state
agency with the intent to order from the vendors who are awarded the
contract all of the solicited goods or services necessary to
satisfy the actual solicitation requirements for the contract.
(2)
"Multiple award contract" has the meaning assigned
by Section 2155.501.
Sec.
2156.202.
USE OF MULTIPLE AWARD PURCHASING PROCEDURE.
(a) The comptroller or a state agency may use the multiple award
purchasing procedure described by this subchapter to award a
contract to more than one vendor for the purchase of similar goods
or services as necessary to ensure adequate delivery, service, or
product compatibility.
(b)
The comptroller or a state agency shall prepare a
written determination stating the comptroller's or agency's reasons
for using the multiple award purchasing procedure to purchase the
goods or services under a multiple award contract and retain the
determination in the multiple award contract file.
Sec.
2156.203.
REQUIRED DISCLOSURE OF INTENT AND CRITERIA
IN MULTIPLE AWARD SOLICITATION. The comptroller or a state agency
shall disclose in the solicitation for a multiple award contract
the comptroller's or agency's:
(1)
intent to use the multiple award purchasing
procedure; and
(2) criteria for an award under that procedure.
Sec.
2156.204.
SOLICITATION, EVALUATION, AND AWARD. (a)
The comptroller or a state agency shall solicit, evaluate, and
award a multiple award contract in accordance with:
(1) Subchapter A;
(2) Subchapter C; or
(3)
the request for offers method prescribed by
comptroller rules adopted under Section 2157.006.
(b)
Each contractor must provide, or be capable of
providing, the best value to the state.
Sec.
2156.205.
ORDERING. (a)
The comptroller or a state
agency shall place each order under a multiple award contract in a
manner that provides the best value to the state in accordance with
standards provided in Chapters 2155, 2156, 2157, and 2158. If
necessary to determine the best value to the state, the comptroller
or agency may conduct a secondary solicitation competition among
the vendors awarded a multiple award contract before placing the
order.
(b)
The comptroller or a state agency shall document the
method used for determining the best value to the state under a
multiple award contract and retain the documentation in the
contract file.
SECTION 3. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I certify that H.B. No. 4748 was passed by the House on May
16, 2025, by the following vote: Yeas 121, Nays 4, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4748 was passed by the Senate on May
27, 2025, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor