Part 4.
OFFICE OF THE SECRETARY OF STATE
Chapter 81.
ELECTIONS
Subchapter L. ELECTRONIC STORAGE MEDIUM STANDARDS
1 TAC §81.412
The Office of the Secretary of State, Elections Division,
adopts new §81.412, concerning the standards an optical disk or other
electronic storage medium must meet to enable voter registrars to record voter
registration applications and other documentation in that storage medium.
Section 81.412 was published in the March 15, 2002 issue of the
Texas Register
(27 TexReg 1953).
The new §81.412 replaces §81.88, which is repealed. The new rule
contains wording that will clarify a reference to the rules of the Texas State
Library and Archives Commission
No public comments were submitted concerning the new rule.
The rule is adopted pursuant to the Election Code, Chapter 31,
Subchapter A, §31.003, which provides the Secretary of State authority
to promulgate rules to obtain uniformity in the interpretation and application
of the Code.
The Election Code, Chapter 13, subchapter D, §13.104 is affected by
this proposed rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 19, 2002.
TRD-200202430
David Roberts
General Counsel
Office of the Secretary of State
Effective date: May 9, 2002
Proposal publication date: March 15, 2002
For further information, please call: (512) 463-5562
Chapter 111.
EXECUTIVE ADMINISTRATION DIVISION
Subchapter B. HISTORICALLY UNDERUTILIZED BUSINESS PROGRAM
1 TAC §§111.14, 111.17, 111.28
The Texas Building and Procurement Commission adopts amendments
to Title 1, T.A.C., Chapter 111, Subchapter B - Historically Underutilized
Business Program - §111.14, relating to subcontracts; §111.17, relating
to the Certification Process; and §111.28 relating to the Mentor Protege
Program. Sections 111.14 and 111.17 are adopted without changes to the proposed
text that was published in the March 15, 2002, issue of the
Texas Register
(27 TexReg 1954) and the text will not be republished.
Section 111.28 is adopted with changes to the proposed text in (27 TexReg
1954) and will be published.
The amendments are adopted due to the enactment of Senate Bill 311, Article
13, 77th Legislative Session (2001), which amended the statutory language
of §§2161.061 and 2161.253,Texas Government Code. The amended statutory
language found in §13.01, SB 311 relates to the Commission's approval
of local governments or nonprofit organizations certification programs for
businesses that substantially fall under the same definition for a Historically
Underutilized Business found in §2161.001, Texas Government Code. Amended
statutory language in §13.02, SB 311 determines that a contractor has
made a good faith effort if a contractor participates in a Mentor Protege
Program and submits a protege as a subcontractor in the contractor's historically
underutilized business subcontracting plan.
Language has been added to the second sentence in §111.28(h) to clarify
that §111.28 only applies to contracts which require a HUB subcontracting
plan ($100,000 or more), and not all contracts. The added language reads "which
requires a HUB subcontracting plan" inserted between the words "agency" and
"and the Mentor Protege Agreement . . ." In addition, a typo found in §111.14(b)(4)
has been corrected to read "good faith effort" instead of "good faith efforts".
The amendments add language in Title 1, T.A.C., Chapter 111, Subchapter
B, that is compliant with Article 13, Senate Bill 311, 77th Legislative Section
(2001) relating to the Historically Underutilized Business Certification Program
and the Mentor Protege Program.
The following entity furnished written comments on the proposed amendments:
The Texas Lottery Commission
The Texas Lottery Commission commented that certain language in §111.28(h)
relating to "contractor's/vendor's use of HUB proteges in developing and submitting
their HUB Subcontracting Plans " is specifically related to §111.14(c)
and should be moved to that section. The Lottery Commission further recommended
that certain language in §111.28(k) that "outlines specific requirements
that a contractor/vendor must adhere to in order to use a HUB Protege as a
subcontractor" be moved to §111.14(b)(4) " in order to clarify that approved
Mentor Protege Agreements are valid for all state agencies in determining
the contractor/vendor's good faith efforts when subcontracting is required."
It was also recommended that language be added to §111.28(l) to clarify
"how the registered list of approved mentors and proteges would be updated
by the TBPC if agreements were terminated".
The Texas Building and Procurement Commission (TBPC) has fully considered
the comments made by the Texas Lottery Commission and disagrees. The TBPC
finds that relocating language in §§111.14 and 111.28 would not
further add to or clarify the proposed language.
The TBPC also disagrees that language in §111.28(l) requires further
clarification as to how the registered list of approved mentors and proteges
is updated when Mentor Protege agreements are terminated. §111.28(l)
indicates that the TBPC shall "maintain and make available to state agencies
all registered Mentor Protege Agreements". Sponsoring agencies are required
to report the termination of an existing Mentor Protege Agreement that has
been registered with the TBPC. Therefore, maintenance of the registered Mentored
Protege Agreements list would include tracking and updating information on
terminated Mentor Protege Agreements.
The amendments are proposed under the authority of the Texas
Government Code, Title 10, Subtitle D, §§2152.003, 2161.002, 2161.061,
and 2161.253, which provide the Texas Building and Procurement Commission
with the authority to promulgate rules necessary to implement the sections.
§111.28.Mentor Protege Program.
(a)
In accordance with the Texas Government Code, Section 2161.065,
the commission shall design a Mentor Protege Program to foster long-term relationships
between contractors/vendors and Historically Underutilized Businesses (HUBs)
and to increase the ability of HUBs to contract with the state or to receive
subcontracts under a state contract. The objective of the Mentor Protege Program
is to provide professional guidance and support to the protege to facilitate
their development and growth. All participation is voluntary and program features
should remain flexible so as to maximize participation. Each state agency
with a biennial appropriation that exceeds $10 million shall implement a Mentor
Protege Program.
(b)
In efforts to design a Mentor Protege Program, each agency,
because of its unique mission and resources, is encouraged to implement a
Mentor Protege Program that considers;
(1)
the needs of protege businesses requesting to be mentored;
(2)
the availability of mentors who possess unique skills,
talents, and experience related to the mission of the agency's Program; and
(3)
the agency's staff and resources.
(c)
Agencies may elect to implement Mentor Protege Programs
individually or cooperatively with other agencies, and/or other public entities
and private organizations, with skills, resources and experience in Mentor
Protege Programs. Agencies are encouraged to implement a Mentor Protege Program
to address the needs of its protege businesses in the following critical areas
of the state's procurements:
(1)
construction,
(2)
commodities, and/or
(3)
services.
(d)
State agencies may consider, but are not limited to, the
following factors in developing their Mentor Protege Program:
(1)
Develop and implement internal procedures, including an
application process, regarding the Mentor Protege Program which identifies
the eligibility criteria and the selection criteria for mentors and potential
HUB protege businesses;
(2)
Recruit contractor/vendor mentors and Proteges to voluntarily
participate in the Program;
(3)
Establish a Mentor Protege Program objective identifying
both the roles and expectations of the agency, mentor and the Protege;
(4)
Monitor the progress of the mentor protege relationship;
(5)
Identify key agency resources including senior managers
and procurement personnel to assist with the implementation of the Program;
and
(6)
Encourage partnerships with local governmental and nonprofit
entities to implement a community based Mentor Protege Program.
(e)
An agency's Mentor Protege Program must include mentor
eligibility and selection criteria. In determining the eligibility and selection
of a mentor, state agencies may consider the following criteria:
(1)
whether the mentor is a registered bidder on the commission's
Centralized Master Bidders List (CMBL);
(2)
whether the mentor has extensive work experience and can
provide developmental guidance in areas that meet the needs of the Protege,
including but not limited to, business, financial, and personnel management;
technical matters such as production, inventory control and quality assurance;
marketing; insurance; equipment and facilities; and/or other related resources;
(3)
whether the mentor is in "good standing" with the State
of Texas and is not in violation of any state statutes, rules or governing
policies;
(4)
whether the mentor has mentoring experience; and
(5)
whether the mentor has a successful past work history with
the agency.
(f)
An agency's Mentor Protege Program must include protege
eligibility and selection criteria. In determining the eligibility and selection
of HUB Proteges, state agencies may use the following criteria:
(1)
whether the protege is eligible and willing to become certified
as a HUB;
(2)
whether the protege's business has been operational for
at least one year;
(3)
whether the protege is willing to participate with a mentoring
firm and will identify the type of guidance that is needed for its development;
(4)
whether the protege is in "good standing" with the State
of Texas and is not in violation of any state statutes, rules or governing
policies; and
(5)
whether the protege is involved in a mentoring relationship
with another contractor/vendor.
(g)
The mentor and the protege should agree on the nature of
their involvement under the agency's mentor/protege initiative. Each agency
will monitor the process of the relationship. The mentor and protege relationship
should be reduced to writing and that agreement may include, but is not limited
to, the following:
(1)
identification of the developmental areas in which the
protege needs guidance ;
(2)
the time period which the developmental guidance will be
provided by the mentor;
(3)
name, address, phone and fax numbers, and the points of
contact that will oversee the agreement of the mentor and Protege;
(4)
procedure for a mentor firm to notify the protege in advance
if it intends to voluntarily withdraw from the program or terminate the mentor
protege relationship;
(5)
procedure for a protege firm to notify the mentor in advance
if it intends to terminate the mentor protege relationship; and
(6)
a mutually agreed upon timeline to report the progress
of the mentor protege relationship to the state agency.
(h)
The protege must maintain its HUB certification status
for the duration of the agreement. If a contractor/vendor has been awarded
a contract with a state agency, which requires a HUB subcontracting plan,
and the Mentor Protege Agreement is terminated, or the Protege's HUB certification
expires, the contractor/vendor must either
(1)
enter into a new agreement with a certified HUB Protege,
or
(2)
comply with the requirements of this title relating to
developing and submitting a HUB subcontracting plan.
(i)
Each agency must notify its mentors and Proteges that participation
is voluntary. The notice must include written documentation that participation
in the agency's Mentor Protege Program is neither a guarantee for a contract
opportunity nor a promise of business; but the Program's intent is to foster
positive long-term business relationships.
(j)
State agencies may demonstrate their good faith under this
section by submitting a supplemental letter with documentation to the commission
with their HUB Report or legislative appropriations request identifying the
progress and testimonials of mentors and Proteges that participate in the
agency's Program. In accordance with §111.26 of this title (relating
to HUB Coordinator Responsibilities) the agency's HUB Coordinator shall facilitate
compliance by its agency.
(k)
Each state agency that sponsors a Mentor Protege Program
must report that information to the commission upon completion of a signed
agreement by both parties. Information regarding the Mentor Protege Agreement
shall be reported to the commission in a form prescribed by the commission
within 21 calendar days after the agreement has been signed. The commission
will register that agreement on the approved list of mentors and Proteges.
Approved Mentor Protege Agreements are valid for all state agencies in determining
good faith effort for the particular area of subcontracting to be performed
by the Protege as identified in the HUB subcontracting plan.
(l)
The commission shall maintain and make available to state
agencies all registered Mentor Protege Agreements. The sponsoring agency shall
monitor and report the termination of an existing Mentor Protege Agreement
that has been registered with the commission within 21 calendar days.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 18, 2002.
TRD-200202413
Juliet King
Legal Counsel
Texas Building and Procurement Commission
Effective date: May 8, 2002
Proposal publication date: March 15, 2002
For further information, please call: (512) 463-3960
Subchapter A. PURCHASING
1 TAC §113.21
The Texas Building and Procurement Commission adopts new
Title 1, T.A.C., §113.21, concerning Reverse Auction without changes
to the proposed text published in the March 15, 2002, issue of the
Texas Register
(27 TexReg 1956). The text of the new rule will not
be republished.
The new §113.21 is adopted in accordance with Texas Government Code, §2155.062
(amended by Senate Bill 221 and §7.01, Senate Bill 311, (77th Legislature,
2001) which added the reverse auction procedure to the Commission's purchasing
methods.
Internet real time reverse auction will allow for continuous bids in a
specified period of time until the lowest bid is reached. It is anticipated
that the new Reverse Auction rule will reduce costs in purchasing.
No comments have been received concerning the adoption of new Title 1,
T.A.C., §113.21.
The new rule is adopted under the authority of the Texas Government
Code, Title 10, Subtitle D, §§2152.003 and 2155.062 which provides
the Texas Building and Procurement Commission with the authority to promulgate
rules necessary to implement the sections.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 18, 2002.
TRD-200202414
Juliet King
Legal Counsel
Texas Building and Procurement Commission
Effective date: May 8, 2002
Proposal publication date: March 15, 2002
For further information, please call: (512) 463-3960
Subchapter A. STATE SURPLUS AND SALVAGE PROPERTY
Part 5.
TEXAS BUILDING AND PROCUREMENT COMMISSION
Chapter 113.
CENTRAL PURCHASING DIVISION
Chapter 126.
SURPLUS AND SALVAGE PROPERTY PROGRAMS