Part 3.
OFFICE OF THE ATTORNEY GENERAL
Chapter 55.
CHILD SUPPORT ENFORCEMENT
Subchapter J. VOLUNTARY PATERNITY ACKNOWLEDGMENT PROCESS
1 TAC §§55.401, 55.402, 55.404, 55.405, 55.407
Office of the Attorney General proposes amendments to 1 TAC §§55.401,
55.402, 55.404, 55.405 and 55.407, concerning voluntary paternity acknowledgment
process.
55.401. Changes the reference in Texas Family Code from Subchapter C to
Subchapter D. Voluntary Acknowledgment of Paternity.
55.402. Substitutes Bureau of Vital Statistics for state. Change Family
Code reference from §151.002 to 160.204.
55.404. Deletes (2) sign it before a witness.
55.405. Describes the process for filing Acknowledgment of Paternity and
the Denial of Paternity forms.
55.407. Clarifies the training requirement from the Office of the Attorney
General.
Cynthia Bryant, IV-D Director, Child Support Division, has determined that
for the first five year period there will be no fiscal implications for state
or local government as a result of enforcing or administering the section.
Ms. Bryant also has determined that the proposed amendments will not have
an adverse economic effect on small businesses because the amendments to these
sections impose no additional burden on anyone. There is no anticipated economic
cost to persons who are required to comply with the section as proposed.
The public benefit of the amendments to these sections is to clarify the
process of Voluntary Paternity Acknowledgment Process.
Comments may be submitted to Kathy Shafer, Child Support Division, General
Counsel section, Office of the Attorney General, (physical address) 5500 East
Oltorf, Austin, Texas 78741, or (mailing address) P. O. Box 12017, Austin,
Texas 78711-2017, mail code 039, (512) 460-6134.
The amendments are proposed under the September 1, 1999 statutory
changes, found in the Texas Family Code, Section 160.302, Subchapter D. Voluntary
Acknowledgment of Paternity.
The Code affected by the proposed amendments is Health and Safety Code,
Section 192, Record of Acknowledgment of Paternity.
§55.401.Scope.
Fathers and mothers who wish to voluntarily establish paternity for
their child may do so through any local child support office of the Office
of the Attorney General, Child Support Division; the state Bureau of Vital
Statistics; a local birthing hospital or birthing center; or any entity certified
by the Office of the Attorney General to provide such services. The Acknowledgment
of Paternity must be executed according to the rules contained herein and
under the Texas Family Code, Chapter 160, Subchapter [
§55.402.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
(No change.)
(2)
Denial of Paternity form--A Statement executed by a presumed
father denying parentage of the child of whom he is presumed to be the father,
on a form prescribed by the
Bureau of Vital Statistics.
[
(3)
(No change.)
(4)
Presumed father--A man who is legally assumed to be the
father of a child because he meets the criteria found under Texas Family Code §
160.204.
[
§55.404.Voluntarily Acknowledging Paternity.
(a)
A man claiming to be the father and the mother may establish
paternity before or after the birth of their child by voluntarily acknowledging
paternity through a certified entity providing such services. The mother and
father must read the Acknowledgment of Paternity form. In addition, both must
listen to or view a video presentation of the rights and responsibilities
of a parent, and alternatives to and legal consequences of acknowledging or
denying paternity. Both the mother and father, separately or together, must
then:
(1)
complete an Acknowledgment of Paternity form;
(2)
return the form to a certified entity.
[
[
(b)-(c)
(No change)
§55.405.Denial of Paternity Form.
If the mother declares in the Acknowledgment of Paternity form that
there is a presumed father of the child, the acknowledgment must be accompanied
by a Denial of Paternity form signed by the presumed father, unless the presumed
father is the man who is acknowledging paternity.
The Acknowledgment
of Paternity form and the Denial of Paternity form may be filed with the Bureau
of Vital Statistics separately or simultaneously. If the acknowledgment and
denial are both necessary, neither document is valid until both documents
are filed.
[
§55.407.Certification.
All birthing hospitals, all birthing centers, the state Bureau of Vital
Statistics, and each certified entity must have staff who:
(1)-(2)
(No change.)
(3)
receive training from the
[
(4)-(6)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on May 20, 2002.
TRD-200203092
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Earliest possible date of adoption: June 30, 2002
For information regarding this publication, please
contact Andrea Younger, Agency Liaison, at (512) 463-2110.
Chapter 113.
PROCUREMENT DIVISION
Subchapter A. PURCHASING
1 TAC §113.1, §113.22
Texas Building and Procurement Commission proposes amendments
to Title 1, T.A.C., §113.1 - General; and proposes new §113.22 concerning
Advisory Committees. The amendments and new rule are proposed in compliance
with the rulemaking and reporting requirements of the Texas Government Code,
Chapter 2110, §§2110.005, 2110.006, 2110.007, and 2110.008. State
agencies that establish advisory committees are required by Chapter 2110 to
provide an evaluation report of their advisory committees biennially to the
Legislative Budget Board; designate by rule the date that an advisory committee
will automatically be abolished; and by rule state the purpose and tasks of
the committee, and the manner in which an advisory committee is to report
to the state agency.
Ms. Cindy Reed, Deputy Executive Director of Administration and Procurement,
has determined for the first five year period the rules are in effect, there
will be no fiscal implication for the state or local governments as a result
of enforcing or administering the amendments and new rule.
Ms. Cindy Reed, Deputy Executive Director of Administration and Procurement,
further determines that for each year of the first five-year period the amendments
and new rule are in effect, the public benefit anticipated as a result of
enforcing these rules is compliance with the current statutory reporting and
rulemaking requirements of Texas Government Code, Chapter 2110 for state agency
established advisory committees. There will be no effect on large, small or
micro-businesses. There is no anticipated economic costs to persons who are
required to comply with these rules and there is no impact on local employment.
Comments on the proposals may be submitted to Juliet King, General Counsel,
Texas Building and Procurement Commission, P.O. Box 13047, Austin, TX 78711-3047.
Comments must be received no later than thirty days from the date of publication
of the proposal to the
Texas Register
.
The amendments to §113.1 and new rule §113.22 are proposed
under the authority of the Texas Government Code, Title 10, Subtitle C, §§
2110.005, 2110.006, 2110.007 and 2110.008; and Subtitle D, §§2152.003,
2155.080, and 2155.081 which provides the Texas Building and Procurement Commission
with the authority to promulgate rules necessary to implement the sections.
The following codes are affected by these rules: Texas Government Code,
Title 10, Subtitle C, §§ 2110.005, 2110.006, 2110.007 and 2110.008;
and Subtitle D, §§2152.003, 2155.080, and 2155.081.
§113.1.General Purchasing Provisions .
(a)
The commission purchases supplies, materials, services,
and equipment for the State of Texas.
(b)
Whenever possible, purchases are based on competitive bids.
Negotiation of contracts is permitted for:
(1)
emergency purchases when there is insufficient time to
solicit bids;
(2)
proprietary purchases or purchases of items for which there
is only one source of supply;
(3)
purchases by means of competitive sealed proposals; and
(4)
proposed purchases in circumstances where competitive specifications
have been advertised but the commission has received only one acceptable bid,
or no acceptable bids; provided, however, such negotiation may not result
in a material change to the advertised specifications.
(c)
The commission keeps records of purchases which:
(1)
were competitively bid, or allowed for competitive bidding;
and
(2)
were not competitive, but were adequately justified in
writing.
(d)
Purchase contracts shall be governed by and interpreted
under the laws of the State of Texas.
(e)
The commission may use electronic services to improve the
efficiency and effectiveness of the purchasing system. Such services are provided
on a cost recovery basis to those who choose to use them. Examples of such
services include electronic delivery of purchase orders, electronic receipt
of bids and proposals, and electronic bulletin boards.
(f)
If an agency desires to use the
commission's
[
[
[
[
(g)
[
§113.22.Advisory Committees.
(a)
The Director of the Procurement Division is delegated authority
to establish purchasing advisory committees as set forth in subsections (c)
and (d) of this section. Advisory committees shall comply with requirements
of the Texas Government Code, Chapter 2110 relating to State Agency Advisory
Committees. The Advisory Committee on Procurement shall also comply with specific
statutory authority provided by Texas Government Code, §2155.080; and
the Vendor Advisory Committee shall also comply with specific statutory authority
provided by Texas Government Code, §2155.081.
(b)
An advisory committee in subsections (c) and (d) of this
section are required to carry out the following functions:
(1)
Establish its own rules of operation.
(2)
The Director of the Procurement Division shall establish
the size of the advisory committee.
(3)
The chair of a purchasing advisory committee shall provide
to the Director of the Procurement Division, or his designee, an annual report
of the committee's activities.
(4)
Annually, the Director of the Procurement Division, or
his designee, shall evaluate the committee's work, usefulness, and the costs
related to the committee's existence, including the cost of agency staff time
spent in support of the committee's activities. The information developed
in the evaluation shall be reported to the Legislative Budget Board biennially.
(5)
Members of an advisory committee may not be reimbursed
for expenses associated with conducting committee business, including travel
expenses, unless otherwise authorized by the General Appropriations Act, Article
IX, or approved by the Governor and the Legislative Budget Board.
(6)
An advisory committee established by the Director of the
Procurement Division shall be abolished on the fourth anniversary of the first
meeting of the advisory committee,
(A)
unless the governing body of the advisory committee votes
to continue the committee in existence, and
(B)
unless a specific duration is prescribed by statute for
the advisory committee to exist.
(7)
If the governing body of an advisory committee votes to
continue the committee's existence, it shall continue to exist until the fourth
anniversary date of the first meeting of its new term.
(c)
The Advisory Committee on Procurement shall be composed
of officers or employees from the commission, from state agencies, including
institutions of higher education, and from political subdivisions who are
invited by the commission to serve on the committee. The officers and employees
who serve on the committee shall be experienced in public purchasing, public
finance, or possess other appropriate expertise to serve on the committee.
The purpose of the Advisory Committee on Procurement shall be to:
(1)
provide a method for state agencies and political subdivisions
to bring issues to the attention of the commission;
(2)
review issues brought forth by the commission;
(3)
develop and make recommendations on improvements to the
procurement process;
(4)
review and comment on findings and recommendations related
to purchasing that are made by state agency internal auditors or by the state
auditor;
(5)
develop an assessment of the committee, committee goals
and measurable objectives; and
(6)
participate in an annual review of committee activities
and make recommendations about the direction of the committee at the end of
each fiscal year.
(d)
The Vendor Advisory Committee shall be composed of employees
from the commission and vendors who have done business with the state, and
who are invited by the commission to serve on the committee. The commission
shall invite a cross-section of the vendor community to serve on the committee,
both large and small businesses and vendors who provide a variety of different
goods and services to the state. The purpose of the Vendor Advisory Committee
shall be to:
(1)
represent the vendor community before the commission;
(2)
serve as a channel for providing information to vendors;
(3)
obtain vendor input and develop and make recommendations
on improvements to the procurement process;
(4)
develop an assessment of the committee, committee goals
and measurable objectives at the end of each fiscal year; and
(5)
participate in an annual review of the committee's activities
and make recommendations about the direction and continuance of the committee
at the end of each fiscal year.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on May 20, 2002.
TRD-200203073
Juliet King
Legal Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: June 30, 2002
For further information, please call: (512) 463-3960
1 TAC §113.2
The Texas Building and Procurement Commission proposes amendments
to Title 1, T.A.C., §113.2 - Definitions. The amendments will add four
new definitions to define the term "local government" as it applies to Title
1, T.A.C., Chapter 113 - Procurement Division; and will clarify language found
in the following rules: §113.16 - Multiple Award Contract Procedure; §113.17
- Multiple Award Schedule; and §113.21 - Reverse Auction. The purpose
of the proposed amendments is to establish additional common terms of reference
for state agencies and local governmental entities.
Ms. Cindy Reed, Deputy Executive Director of Administration and Procurement,
has determined for the first five year period the amendments are in effect
there will be no fiscal implication for the state or local governments as
a result of the added definitions. The additional definitions will facilitate
the use and understanding of the purchasing methods.
Ms. Cindy Reed, Deputy Executive Director of Administration and Procurement,
further determines that for each year of the first five-year period the amendments
are in effect, the public benefit anticipated as a result of enforcing these
rules will be a positive effect on large, small or micro-businesses that routinely
participate in state business opportunities in that the additional definitions
will provide common terms of reference and add clarification to the state's
procurement process. There will be no anticipated economic costs to persons
who are required to comply with these rules and there is no impact on local
employment.
Comments on the proposals may be submitted to Juliet King, Legal Counsel,
Texas Building and Procurement Commission, P.O. Box 13047, Austin, TX 78711-3047.
Comments must be received no later than thirty days from the date of publication
of the proposal to the
Texas Register
.
The amendments to Title 1, T.A.C., §113.2 - Definitions
are proposed under the authority of the Texas Government Code, §2152.003;
Texas Government Code, Chapter 2155, Subchapter B - General Purchasing Requirements,
Procedures and Programs, §2155,062; and Subchapter I - Multiple Award
Contract Schedule, §§2155.501 through 2155.509 which provides the
Texas Building and Procurement Commission with the authority to promulgate
rules necessary to implement the sections.
The following codes are affected by these rules: Texas Government Code,
Title 10, Subtitle D, §2152,003; Texas Government Code, Chapter 2155,
Subchapter B, §2155,062; and Subchapter I, §§2155.501 through
2155.509.
§113.2.Definitions.
The following words and terms, when used in this title, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Adopted uniform standards and specifications--Specifications
and standards developed by nationally recognized standards-making associations
that are evaluated and adopted by the specifications and standards program.
(2)
Advisory groups--A group that advises and assists the standards
and specification program in establishing specifications. The advisory group
may include representatives from federal, state and local governments, user
groups, manufacturers, vendors and distributors, bidders, associations, colleges,
universities, testing laboratories and others with expertise and specialization
in particular product area.
(3)
Agency--A state agency as the term is defined under the
Texas Government Code, Title 10, §2151.002.
(4)
Agent of record--An employee or official designated by
a qualified cooperative entity as the individual responsible to represent
the qualified entity in all matters relating to the program.
(5)
Approved products list--The list is also referred to as
the approved brands list or qualified products list. It is a specification
developed by evaluation brands and models of various manufacturers and listing
those determined to be acceptable to meet the minimum level of quality. Testing
is completed in advance of procurement to determine which products comply
with the specifications and standards requirements.
(6)
Award--The act of accepting a bid, thereby forming a contract
between the state and a bidder.
(7)
Bid--An offer to contract with the state, submitted in
response to a bid invitation issued by the commission.
(8)
Bid deposit--A deposit required of bidders to protect the
state in the event a low bidder attempts to withdraw its bid or otherwise
fails to enter into a contract with the state. Acceptable forms of bid deposits
are limited to: cashier's check, certified check, or irrevocable letter of
credit issued by a financial institution subject to the laws of Texas and
entered on the United States Department of the Treasury's listing of approved
sureties; a surety or blanket bond from a company chartered or authorized
to do business in Texas.
(9)
Bid sample--A sample required to be furnished as part of
a bid, for evaluating the quality of the product offered.
(10)
Bidder--An individual or entity that submits a bid. The
term includes anyone acting on behalf of the individual or other entity that
submits a bid, such as agents, employees, and representatives.
(11)
Blanket bond--A surety bond which provides assurance of
a bidder's performance on two or more contracts in lieu of separate bonds
for each contract. The amount for a blanket bond shall be established by the
commission based on the bidder's annual level of participation in the state
purchasing program.
(12)
Board--The governing body of a county or local school
district.
(13)
Brand name--A trade name or product name which identifies
a product as having been made by a particular manufacturer.
(14)
Centralized master bidders list (CMBL)--A list maintained
by the commission containing the names and addresses of prospective bidders
and qualified information systems vendors.
(15)
Consumable procurement budget--That portion of an agency's
budget as identified by the comptroller's expenditure codes attributable to
consumable supplies, materials, and equipment.
(16)
Cooperative purchasing program--A program to provide purchasing
services to qualified cooperative entities, as defined herein.
(17)
Debarment--An exclusion from contracting or subcontracting
with state agencies on the basis of any cause set forth in §113.102 of
this title (relating to Vendor Performance and Debarment), commensurate with
the seriousness of the offense, performance failure, or inadequacy to perform.
(18)
Director--The director of the commission's purchasing
division.
(19)
Distributor purchase--Purchase of repair parts for a unit
of major equipment that are needed immediately or as maintenance contracts
for laboratory/medical equipment.
(20)
Emergency purchase--A purchase of goods or services so
badly needed that an agency will suffer financial or operational damage unless
the items are secured immediately.
(21)
Environmentally sensitive products--Products that protect
or enhance the environment, or that damage the environment less than traditionally
available products.
(22)
Equivalent product--A product that is comparable in performance
and quality to the specified product.
(23)
Escalation clause--A clause in a bid providing for a price
increase under certain specified circumstances.
(24)
Formal bid--A written bid submitted in a sealed envelope
in accordance with a prescribed format, or an electronic data interchange
transmitted to the commission in accordance with procedures established by
the commission.
(25)
Group purchasing program--A purchasing program that offers
discount prices to two or more state agencies or institutions of higher education,
which is formed as a result of interagency or interlocal cooperation and follows
all applicable statutory standards for purchases.
(26)
Informal bid--An unsealed, competitive bid submitted by
letter, telephone, telegram, or other means.
(27)
Invitation for bids (or IFB)--A written request for submission
of a bid; also referred to as a bid invitation.
(28)
Late bid--A bid that is received at the place designated
in the bid invitation after the time set for bid opening.
(29)
Level of quality--The ranking of an item, article, or
product in regard to its properties, performance, and purity.
(30)
List of approved equipment--A list of items available
under term contracts for purchase by school districts through the commission
pursuant to the Texas Education Code, §21.901.
(31)
Local government-- a county, municipality,
special district, school district, junior college district, regional planning
commission, or other political subdivision of the state pursuant to Local
Government Code, §271.101.
(32)
[
(33)
Multiple award contract (as
it applies to Multiple Award Schedule Contracts)--an award of a contract for
an indefinite amount of one or more similar goods or services from a vendor.
(34)
[
(35)
[
(36)
[
(37)
[
(38)
[
(39)
[
(40)
[
(41)
[
(42)
[
(43)
[
(44)
[
(A)
Open market purchase order--A document issued by the commission
to accept a bid, creating an open market purchase contract.
(B)
Automated contract purchase order--A release order issued
by the commission under an existing term contract, and pursuant to a requisition
from a qualified ordering entity.
(C)
Non-automated purchase order--A release order issued by
an agency as a non-automated term contract, and pursuant to a requisition
by the qualified ordering entity.
(45)
[
(46)
[
(47)
[
(A)
A county, municipality, school district, special district,
junior college district, or other legally constituted political subdivision
of the state that is a local government.
(B)
Mental health and mental retardation community centers
in Government Code, §2155.202, that receive grants-in-aid under the provisions
of Subchapter B, Chapter 534, Health and Safety Code.
(C)
An assistance organization as defined in Government Code, §2175.001,
that receive any state funds.
(D)
A political subdivision, under Chapter 791, Government
Code.
(48)
[
(49)
[
(50)
[
(51)
[
(52)
[
(53)
[
(54)
[
(A)
Open market purchase requisition--An initiating request
from an agency describing needs and requesting the commission to purchase
goods or services to satisfy those needs.
(B)
Term contract purchase requisition--A request from a qualified
ordering entity for delivery of goods under an existing term contract.
(55)
[
(56)
[
(57)
Reverse Auction--a real time
bidding procedure that is Internet dependent and which is conducted at a pre-scheduled
time and Internet location in which multiple suppliers, anonymous to each
other, submit bids for designated goods or services.
(58)
Schedule--a list of multiple
award contracts from which agencies may purchase goods and services.
(59)
[
(60)
[
(61)
[
(62)
[
(63)
[
(64)
[
(65)
[
(66)
[
(67)
[
(68)
[
(69)
[
(70)
[
(71)
[
(72)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on May 20, 2002.
TRD-200203074
Juliet King
Legal Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: June 30, 2002
For further information, please call: (512) 463-3960
1 TAC §113.4
The Texas Building and Procurement Commission proposes amendments
to Title 1, T.A.C., §113.4 - Centralized Master Bidders List. The amendments
will revise the current rules as they relate to procedures used in the vendor
registration and vendor record processes that are required to accommodate
e-commerce initiatives established by Texas Government Code, §§2155.265
and 2156.003. The amendments will also add a new provision that will allow
agencies to add vendors who are not on the Centralized Master Bidders List
(CMBL) to a final bid list for specific solicitations in order to increase
competition. The authority for this new provision is Texas Government Code, §2155.269.
Ms. Cindy Reed, Deputy Executive Director of Administration and Procurement,
has determined for the first five year period the rule is in effect there
will be no fiscal implication for the state or local governments as a result
of enforcing or administering the amendments relating to the Centralized Master
Bidders List. A positive fiscal implication is anticipated from allowing state
agencies to add non CMBL vendors to their final bid list for specific solicitations.
The amendments should, in specific instances, enhance competition and enable
state agencies and other qualified entities to fulfill specific procurement
needs in a more cost efficient manner. The positive fiscal impact on state
and local governments cannot be quantified at present.
Ms. Cindy Reed, Deputy Executive Director of Administration and Procurement,
further determines that for each year of the first five-year period the amendments
are in effect, the public benefit anticipated as a result of enforcing the
rule is compliance with the current statutory requirements of Texas Government
Code, Chapter 2155 and 2156 as they apply to e-commerce initiatives. There
will be a positive effect on large, small or micro-businesses that routinely
participate in state business opportunities in that bid list application and
record maintenance functions have been revised and clarified. There will be
no anticipated economic costs to persons who are required to comply with the
rule and there is no impact on local employment.
Comments on the proposals may be submitted to Juliet King, Legal Counsel,
Texas Building and Procurement Commission, P.O. Box 13047, Austin, TX 78711-3047.
Comments must be received no later than thirty days from the date of publication
of the proposal to the
Texas Register
.
The amendments to §113.4 are proposed under the authority
of the Texas Government Code, Title 10, Subtitle D, §§2152.003,
2155.267, 2155.268, and 2155.269 which provides the Texas Building and Procurement
Commission with the authority to promulgate rules necessary to implement the
sections.
The following codes are affected by these rules: Texas Government Code,
Title 10, Subtitle D, §§2152.003, 2155.267, 2155.268, and 2155.269.
§113.4.Centralized Master Bidders List.
(a)
The commission maintains the Centralized Master Bidders
List (CMBL) of the names and addresses of vendors which have
registered
[
(b)
Registration for the Centralized Master Bidders List
is an on line process with a vendor managed web based system. The established
fee is to be paid annually.
[
[
[
(c)
It is the vendor's responsibility to maintain their
CMBL profile to ensure correct information for receipt of bids based on products
or services which can be provided for selected districts for the State of
Texas.
[
(d)
A vendor may be administratively removed from the CMBL
for one or more of the following reasons:
(1)
failing to pay or unnecessarily delaying payment of damages
assessed by the commission;
[
[
[
(2)
[
(3)
[
(e)
A vendor which has been removed from the CMBL shall not
be reinstated until expiration of the period for which the vendor was removed
and approval is granted [
(f)
An error in addressing a bid invitation or request for
proposal or a failure of the post office to deliver the solicitation will
not be sufficient reason to require the commission to reject all other bids
or proposals.
(g)
State agencies shall use the CMBL to select bidders for
competitive bids or proposals and to the fullest extent possible for purchases
exempt from the commission's purchasing authority. This requirement does not
apply to the Texas Department of Transportation or to an institution of higher
education as defined by §61.003, Education Code, but an institution of
higher education should use the CMBL when possible.
(h)
As set forth in Texas Government
Code, Chapter, §2155.269, state agencies may waive the requirement to
solicit only from bidders listed on the Centralized Master Bidders List (CMBL)
by obtaining approval from the agency head or designee to add non-CMBL bidders
to the final bid list. Non-CMBL bidders can be added to the final bid list
for specific solicitations where the requirement to solicit only CMBL bidders
is not warranted, such as to increase competition. This does not apply to
purchases in §113.19 of this title (relating to Qualification of Information
Systems Vendors (QISV))
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on May 20, 2002.
TRD-200203075
Juliet King
Legal Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: June 30, 2002
For further information, please call: (512) 463-3960
1 TAC §113.6
The Texas Building and Procurement Commission proposes amendments
to Title 1, T.A.C., §113.6, concerning Bid Evaluation and Award. The
amendments will update statutory citations in the current rule as they relate
to the application best value criteria in determining an award. Because solicitations
for goods and services differ in scope, purpose and detail, the amendment
expands the statutory reference that of Texas Government Code, §§2155.074,
2155.075, 2156.007, 2157.003 and 2157.125.
Ms. Cindy Reed, Deputy Executive Director of Administration and Procurement,
has determined for the first five year period the rules are in effect there
will be no fiscal implication for the state or local governments as a result
of the application of the expanded statutory reference for best value criteria.
Ms. Cindy Reed, Deputy Executive Director of Administration and Procurement,
further determines that for each year of the first five-year period the amendments
and new rule are in effect, the public benefit anticipated as a result of
enforcing the amended rule is compliance with the current statutory requirements
of Texas Government Code, Chapters 2155, 2156 and 2157 as they apply to best
value determinations in the contract award process.
Comments on the proposals may be submitted to Juliet King, Legal Counsel,
Texas Building and Procurement Commission, P.O. Box 13047, Austin, TX 78711-3047.
Comments must be received no later than thirty days from the date of publication
of the proposal to the
Texas Register
.
The amendments to §113.6 are proposed under the authority
of the Texas Government Code, Title 10, Subtitle D, §§2152.003,
2155.074, 2155.075, 2156.007, 2157.003 and 2157.125 which provides the Texas
Building and Procurement Commission with the authority to promulgate rules
necessary to implement the sections.
The following codes are affected by these rules: Texas Government Code,
Title 10, Subtitle D §§2152.003, 2155.074, 2155.075, 2156.007, 2157.003
and 2157.125.
§113.6.Bid Evaluation and Award.
(a)
Bid evaluation.
(1)
The commission may accept or reject any bid or any part
of a bid or waive minor technicalities in a bid, if doing so would be in the
state's best interest.
(2)
A bid price may not be altered or amended after bids are
opened except to correct mathematical errors in extension.
(3)
No increase in price will be considered after a bid is
opened. A bidder may reduce its price provided it is the lowest and best bidder
and is otherwise entitled to the award.
(4)
Bid prices are considered firm for acceptance for 30 days
from the bid opening date for open market purchases and 60 days for term contracts,
unless otherwise specified in the invitation for bids.
(5)
A bid containing a self-evident error may be withdrawn
by the bidder prior to an award.
(6)
Bid prices which are subject to unlimited escalation will
not be considered. A bidder may offer a predetermined limit of escalation
in his bid and the bid will be evaluated on the basis of the full amount of
the escalation.
(7)
A bid containing a material failure to comply with the
advertised specifications shall be rejected.
(8)
All bids must be based on "F.O.B. destination" delivery
terms unless otherwise specified.
(9)
If requested in the invitation for bids, samples must be
submitted or the bid will be rejected. The commission will require samples
only when essential to the assessment of product quality during bid evaluation.
Samples for non-winning bids shall be returned to a bidder whenever practicable,
at the bidder's expense. Otherwise, samples will be disposed of in the same
manner as surplus or salvage property.
(10)
When brand names are specified, bids on alternate brands
will be considered if they otherwise meet specification requirements.
(11)
Cash discounts are acceptable but are not considered in
making an award. All cash discounts offered will be taken if they are earned
by the agency.
(12)
No electrical item may be purchased unless the item meets
applicable safety standards of the federal Occupational Safety and Health
Administration (OSHA).
(b)
Award.
(1)
All awards shall be made to the bidder complying with the
best value criteria used in the bid and conforming to the advertised product
or service specifications. In determining which bidder is offering the best
value, in addition to price, the commission
may
[
(2)
An open market purchase contract is awarded and created
when the director of purchasing or his designee authorizes an open market
purchase order. A term contract is awarded and created when the director of
purchasing or his designee signs a notice of award.
(3)
In case of tie bids which cannot be resolved by application
of one or more preferences described in §113.8 of this title (relating
to Preferences), an award shall be made by drawing lots.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on May 20, 2002.
TRD-200203076
Juliet King
Legal Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: June 30, 2002
For further information, please call: (512) 463-3960
1 TAC §113.8
The Texas Building and Procurement Commission proposes amendment
to Title 1, T.A.C., §113.8, concerning Preferences. The amendment will
add two purchasing preferences pursuant to Texas Government Code, §2155.449
relating to a preference for goods and services from economically depressed
or blighted areas; and a preference for goods produced in a formerly contaminated
property for which the owner has a certificate of completion for voluntary
cleanup pursuant to and the Health and Safety Code, §361.609.
Ms. Cindy Reed, Deputy Executive Director of Administration and Procurement,
has determined for the first five year period the rule are in effect there
will be no fiscal implication for the state or local governments as a result
of the application of the additional preferences .
Ms. Cindy Reed, Deputy Executive Director of Administration and Procurement,
further determines that for each year of the first five-year period the amendment
is in effect, the public benefit anticipated as a result of enforcing the
amended rule is updated language that is consistent with statutory requirements
of Texas Government Code, §2155.449 for applying certain preferences
when determining the award of a bid. There will be no effect on large, small
or micro-businesses. There is no anticipated economic costs to persons who
are required to comply with this rule and there is no impact on local employment.
Comments on the proposals may be submitted to Juliet King, Legal Counsel,
Texas Building and Procurement Commission, P.O. Box 13047, Austin, TX 78711-3047.
Comments must be received no later than thirty days from the date of publication
of the proposal to the
Texas Register
.
The amendments to §113.8 are proposed under the authority
of the Texas Government Code, Title 10, Subtitle D, §§2152.003,
and 2155.449 which provides the Texas Building and Procurement Commission
with the authority to promulgate rules necessary to implement the sections.
The following codes are affected by these rules: Texas Government Code,
Title 10, Subtitle D, §§2152.003 and 2155.449.
§113.8.Preferences
(a)
Claiming a preference. To claim a preference, a bidder
shall mark the appropriate box on the face of the bid invitation. If the appropriate
box is not marked, a preference will not be granted unless other documents
included in the bid show a right to the preference.
(b)
Preferences.
(1)
Texas resident bidders.
(A)
A Texas resident bidder shall be given preference over
a nonresident bidder when the cost, and quality of the goods or services are
equal.
(B)
The commission may award a contract to a nonresident bidder
only if its bid is lower than the lowest bid submitted by a responsible Texas
resident bidder by the same amount that a Texas resident bidder would be required
to underbid the nonresident bidder to obtain a comparable contract in the
state where the nonresident's principal place of business is located. In evaluating
a bid of a nonresident bidder, an amount will be added equal to the amount
a Texas resident bidder would be required to underbid a nonresident bidder
to obtain a comparable contract in the state where the nonresident bidder's
principal place of business is located, otherwise known as reciprocal preference.
After the amount is added, an award may be made to the nonresident bidder
if it is determined to have the lowest price and best bid. The amount added
is for evaluation purposes only; in no event shall an amount be awarded in
excess of the amount actually bid.
(2)
Texas and United States products.
(A)
Supplies, materials, or equipment produced in Texas shall
be given preference over comparable goods produced outside Texas when the
cost and quality of the goods are equal. Supplies, materials, and equipment
are considered to be produced in Texas if they are manufactured in Texas;
"manufactured" does not include the work of packaging or repackaging.
(B)
Agricultural products grown in Texas shall be given preference
over comparable products grown outside Texas when the cost and quality of
the goods are equal. Agricultural products are considered grown in Texas if
they contain any amount grown in Texas. In case of tie bids between agricultural
products claiming the preference, the bidder whose product contains the greatest
percentage of the product grown in Texas will prevail. For purposes of this
preference, agricultural products include, among other things, textiles and
fiber products, processed and unprocessed foods, feed, lumber and forestry
products, live animals, plants, flowers, and nursery stock.
(C)
Supplies, materials, equipment, or agricultural products
produced or grown in the United States shall be given preference over foreign
products when the cost and quality are equal, if comparable goods of equal
cost and quality produced or grown in Texas or offered by Texas bidders are
not available.
(3)
Products of persons with mental or physical disabilities.
A preference shall be given to manufactured products of workshops, organizations,
or corporations whose primary purpose is training and employing persons with
mental or physical disabilities, if the products meet state specifications
as to quantity, quality, and price. Competitive bids are not required for
purchases of blind-made goods or services offered as a result of efforts by
the Texas Council on Purchasing from People with Disabilities, if the goods
or services meet state specifications as to quantity, quality, price, delivery,
life cycle costs, and costs no more than the fair market price of similar
items.
(4)
Recycled, remanufactured or environmentally sensitive products.
A preference shall be given to recycled, remanufactured or environmentally
sensitive products if the products meet state specifications as to quantity
and quality and defined best value factors.
(5)
Energy efficient products. A preference shall be given
to energy efficient products if they meet state requirements as to quantity
and quality, and are equal to or less than the cost of other products offered.
This preference shall be applied by evaluating the energy use of the products
offered and considering the costs of such energy use over the expected life
of the equipment. The methodology for evaluating energy use and costs shall
be included in the bid invitation.
(6)
Rubberized asphalt paving material. A preference shall
be given to rubberized asphalt paving material made from scrap tires by a
facility in this state if the cost, as determined by life-cycle cost benefit
analysis, does not exceed the bid cost of alternative paving materials by
more than 15%.
(7)
Recycled motor oil and lubricants. A preference shall be
given to motor oils and lubricants that contain at least 25% recycled oil
if the quality is comparable and the cost is equal to or less than new oil
and lubricants.
(8)
Products and services from
economically depressed or blighted areas as defined in Texas Government Code, §2306.004
or that meet the definition of a historically underutilized business zone
as defined by 15 U.S.C. Section 632(p). Preference shall be given to products
from economically depressed or blighted areas if they meet state requirements
as to quantity and quality, and are equal to or less than the cost of other
products offered.
(9)
Products produced at a facility
located on property for which the owner has received a certificate of completion
under §361.609, Health and Safety Code, if the goods meet state specifications
regarding quantity, quality, delivery, life cycle costs, and price.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on May 20, 2002.
TRD-200203077
Juliet King
Legal Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: June 30, 2002
For further information, please call: (512) 463-3960
1 TAC §113.9
The Texas Building and Procurement Commission proposes amendment
to Title 1, T.A.C., §113.9, concerning Contract Administration. The amendment
provides a specific remedy which can be asserted against a vendor who has
failed to pay damages assessed by the state. The amendment is in accordance
with Texas Government Code, §§2155.070 and 2155.077.
Ms. Cindy Reed, Deputy Executive Director of Administration and Procurement,
has determined for the first five year period the rules are in effect there
will be no fiscal implication for the state or local governments as a result
of the additional contract administration option. An indirect, positive fiscal
implication may be experienced because in specific instances the added option
will allow the commission to enforce vendor performance standards more efficiently
thereby improving the service and quality of goods provided to the customer
base.
Ms. Cindy Reed, Deputy Executive Director of Administration and Procurement,
further determines that for each year of the first five-year period the amendment
is in effect, the public benefit anticipated as a result of enforcing the
amended rule is compliance with the current statutory requirements of Texas
Government Code, §§2155.070 and 2155.077. There will be a positive
effect on large, small or micro-businesses that routinely participate in state
business opportunities in that a clear, enforceable mechanism will exist to
respond to and correct substandard performance by vendors. There is no anticipated
economic costs to persons who are required to comply with this rule and there
is no impact on local employment.
Comments on the proposals may be submitted to Juliet King, Legal Counsel,
Texas Building and Procurement Commission, P.O. Box 13047, Austin, TX 78711-3047.
Comments must be received no later than thirty days from the date of publication
of the proposal to the
Texas Register
.
The amendments to §113.9 are proposed under the authority
of the Texas Government Code, §§2152.003, 2155.070 and 2155.077.
The following codes are affected by these rules: Texas Government Code,
Title 10, Subtitle D, §§2152.003, 2155.070 and 2155.077.
§113.9.Contract Administration.
(a)
Inspection of merchandise.
(1)
Qualified ordering entities must inspect all shipments
received against orders and report any discrepancies to the commission immediately.
(2)
If unlisted shortages are discovered, the vendor and the
commission must be notified immediately. Unless shipments are checked immediately
upon arrival and such shortage reports are made within 15 days, the contractor
cannot be held responsible for shortages.
(3)
A contractor may be required to pick up any merchandise
not conforming to specifications and replace the merchandise immediately.
(b)
Substitutions. Substitution of items called for in a contract
is not permitted without the commission's prior approval. No such approval
will be granted unless substituted items are of equal quality and are offered
at the same or lower price.
(c)
Cancellations.
(1)
Cancellations on orders issued by the commission, either
on the part of the vendor or a qualified ordering entity, are not permitted
without the commission's prior written approval.
(2)
Orders may be canceled without the contractor's consent
due to unsatisfactory performance or nonperformance by the contractor.
(3)
Orders may not be canceled without first obtaining the
consent of the contractor if the reason for cancellation is not the fault
of the contractor.
(4)
A contract or a portion of a contract may be canceled on
request of the contractor if the contractor is unable to perform due to circumstances
beyond its control. In these instances, the commission will consider such
requests when presented in writing with proper documentation.
(d)
Damages for failure to perform.
(1)
A vendor who fails to perform as required under a contract
shall be liable for actual damages and costs incurred by the state.
(2)
If any merchandise delivered under a contract has been
used or consumed by an agency and on testing is found not to comply with specifications,
no payment may be approved by the commission for such merchandise until the
amount of actual damages incurred has been determined.
(3)
A vendor who fails to pay damages assessed by the state
may
be removed from the Centralized Master Bidders List (CMBL) for not
longer than one year. If complaints resume after the vendor is reinstated
on the bidders list, the commission may bar the vendor from participating
in state contracts pursuant to §113.102 of this title (relating to Vendor
Performance and Debarment.) A vendor may
not be awarded additional contracts
until such damages have been paid or the matter has been otherwise resolved.
(4)
The commission shall seek to collect damages by following
the procedures established by the Office of the Attorney General for the collection
of delinquent obligations.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on May 20, 2002.
TRD-200203078
Juliet King
Legal Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: June 30, 2002
For further information, please call: (512) 463-3960
C
]
D,
Voluntary
Acknowledgment [
or Denial
] of Paternity. Entities
that are required by law to provide paternity establishment services and entities
that wish voluntarily to provide paternity establishment services must abide
by the rules of this subchapter.
state.
]
151.002.
]
sign it before a witness;
]
(3)
return the form to a certified
entity.]
The Bureau of Vital Statistics will not accept the
Acknowledgment of Paternity form for filing without the Denial of Paternity
form, unless the presumed father is the man who has signed the Acknowledgment
of Paternity form.
]
are trained
by
] Office of the Attorney General [
staff
] at least once
yearly on the requirements for voluntarily establishing paternity. (The training
is not to exceed eight (8) hours at locations throughout the state established
by the Office of the Attorney General and Bureau of Vital Statistics.)
Part 5.
TEXAS BUILDING AND PROCUREMENT COMMISSION
Commission's
] services for a delegated or exempt purchase, a written
request shall be made in a manner and form determined by the Director of the
[
Central
] Procurement [
Services
] Division and containing
information the Director deems relevant to the purchase and processing of
the request. Such service shall be by cost recovery and the Director shall
determine and include all relevant factors related to providing the service
on a cost basis. In no event shall non-delegated purchases be placed in jeopardy
by the processing of delegated or exempt purchases.
(g)
The Director of the Central
Procurement Services Division is delegated the authority to establish purchasing
advisory committees as set forth in paragraphs (1) and (2) of this subsection:]
(1)
An Advisory Committee on Procurement authorized
under the Texas Government Code, §2155.080]
(2)
A Vendor Advisory Committee authorized under
the Texas Government Code, §2155.081.]
(h)
] The Commission hereby establishes
the program authorized by the Texas Government Code, §2155.078 and delegates
to the Director of the [
Central
] Procurement Division the authority
to administer the training, certification, and continuing education program
for state agency purchasing personnel, including agencies exempted from the
purchasing authority of the Commission, and purchasing personnel employed
by a political subdivision or other public entity of the state in accordance
with the Texas Government Code, Title 10, Subtitle D, Subchapter B, §2155.078
on a cost recovery basis. The director is further directed to promulgate guidelines
for administering this program consistent with sound purchasing principles
and state law.
(31)
] Manufacturer's price list--A
price list published in some form by the manufacturer and available to and
recognized by the trade. The term does not include a price list prepared especially
for a given bid.
(32)
] Multiple award contract
procedure--A purchasing procedure by which the commission establishes one
or more levels of quality and performance and makes more than one award at
each level.
(33)
] Non-competitive purchase--A
purchase of goods or services (also referred to as "spot purchase") that does
not exceed the amount stated in §113.11 (c) (1) of this title (relating
to Delegated Purchases).
(34)
] Notice of award--A letter
signed by the director or his designee which awards and creates a term contract.
(35)
] Open market purchase--A
purchase of goods, usually of a specified quantity, made by buying from any
available source in response to an open market requisition.
(36)
] Performance bond--A surety
bond which provides assurance of a bidder's performance of a certain contract.
The amount for the performance bond shall be based on the bidder's annual
level of potential monetary volume in the state purchasing program. Acceptable
forms of bonds are those described in the definition for "bid deposit".
(37)
] Perishable goods--Goods
that are subject to spoilage within a relatively short time and that may be
purchased by agencies under delegated authority.
(38)
] Post-consumer materials--Finished
products, packages, or materials generated by a business entity or consumer
that have served their intended end uses, and that have been recovered or
otherwise diverted from the waste stream for the purpose of recycling.
(39)
] Pre-consumer materials--Materials
or by-products that have not reached a business entity or consumer for an
intended end use, including industrial scrap material, and overstock or obsolete
inventories from distributors, wholesalers, and other companies. The term
does not include materials and by-products generated from, and commonly reused
within, an original manufacturing process or separate operation within the
same or a parent company.
(40)
] Proprietary--Products or
services manufactured or offered under exclusive rights of ownership, including
rights under patent, copyright, or trade secret law. A product or service
is proprietary if it has a distinctive feature or characteristic which is
not shared or provided by competing or similar products or services.
(41)
] Public bid opening--The opening
of bids at the time and place advertised in the bid invitation, in the presence
of anyone who wishes to attend. On request of any person in attendance, bids
will be read aloud.
(42)
] Purchase orders--
(43)
] Purchasing functions--The
development of specifications, receipt and processing of requisitions, review
of specifications, advertising for bids, bid evaluation, award of contracts,
and inspection of merchandise received. The term does not include invoice,
audit, or contract administration functions.
(44)
] Qualified information systems
vendor catalogue proposal--A request for offers or quotations of prices from
catalogue vendors (QISV).
(45)
] Qualified cooperative entity--An
entity that qualifies for participation in the cooperative purchasing program:
(46)
] Qualified Ordering Entity--A
state agency as the term is defined under the Texas Government Code, Title
10, §2151.002, or an entity that qualifies for participation in the cooperative
purchasing program as defined in Local Government Code, Subchapter D, §271.081.
(47)
] Recycled material content--The
portion of a product made with recycled materials consisting of pre-consumer
materials (waste), post-consumer materials (waste), or both.
(48)
] Recycled materials--Materials,
goods, or products that contain recyclable material, industrial waste, or
hazardous waste that may be used in place of raw or virgin materials in manufacturing
a new product.
(49)
] Recycled product--A product
that meets the requirements for recycled material content as prescribed by
the rules established by the Texas Natural Resource Conservation Commission
in consultation with the
Texas Building and Procurement
[
General Services
] Commission.
(50)
] Remanufactured product--A
product that has been repaired, rebuilt, or otherwise restored to meet or
exceed the original equipment manufacturer's (OEM) performance specifications;
provided, however, the warranty period for a remanufactured product may differ
from the OEM warranty period.
(51)
] Request for proposal--A
written request for offers concerning goods or services the state intends
to acquire by means of the competitive sealed proposal procedure.
(52)
] Requisition--
(53)
] Responsible vendor--A vendor
who has the capability to perform all contract requirements in full compliance
with applicable state law, ethical standards, and applicable commission rules.
(54)
] Resolution--Document of
legal intent adopted by the governing body of a qualified cooperative entity
that evidences the qualified cooperative entity's participation in the cooperative
purchasing program.
(55)
] Scheduled purchase--A purchase
with a prescheduled bid opening date, allowing the commission to combine orders
for goods.
(56)
] Sealed bid--A formal written
bid.
(57)
] Solicitation--An invitation
for bids or a request for proposals.
(58)
] Specification--A concise
statement of a set of requirements to be satisfied by a product, material
or service, indicating whenever appropriate the procedures to determine whether
the requirements are satisfied.
(59)
] Standard specification--A
description of what the purchaser requires and what a bidder or proposer must
offer.
(60)
] Successor-in-interest--Any
business entity that has ownership similar to a business entity. For purposes
of §113.102 of this title (relating to Vendor Performance and Debarment),
it shall be presumed that a business entity that employs, or is associated
with, any partner, member, officer, director, responsible managing officer,
or responsible managing employee, of a business entity that was previously
debarred is a successor-in-interest.
(61)
] Tabulation of bids--The
recording of bids and bidding data for purposes of bid evaluation and recordkeeping.
(62)
] Term contract purchase--A
purchase by a qualified ordering entity under a term contract, which established
a source of supply for particular goods at a given price for a specified period
of time.
(63)
] Testing--an element of inspection
involving the determination, by technical means, of the properties or elements
of item(s) or component(s), including function operation.
(64)
] Texas uniform standards
and specification--Standards and specifications prepared and published by
the standards and specifications program of the commission.
(65)
] Total expenditures on products
with recycled material content, remanufactured products, and environmentally
sensitive products--The total direct acquisition costs (vendor selling price
plus delivery costs) of all such products.
(66)
] Unit price--The price of
a selected unit of a good or service, e.g., price per ton, per labor hour,
or per foot.
(67)
] Using agency--An agency
of government that requisitions goods or services through the commission.
(68)
] Vendor--A supplier of goods
and services to the state.
applied and been accepted
] for inclusion on the CMBL. The
CMBL is maintained for the state's use in obtaining competitive bids for purchases
and for registering vendors who wish to be designated as qualified information
systems vendors. [
No vendor will be placed on the CMBL to receive bid
invitations for information purposes only.
] Bid invitations and requests
for proposals
shall be
[
are
] transmitted to vendors
on the CMBL for the solicited commodity and/or service
designated by
the vendor
for open market, term contracts, competitive sealed proposal
acquisitions and delegated purchases in excess of the non-competitive bid
limit.
To be considered for inclusion on
the CMBL, a vendor must:
]
(1)
complete the application form
provided by the commission which includes certification that the vendor has
access to the class and item codes and is aware of the requirements and procedures
regarding the provision of goods, services and other transactions with the
state and its qualified ordering entities;]
(2)
remit a check or money order
in the amount of $100, which is the biennial maintenance fee assessed to cover
the commission's costs for maintaining the bidders list and transmission of
bids or proposals. This fee, less a reasonable handling fee approved by the
director, will be refunded if the applicant is not accepted for inclusion
on the CMBL.]
The commission will review and evaluate the CMBL application,
and may reject an application that is not satisfactorily completed.
]
(2)
failing to submit bids in
response to bid invitations on either: ]
(A)
four consecutive open market invitations concerning
the affected class or item; or ]
(B)
one or more contract or schedule invitations
concerning the affected class;]
(3)
] failing to remit the
annual
[
biennial
] CMBL [
maintenance
] fee; or
(4)
] any factor set forth in Government
Code, Chapter 2155 [
, §§ 2155.070 and 2155.077
].
by the director
].
shall
]
consider and evaluate the factors set out in Government Code, Title 10, Subtitle
D, Subchapter A,
§§2155.074, 2155.075, 2156.007, 2157.003 and
2157.125
, [
§2156.007
] and all other factors comprising
the best value criteria as may be set forth in the
solicitation
[
bid
].