1 TAC §113.11
The Texas Building and Procurement Commission proposes amendments
to 1 TAC §113.11, concerning Delegated Purchases.
The amendments to §113.11 are proposed to change the requirement to
reflect that of three bids that must be taken, two must come from HUB vendors.
The current rule requires three bids, including one from a woman owned business
and one from a HUB. This recommendation for change is based on information
received from the Statewide HUB Program which indicates that women are the
most utilized of all HUB vendors.
Cindy Reed, Deputy Executive Director, 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.
Ms. Reed has further determined 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 amendments to 1 TAC §113.11 is the increased involvement
of a wider variety of HUB vendors in the state procurement process. There
is no anticipated effect on large, small or micro-businesses. There is no
anticipated economic costs to persons who are required to comply with the
amendments and there is no adverse impact on local employment.
Comments on the proposed amendments may be submitted to Robert F. Moreland,
Attorney, Texas Building and Procurement Commission, P.O. Box 13047, Austin,
Texas 78711-3047. Comments must be received no later than 30 days from the
date of publication of the proposal in the
Texas
Register
.
The amendments to 1 TAC §113.11 is proposed under the authority
of the Texas Government Code, Title 10, Subtitle D, Chapter 2155, §2155.132,
which provides the Texas Building and Procurement Commission with the authority
to promulgate rules necessary to implement the sections related to delegated
purchases.
The following code is affected by the amendments: Government Code, Title
10, Subtitle D, Chapter 2155.
§113.11.Delegated Purchases.
(a) - (d)
(No change.)
(e)
Provisions applicable to particular delegated purchases.
(1)
Commodity purchases. Commodity purchases may be made in
accordance with the following provisions:
(A)
Agencies must attempt to obtain at least three informal
bids, including a minimum of two bids from historically underutilized businesses
(HUBs)
[
(including at least one bid each from a minority owned
business and a woman owned business)
], on all commodity purchases in
excess of $2,000 and not over $10,000. Agencies must meet competitive bidding
requirements and may supplement the list of bidders obtained from the CMBL
and
HUBs
[
Historically Underutilized Business (HUB)
]
Directory with non-CMBL bidders if the purchase price does not exceed $5,000.
Agencies must attempt to obtain at least three formal bids, including a minimum
of two bids from HUBs [
(including at least one bid each from a minority-owned
business and a woman-owned business)
], on all commodity purchases in
excess of $10,000 and not over $25,000. Agencies may refer to the commission's
HUB Directory, which is maintained and accessible electronically, to locate
HUBs
[
historically underutilized businesses
]. If an agency
is unable to locate
two HUBs
[
a minority-owned business and/or
a woman-owned business
] from the commission's HUB Directory or other
available sources, the agency must make a written notation in the purchase
file of all reference sources used.
(B)
(No change.)
(2) - (3)
(No change.)
(4)
Services. Purchases of services estimated to cost no more
than $100,000 per year per contract are delegated and must be obtained through
a competitive selection process, and appropriate documentation must be forwarded
to the commission for approval.
(A)
(No change.)
(B)
Agencies must attempt to obtain at least three informal
bids, including a minimum of two bids from HUBs [
(including at least
one bid each from a minority-owned business and a woman-owned business)
],
on all service purchases in excess of $2,000 and not over $10,000.
(C)
Agencies must meet competitive bidding requirements and
may supplement the list of bidders obtained from the CMBL and
HUBs
[
Historically Underutilized Business (HUB)
] Directory with non-CMBL bidders
if the purchase price does not exceed $5,000.
(D)
Agencies must attempt to obtain at least three formal bids,
including a minimum of two bids from HUBs [
(including at least one bid
each from a minority-owned business and a woman-owned business)
], on
all service purchases in excess of $10,000 and not over $25,000. Agencies
may refer to the commission's HUB Directory, which is maintained and accessible
electronically, to locate
HUBs
[
historically underutilized
businesses
]. If an agency is unable to locate
two HUBs
[
a minority-owned business and/or a woman-owned business
] from the commission's
HUB Directory or other available sources, the agency must make a written notation
in the purchase file of all reference sources used. For purchases of services
estimated up to $25,000, state agencies shall solicit a minimum of three bids
(two must be HUBs[
, one minority and one woman-owned business
])
from CMBL and HUB Directory Vendors located in the agencies' geographic region.
(E) - (F)
(No change.)
(5) - (7)
(No change.)
(f) - (j)
(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 March 25, 2003.
TRD-200301994
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: May 11, 2003
For further information, please call: (512) 475-2400