Part 5.
TEXAS BUILDING AND PROCUREMENT COMMISSION
Chapter 113.
PROCUREMENT DIVISION
Subchapter A. PURCHASING
1 TAC §113.19
The Texas Building and Procurement Commission proposes amendments
to 1 TAC Chapter 113, Subchapter A, Purchasing, §113.19, concerning Centralized
Master Bidder's List. The proposed amendments will change the title of the
rule to be consistent with the governing statute, correct various administrative
errors in describing requirements of the catalog information systems vendor
(CISV) program and add a specific statutory reference.
The proposed rule change will add a provision to allow vendors to reflect
the term "negotiated" in lieu of the second "state price" when a vendor's
government marketing strategy would be adversely affected by disclosing a
state price.
The proposed rule change will include a new subsection that implements
the Commission's statutory authority to prescribe a higher monetary threshold
(in excess of $2,000) for non-competitive CISV purchases. The new threshold
is $5,000.
The added subsection will establish a threshold that is consistent with
the non-competitive for delegated purchases allowed under the provisions of
Texas Government Code, §2155.132 and §113.11 of this subchapter.
Each of the proposed amendments will add clarity and eliminate ambiguity
in describing the requirements of CISV program.
Cindy Reed, Executive Director, 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 proposed amendments. A positive
fiscal impact on state and local governments is anticipated because the enhanced
rule clarity will facilitate the use and understanding of the CISV Program
component of the state procurement process.
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 amended rule is compliance with the current statutory requirements
of Texas Government Code, Chapter 2155 and Chapter 2157. There will be a positive
effect on large, small or micro-businesses that routinely participate in state
business opportunities in that the enhanced rule clarity will enable businesses
to better understand the registration and functional requirements of the CISV
Program. There will be no anticipated economic costs to persons who are required
to comply with the amended rule and there is no impact on local employment.
Comments on the proposed amendments may be submitted to Ingrid K. Hansen,
General Counsel, Texas Building and Procurement Commission, P.O. Box 13047,
Austin, Texas 78711-3047. Comments may also be sent via e-mail to ingrid.hansen@tbpc.state.tx.us.
All comments must be received no later than 30 days from the date of publication
of the proposal in the
Texas Register
.
The amendments to §113.19 are proposed under the authority
of the Texas Government Code, Title 10, Subtitle D, §§2152.003,
2157.0611, and 2157.066 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 the amendments: Texas Government Code,
Title 10, Subtitle D, §§2157.0611, 2157.062, 2157.066, and 2157.067.
§113.19. Catalog Information Systems Vendor Program [
(a)
Upon registration on the
Commission's
[
(b)
(No change.)
(c)
Each vendor's catalog shall:
(1)
contain a statement acknowledging that any terms and conditions
in the vendor's
catalog
[
(2)
conform
[
(3)
be maintained on a website in accordance with
paragraph
[
(d)
Vendors are responsible for maintaining a current price
list
, including list and state prices in
[
(e)
(No change.)
(f)
Failure of a vendor to remain active on the CMBL, or failure
to conform to any other
Commission
[
(g) - (h)
(No change.)
(i)
The State of Texas is committed to assisting historically
underutilized businesses (HUBs) to receive a portion of the total value of
all contracts that an agency will award. If the vendor qualifies as a HUB,
but is not certified by the State of Texas as such, the vendor should contact
the
Commission
[
(j)
Pursuant to the provisions of Texas Government
Code, §2157. 0611, the monetary threshold for non-competitive CISV purchases
for commodities and services shall correspond with the threshold of $5,000
for non-competitive delegated purchases as set forth in TBPC's Delegated Purchases
Rule, 1 TAC §113.11.
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 February 23, 2005.
TRD-200500817
Ingrid K. Hansen
General Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: April 10, 2005
For further information, please call: (512) 463-4257
Subchapter A. STATE SURPLUS AND SALVAGE PROPERTY
Centralized Master Bidder's List ].
commission's
] Centralized Master Bidders List (CMBL), a vendor wishing
to sell or lease automated information systems to governmental entities in
accordance with this rule shall register with the
Commission
[
commission
] as a catalog information systems vendor (CISV) by submitting
a catalog Universal Resource Locator (URL), i.e., web site address.
catalogue
] that conflict with
the Constitution or laws of the State of Texas shall not be enforceable and,
therefore, will not be binding.
Conform
] to requirements
set forth in Texas Government Code,
§2157.062 and
§2157.066
and any other requirements established by the
Commission
[
commission
].
subsection
] (2) of this
subsection
[
section
] and include indexing and keywords consistent with the
Commission's
[
commission's
] online catalog
requirements
[
Landing Page Requirements
]. The vendor's catalog maintained on the website
and in compliance with this rule shall be the official version of the catalog.
on
] their
catalog.
Where marketing strategy is a concern, the term "negotiated"
may be substituted for the state price.
commission
] rules
may result in suspension or removal of CISV status. A vendor that has been
suspended or removed may not market or sell products or services from its
CISV catalog to the state until the cause of the suspension or removal has
been resolved.
commission
] to obtain a HUB certification
application. Upon the request of a governmental entity, the vendor will be
required to detail the amount of expenditures that have been made to material
suppliers and subcontractors that are Texas certified HUBs. A vendor that
has demonstrated past HUB participation is still expected to provide documentation
using the reporting forms provided by a governmental entity to show its good
faith effort in meeting or exceeding the state's procurement utilization goals
identified in TBPC's HUB Rules (1 TAC §111.14).
Chapter 126.
SURPLUS AND SALVAGE PROPERTY PROGRAMS