PART 10. DEPARTMENT OF INFORMATION RESOURCES
CHAPTER 217. PROCUREMENT OF INFORMATION RESOURCES
The Department of Information Resources (department) proposes new Chapter 217, §§217.1 - 217.3, 217.10, 217.11, 217.30 and 217.31. These rules are promulgated to implement §361.965, Texas Health and Safety Code, State Procurement Requirements related to Computer Recycling Programs, §2054.121, Texas Government Code, which requires the adoption of rules in a manner that expressly applies to institutions of higher education, and §2054.052(a), Texas Government Code, which authorizes the department to adopt rules necessary to implement its responsibilities under the Information Resources Management Act. The rules are structured into three subchapters. Subchapter A, §217.1 - 217.3 are definitions. Subchapter B, §217.10, and §217.11 contain the rules that apply only to state agencies. Subchapter C, §217.30 and §217.31, contain the rules that apply only to institutions of higher education.
The rules being proposed for publication underwent the analysis required by §2054.121, Texas Government Code, and found to have no impact on the mission of higher education, student populations, and federal grant requirements. Alternate methods of implementation of this policy were considered to achieve the purpose of the rules and no alternates were found. The department did consider exempting institutions of higher education from all or part of the requirements of the rules.
Ms. Sherri Parks, Director of the Contracting and Procurement Services Division for the department, has determined that for each year of the first five years there will be no fiscal implications for state or local government.
Ms. Parks has also determined that the public will benefit by the adoption by being consistent with the consumer recycling program that is run by the Texas Commission on Environmental Quality. These rules apply that program to state spending on computers. In the extent that the legislature has found recycling of computers to be a public benefit, these rules make the recycling program bigger.
Ms. Parks believes there will be no different effect on small businesses than there is on large businesses and that there is no additional anticipated economic cost to persons if the rules are adopted.
Comments on proposed new Chapter 217 may be submitted to Cynthia J. Kreider, Attorney, Department of Information Resources, via mail to P.O. Box 13564, Austin, Texas 78711, or electronically to cynthia.kreider@dir.state.tx.us no later than 5:00 p.m. CST, within 30 days after publication.
SUBCHAPTER A. DEFINITIONS
The rules are proposed under §361.965, Texas Health and Safety Code, §2054.121 and §2054.052(a), Texas Government Code.
No other statutes, articles, or codes are affected by these rules.
§217.1.Key Terms for Procurement of Information Resources.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Computer Equipment--a desktop or notebook computer and includes a computer monitor or other display device that does not contain a tuner.
(2) Department--The Department of Information Resources.
(3) Manufacturer--a person:
(A) who manufactures or manufactured computer equipment under a brand that:
(i) the person owns or owned; or
(ii) the person is or was licensed to use, other than under a license to manufacture Computer Equipment for delivery exclusively to or at the order of the licensor;
(B) who sells or sold Computer Equipment manufactured by others under a brand that:
(i) the person owns or owned; or
(ii) the person is or was licensed to use, other than under a license to manufacture Computer Equipment for delivery exclusively to or at the order of the licensor;
(C) who manufactures or manufactured Computer Equipment without affixing a brand;
(D) who manufactures or manufactured Computer Equipment to which the person affixes or affixed a brand that:
(i) the person does not or has not owned; or
(ii) the person is not or was not licensed to use; or
(E) who imports or imported computer equipment manufactured outside the United States into the United States unless at the time of importation the company or licensee that sells or sold the Computer Equipment to the importer has or had assets or a presence in the United States sufficient to be considered the Manufacturer.
§217.2.Institution of Higher Education.
A university system or institution of higher education as defined by §61.003, Texas Education Code.
§217.3.State Agency.
A department, commission, board, office, or other agency that is in the executive or legislative branch of state government and that was created by the constitution or a statute, excluding an institution of higher education as defined by §61.003, Texas Education Code; or the supreme court, the court of criminal appeals, a court of appeals, or the Texas Judicial Council or another agency in the judicial branch of state government.
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 13, 2009.
TRD-200900607
Renee Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: March 29, 2009
For further information, please call: (512) 463-6124
The rules are proposed under §361.965, Texas Health and Safety Code, §2054.121 and §2054.052(a), Texas Government Code.
No other statutes, articles or codes are affected by these rules.
§217.10.Bidder Certification Required for Bidding on Computer Equipment.
(a) A public solicitation for the purchase or lease of Computer Equipment issued by the Department or another state agency, after compliance with Chapter 212 of this title (relating to Purchases of Commodity Items), is required to contain the following certification to be completed by bidders, including Manufacturers and resellers: Bidder hereby certifies its compliance with Subchapter Y, Chapter 361, Texas Health and Safety Code and the Texas Commission on Environmental Quality rules, 30 TAC Chapter 328.
(b) Failure of a bidder to provide this certification shall render the bidder ineligible to participate in the bidding. The Department or other state agency shall reject the related bid and not evaluate it.
(c) Each state agency that solicits bids or proposals from the public for the purchase and/or lease of Computer Equipment must do so in accordance with applicable rules adopted by the Comptroller of Public Accounts pertaining to competitive bidding or competitive sealed proposals.
§217.11.Computer Recycling Preference.
The Department or a state agency, after compliance with Chapter 212 of this title (relating to Purchases of Commodity Items), shall include in all bids for the purchase or lease of Computer Equipment a special preference for all Manufacturers that have a program to recycle the Computer Equipment of other Manufacturers, which program includes collection events and Manufacturer initiatives to accept Computer Equipment labeled with another Manufacturer's brand. The preference may take the form of extra evaluation points or be the tie-breaking factor among equal bids.
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 13, 2009.
TRD-200900608
Renee Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: March 29, 2009
For further information, please call: (512) 463-6124
The rules are proposed under §361.965, Texas Health and Safety Code, §2054.121 and §2054.052(a), Texas Government Code.
No other statutes, articles or codes are affected by these rules.
§217.30.Bidder Certification Required for Bidding on Computer Equipment.
(a) A public solicitation for the purchase or lease of Computer Equipment issued by an institution of higher education is required to contain the following certification to be completed by bidders, including Manufacturers and resellers: Bidder hereby certifies its compliance with Subchapter Y, Chapter 361, Texas Health and Safety Code and the Texas Commission on Environmental Quality rules, 30 TAC Chapter 328.
(b) Failure of a bidder to provide this certification shall render the bidder ineligible to participate in the bidding. The institution of higher education shall reject the related bid and not evaluate it.
(c) Each institution of higher education that solicits bids or proposals from the public for the Purchase and/or lease of Computer Equipment must do so in accordance with applicable rules adopted by the Comptroller of Public Accounts pertaining to competitive bidding or competitive sealed proposals.
§217.31.Computer Recycling Preference.
All institutions of higher education shall include in all bids for the purchase or lease of Computer Equipment a special preference for all Manufacturers that have a program to recycle the Computer Equipment of other Manufacturers, which program includes collection events and Manufacturer initiatives to accept Computer Equipment labeled with another Manufacturer's brand. The preference may take the form of extra evaluation points or be the tie-breaking factor among equal bids.
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 13, 2009.
TRD-200900609
Renee Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: March 29, 2009
For further information, please call: (512) 463-6124