EMERGENCY RULES 
 
 An agency may adopt a new or amended section or repeal an existing section on 
an emergency basis if it determines that such action is necessary for the public 
health, safety, or welfare of this state. The section may become effective 
immediately upon filing with the  Texas Register, or on a stated date less than 
20 days after filing and remaining in effect no more than 120 days. The 
emergency action is renewable once for no more than 60 additional days. 
  Symbology in amended emergency sections. New language added to an existing 
section is indicated by the use of  bold text. [Brackets] indicate deletion of 
existing material within a section. 
 
   
  TITLE 1. ADMINISTRATION 
 Part V. General Services Commission 
  Chapter 113. Central Purchasing Division 
  
  Purchasing 
 
  1 TAC sec.113.19 
 
  The General Services Commission adopts, on an emergency basis, an amendment to 
sec.113.19, concerning the catalogue purchase procedure for automated 
information systems. The amendment eliminates unnecessary requirements for 
vendors to be designated as qualified information system vendors. The amendment 
is adopted on an emergency basis because it is necessary to immediately 
eliminate and prevent the unnecessary costs passed on to state agencies and 
political subdivisions through higher prices resulting from vendor compliance 
with unnecessary paperwork. The amendment is also being simultaneously proposed 
for public comment elsewhere in this issue of the  Texas Register. 
 The amendment is adopted, on an emergency basis, under Texas Civil Statutes, 
Article 601b, sec.3.081, which provide the General Services Commission with the 
authority to promulgate rules necessary to accomplish the purpose of the 
section. 
 
 
  sec.113.19. Catalogue Purchase Procedure for Automated Information Systems. 
 
  (a) Upon registration on the commission's bidders list, a vendor wishing to 
sell or lease automated information systems to eligible purchasers in accordance 
with this rule shall apply to the commission for designation as a qualified 
information systems vendor by <nl>completing and<ol> submitting <nl>an<ol> [a 
written] application <nl>and catalogue.<ol> [on company letterhead detailing 
its:] 
 
  [(1) abilities to satisfy the state's automation information systems needs; 
   
  [(2) number of years in business; 
   
  [(3) name, address, telephone number and point of contact for three business 
references; and 
   
  [(4) signature of an authorized representative.] 
     
  (b)<nl> An application must include the following:<ol> [The following must 
accompany a vendor's application]: 
 
  [(1) the vendor's catalogue describing: 
 
  [(A) all products and services eligible for purchase or lease; 
   
  [(B) the list price of each product or service; and 
   
  [(C)  the discounted price to the state for each product and service to the 
state. 
   
  [(D) a separate alphabetical index referencing the page number of all products 
offered in vendor's catalogue; and 
   
  [(E) licensing agreements or other contracts authorizing vendor to distribute 
each product listed in vendor's catalogue.] 
     
  <nl>(1)<ol>[(2)] the vendor's maintenance, repair and support plan for all 
eligible products and services; 
   
  <nl>(2)<ol>[(3)] proof of the vendor's financial resources and ability to 
perform; 
   
  <nl>(3)<ol>[(4)] a guarantee that the vendor will make available repair and 
replacement parts as well as technical information required for repair of 
products sold for at least three years from the date of a product's 
discontinuance; 
   
  <nl>(4)<ol>[(5)] a statement detailing the geographic area in Texas to which 
the vendor desires to market catalogue products and services; 
   
  <nl>(5)<ol>[(6)] a statement certifying that: 
 
  (A) the vendor has reviewed the rules promulgated by the Department of 
Information Resources (DIR) and that all products and services offered in the 
vendor's catalogue conform and comply with all applicable standards adopted by 
the DIR; 
   
  (B) the vendor has not given, offered to give, nor intends to give at any time 
hereafter any economic opportunity, future employment, gift, loan, gratuity, 
special discount, trip, favor, or service to a public servant in connection with 
catalogue purchase transactions; 
   
  (C)  the vendor is not currently delinquent in the payment of any franchise 
tax owed the State of Texas under Tax Code, Chapter 171; 
   
  (D) the vendor assigns to purchaser any and all claims for overcharges 
associated with any catalogue transaction which arise under the antitrust laws 
of the United States or the State of Texas; and 
   
  (E) the vendor will protect eligible purchasers from claims involving 
infringement of patents or copyrights. 
     
  <nl>(6)<ol>[(7)] a statement acknowledging that any terms and conditions in 
the vendor's catalogue that conflict with the Constitution or laws of the State 
of Texas shall not be enforceable and, therefore, will not be binding. 
   
  <nl>(7) the name, address, telephone number and point of contact for three 
customer references; and 
   
  <nl>(8) the signature of the vendor's authorized representative. 
     
  (c) (No change.) 
   
  (d) Upon receipt of a properly completed application <nl>and catalogue<ol>, 
the Director for Purchasing or the Director's designee shall give consideration 
to the following standards and criteria when deciding to designate a vendor as a 
qualified information systems vendor: 
 
  (1) the technical adequacy and reliability of the vendor's products as 
demonstrated by conformity to all state and federal requirements, including but 
not limited to ANSI, FCC, NEMA, OSHA and UL standards; 
   
  (2) all factors set forth in Texas Civil Statutes, Article 601b, sec.3.11(e); 
   
  (3) the vendor's past and current status on the commission's bidders list and 
any unresolved complaints on record; and 
   
  (4) the ability of the vendor, as determined by the commission in its sole 
discretion, to provide adequate and reliable support and maintenance, currently 
and in the future, for all products and services detailed in the vendor's 
catalogue for the geographic area in Texas to which the vendor desires to market 
products and services. 
     
  (e) (No change.) 
   
  (f) An application that is incomplete or that contains inaccurate information 
will <nl>not<ol> be <nl>approved<ol> [rejected] and the vendor <nl>will be<ol> 
notified <nl>of corrections needed<ol>. 
   
  (g) Each catalogue supplied by a vendor shall: 
 
  [(1) be printed on 8-1/2 by 11 inch recycled paper; 
   
  [(2) be three-hole punched for inclusion in a three ring binder of catalogues; 
   
  [(3) list available products and services utilizing the five digit class and 
item numbering structure of the commission's Commodity Code Book;] 
   
  <nl>(1)<ol>[(4)] describe all products <nl>or<ol>[and] services eligible for 
purchase; 
   
  <nl>(2)<ol>[(5)] include the list price of each product or service; 
   
  <nl>(3)<ol>[(6)] show the discounted price to the state for each product 
<nl>or<ol> [and] service; 
   
  [(7) show discounted pricing for quantity discounts and specific terms for 
prompt payment discounts that may be earned;] 
   
  <nl>(4)<ol>[(8)] <nl>include an <ol>[bear its] effective date; 
   
  [(9) detail the geographic area in Texas the vendor has been authorized by the 
commission to cover;] 
   
  <nl>(5)<ol>[(10)] provide necessary ordering information (vendor name, 
ordering address, points of contact, phone numbers, etc.); and 
   
  <nl>(6) <ol>[(11)]<nl>contain <ol>[bear] the statement: "This is a true and 
accurate copy of the catalogue approved and on file with the General Services 
Commission." 
     
  (h) The vendor is encouraged <nl>to print their catalogue on recycled paper 
and<ol> to  <nl>itemize<ol> [include an itemization in their catalogue] or 
otherwise identify any and all automation information systems products which: 
 
  (1) contain recycled or remanufactured parts, including the percentage of the 
total product that is recycled or remanufactured and the percentage of recycled 
material that is post consumer; and 
   
  (2)  possess energy saving features. 
     
  (i)-(j) (No change.) 
   
  (k) The vendor must provide the commission with the following information to 
maintain its qualification status: 
 
  (1) semiannual reports, due to the commission by the 15th of March and 
September, detailing the volume and value of orders placed by each eligible 
purchaser during the preceding six calendar months, showing: 
 
  (A) the eligible purchaser's identity; and 
   
  (B) the purchaser's requisition or purchase order number and its date<nl>.<ol> 
[;] 
   
  [(C) the class and item designations of the products and services ordered; 
   
  [(D) a brief description of the items ordered, 
   
  [(E) the quantity of each item ordered; and 
   
  [(F)  each item's unit cost and the order total; or semiannual reports shall 
be provided indicating no orders placed with the vendor during the reporting 
period, if applicable.] 
     
  [(2) immediate reports of any and all additional terms and conditions 
negotiated with eligible purchasers; such additional terms and conditions are 
subject to disclosure under the Texas Open Records Act.] 
     
  (l)-(m) (No change.) 
   
  (n) [State agencies covered by the Information Resources Management Act and 
local governments that have complied with the commission's rules regarding 
participation in the Cooperative Purchasing Program may purchase or lease 
automated information systems products and services directly from a qualified 
information systems vendor, and may negotiate additional terms and conditions to 
be included in contracts for the purchase or lease, provided the purchase or 
lease represents the best value available and is in the state's best interests.] 
Preference shall be given to qualified information systems vendors who sell or 
lease products or services pursuant to Texas Civil Statutes, Article 601b,  
s3.20. [In this section, the best value available means the lowest overall cost 
of considering the following factors, as well as any other relevant factors: 
 
  [(1) the overall life cycle cost of the system or equipment, including the 
purchase price, installation costs and hardware costs; 
   
  [(2) estimated cost of employee training and estimated increase in employee 
productivity; 
   
  [(3) estimated software and maintenance costs; 
   
  [(4) compatibility to facilitate exchange of existing data; 
   
  [(5)  capacity for expansion and upgrading to more advanced levels of 
technology; 
   
  [(6) quantitative reliability factors; 
   
  [(7) the level of training required to bring end-users to a stated level of 
proficiency; 
   
  [(8) the technical support requirements for maintenance of data across a 
network platform and management of the network's hardware and software; and 
   
  [(9) compliance with applicable statewide standards adopted by the DIR or a 
subsequent entity as validated by criteria established by administrative rule.] 
     
  (o) <nl>In this section an eligible purchaser is a state agency subject to the 
Information Resources Management Act (Texas Civil Statutes, Article 4413(32j)) 
or a local government that participates in the Cooperative Purchasing Program 
under Texas Local Government Code,  ssec.271.081 et.seq.<ol> [Purchases of 
automated information systems shall be made using the catalogue purchase 
procedure unless the commission or eligible purchaser determines that the best 
value available accrues from an alternative purchase method authorized by Texas 
Civil Statutes, Article 601b, in which case the purchase shall be made using 
that method of purchase.] 
   
  (p) (No change.) 
 
  Issued in Austin, Texas, on April 26, 1994. 
 TRD-9439916 
  Judith M. Porras 
 General Counsel 
 General Services Commission 
    Effective date: April 28, 1994 
 Expiration date: August 27, 1994 
 For further information, please call: (512) 463-3960