1 TAC §113.100, §113.102
The General Services Commission adopts amendments to Sections
113.100 and 113.102 concerning the Vendor Management and Debarment Program.
The amendments are adopted without changes to the proposed text as published
in the February 5, 1999, issue of the
Texas Register
(24 TexReg 649). The text will not be republished.
The amendments to Sections 113.100 and 113.102 will eliminate predetermined
debarment time periods; add flexible time periods to be determined administratively
depending upon the seriousness of the vendor's action; establish the Director
of Central Procurement as the primary agency official for implementation of
the rule; and clarify various parts of the currrent rule.
The amendments to Sections 113.100 and 113.102 will cause an effective
administration of the Vendor Performance and Debarment Program for the Commission,
state agencies, cooperative purchasing members, the vendor community, and
the public.
One comment was received. Under Section 113.100 the commenter recommended
that the definition for "Responsible Vendor" not include the language "ethical
standards, and applicable commission rules". Commenter also opined that the
definition for "Successor-in-interest" was too broad and could penalize non-related
business enterprises. In Section 113.102(b) and (c) it was recommended that
language referring to the "Director of Central Procurement" be changed to
read the "Commission". Commenter stated that Section 113.102(d) should be
deleted because it was "too subjective". It was also recommended that the
number of days stated in Section 113.102(e) for a vendor to respond to a proposal
to debar the vendor be changed from 10 days to "30 days".
For - Associated General Contractors of Texas
Section 113.100. The Commission disagrees with recommended changes to the
definition under Section 113.100 for "Responsible Vendor". The definition
requires that a vendor be compliant with "applicable state law, ethical standards,
and applicable commission rules" that are already outlined under the General
Services Commission rule located in Title 1, T.A.C., Section 111.4 - Ethical
Standards. The ethical standards would apply to vendors regardless of the
definition for "Responsible Vendors".
The commission disagrees that the definition for "Successor-in-interest"
would penalize non-related business enterprises.
Section 113.102. The Commission disagrees that "Director of Central Procurement
Services" should be changed to "the Commission" in rule sections 113.102(b)
and (c). The commenter did not give a reason for this suggested change. The
purpose of the amendments to subsections (b) and (c) are to establish the
Director of Central Procurement as the primary agency official for implementation
of the rule; and to clarify various parts of the current rule. Previous language
in Section 113.102(c) already designated the "Director, Central Procurement
Services" and the amendment to subsection (c) only deletes the comma between
the words "Director" and "Central" and adds the word "of" to grammatically
improve the language.
Commenter stated that the amendment to Section 113.102(d)(9) was too subjective.
The Commission disagrees that the new language, "Any cause indicating that
the individual or firm is not a responsible vendor", added to the criteria
for vendor debarment in this section, is too subjective. The "cause" for debarment
would be a finding that the vendor was not a "responsible vendor", as defined
in Section 113.100 - Definitions.
Commenter requested that the timeframe of 10 days indicated in Section
113.102(e)(1) for a vendor to submit a written appeal to the Director of Central
Procurement Services following notification of the proposed debarment be changed
to 30 days. The 10-day period is compliant with already existing rule Section
111.3 - Protests/Dispute Resolution/Hearing. The vendor is also given sample
opportunity to implement corrective action and/or respond to earlier communications
from the General Services Commission.
The amendments are adopted under the authority of the Texas Government
Code, Title 10, Subtitle D, Chapter 2155, Section 2155.077 which provides
the Commission with the authority to promulgate rules for the Vendor Performance
and Debarment Program.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June
1, 1999.
TRD-9903211
Judy Ponder
General Counsel
General Services Commission
Effective date: June 21, 1999
Proposal publication date: February 5, 1999
For further information, please call: (512) 463-3960