Part XII.
Advisory Commission on State Emergency Communications
Chapter 251.
Regional Plans-Standards
1 TAC §251.8
The Advisory Commission on State Emergency Communications
(ACSEC) proposes new §251.8, concerning guidelines for the procurement
of equipment and services with 9-1-1 funds. The proposed rule would assist
local governments in the procurement process and ensure that all minimum competitive
procurement requirements are met.
James D. Goerke, executive director, has determined that for the first
five-year period the rule is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule, although cost savings are possible as a result of established competitive
bidding for expenditures of all 9-1-1 funds.
Mr. Goerke, also has determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of enforcing
the section will be an improved mechanism for procurement of equipment and
services with 9-1-1 funds. No historical data is available, however, there
appears to be no direct impact on small or large businesses. There is no anticipated
economic cost to persons who are required to comply with the section as proposed.
There is no anticipated local employment impact as a result of enforcing
the section.
Comments on the proposal must be submitted in writing within 30 days after
publication of the proposal in the
Texas Register
to: James D. Goerke, Executive Director, Advisory Commission on State
Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas
78701-3942.
The new section is proposed pursuant to the Health and Safety
Code, Chapter 771, §§771.051, 771.071, 771.0711, 771.072, and 771.075,
which authorize the Commission to adopt policies and procedures prescribing
the distribution and use of 9-1-1 funds for providing 9-1-1 service.
No other statutes, articles or codes are affected by the proposed new section.
§251.8. Guidelines for the Procurement of Equipment and Services With 9-1-1 Funds.
(a)
Policy and Procedures. As authorized by Chapter 771 of
the Texas Health and Safety Code, the Advisory Commission on State Emergency
Communications (ACSEC) may impose 9-1-1 emergency service fees and equalization
surcharges to support the planning, development, and provision of 9-1-1 service
throughout the State of Texas. The implementation of such service involves
the procurement, installation, and operation of equipment designed to either
support or facilitate the delivery of an emergency call to an appropriate
emergency response agency. This rule establishes procurement guidelines and
minimum competitive procurement requirements.
(1)
This rule applies to any procurement by a 9-1-1 administrative
entity, which exceeds $2,000, to be paid with funds from 9-1-1 emergency service
fees and 9-1-1 equalization surcharges from the State program.
(2)
This rule is not intended to prohibit a 9-1-1 administrative
entity's use of more stringent competitive procurement requirements or practices.
(b)
Definitions. The following words and terms, when used
in this rule, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
9-1-1 Administrative Entity - A municipality, a county,
an emergency communication district, a regional planning commission or any
other political subdivision that provides 9-1-1 administrative services.
(2)
9-1-1 Equipment and Services - Equipment and services
acquired partially or in whole with 9-1-1 funds and designed to support and/or
facilitate the delivery of an emergency 9-1-1 call to an appropriate Public
Safety Answering Point (PSAP).
(3)
9-1-1 Funds - Funds assessed and disbursed in accordance
with Chapter 771 of the Texas Health and Safety Code.
(4)
Emergency Communication District - A public agency
or group of public agencies acting jointly that provided 9-1-1 service before
September 1, 1987, or that had voted or contracted before that date to provide
that service, or a district created under Subchapter B1, C2, or D3, Chapter
772 of the Texas Health and Safety Code.
(5)
NENA - The National Emergency Number Association,
a not-for-profit corporation founded to further the national goal of "One
Nation, One Number".
(6)
Regional Planning Commission - A commission established
under Chapter 391, Local Government Code.
(c)
Competitive Procurement Required. Except as otherwise
specifically provided in this rule, all procurements in excess of $2,000 by
a 9-1-1 administrative entity, to be paid with 9-1-1 funds, shall be conducted
in accordance with the provisions of Article III, Source Selection and Contract
Formation, of the Texas Association of Regional Councils Model Procurement
Policy, which are hereby incorporated by reference in this rule and copies
of which may be obtained from the Texas Association of Regional Councils,
1305 San Antonio Street, Austin, Texas 78701. In addition, all definitions
applicable to Article III which are set forth in the Model Procurement Policy
shall apply and are incorporated herein by reference along with any other
provision of the Model Procurement Policy cited in Article III.
(1)
For purposes of Section 3-202 of the Model Procurement
Policy, only subdivisions 1.a., d., e., and f. are incorporated herein.
(2)
The provisions of Section 3-204 b. of the Model Procurement
Policy, Competitive Telephone or Facsimile Bids (informal competitive bids)
shall apply for purchases in excess of $2,000 but less than $10,000 in the
aggregate.
(3)
The provisions of Section 3-204 c. of the Model Procurement
Policy, Competitive Written Bids or Quotations shall apply for purchases in
excess of $10,000 but less than $25,000 in the aggregate.
(4)
For purposes of Section 3-205 of the Model Procurement
Policy, Sole Source Procurement, prior written concurrence from the ACSEC
is required for any sole source procurement expected to exceed $25,000.
(5)
Compliance with those provisions in the Model Procurement
Policy which apply to specific funding sources or programs, such as JTPA,
is not required under this rule.
(d)
Record Retention. All procurement-related records must
be maintained by a 9-1-1 administrative entity in accordance with the provisions
of Article II, Part B: Record Retention, of the Texas Association of Regional
Councils Model Procurement Policy, which are hereby incorporated by reference
in this rule, except to the extent such provisions apply to specific funding
sources or programs.
(e)
Procurement of Statewide Services. 9-1-1 administrative
entities may procure certain 9-1-1 equipment, database services and network
services through contract with the Texas General Services Commission (GSC)
or the ACSEC.
(1)
The ACSEC reserves the right to procure certain 9-1-1
equipment, database services and network services for the State program based
on best value and upon determination of which goods or services are in the
State program's best interest. In instances of statewide procurement, the
ACSEC will work with the regional planning commissions and local governments
to ensure that such purchases of goods or services are consistent with local
9-1-1 systems infrastructure and best meet the needs of the local governments.
(2)
Funds allocated for the procurement of certain 9-1-1
equipment, database services and network services will be subject to ACSEC
funding priorities and policies.
(f)
End-to-End Lease Arrangements. Currently, 9-1-1 administrative
entities have the option of procuring 9-1-1 equipment, database services and
network services through end-to-end lease arrangements. These lease arrangements
identify features and equipment subject to the terms and conditions set forth
in the telephone company's Texas Public Utility Commission (PUC) Approved
Tariff.
(1)
Tariffed services are provided solely for the use and
benefit of the 9-1-1 administrative entity.
(2)
The procurement of tariffed services must be economically
advantageous to the 9-1-1 administrative entity.
(3)
Additions, modifications or removals of features
from the tariffed services will be made at the 9-1-1 administrative entity's
request and will be subject to all applicable charges.
(4)
Subsequent to the initial contract period, the tariffed
services shall be automatically renewed annually for an additional 12 month
period unless either party notifies the other of its intent to terminate the
lease arrangement at least 90 days prior to the contract anniversary date.
(g)
NENA Standards. All procurement of 9-1-1 equipment, database
services and network services must adhere to the National Emergency Number
Association (NENA) Recommended Standards for network, data and PSAP/Customer
Premises Equipment (CPE), as developed by the NENA Technical Committee and
as approved by the NENA Executive Board.
(h)
Year 2000 Compliance. Year 2000 performance warranties
shall be included for products to be delivered and/or installed to accurately
process valid date data when used in accordance with the product documentation
provided by the vendor and require no extraordinary actions on the part of
the 9-1-1 administrative entity. Products will possess general integrity,
date integrity, explicit century capabilities and implicit century capabilities.
(i)
Code of Ethics. Regional planning commissions shall establish
policies to ensure that the Code of Ethics is addressed in the procurement
of all 9-1-1 equipment and services. The administrative entity may have future
9-1-1 funds withheld and/or be required to reimburse the ACSEC the amount
of the misappropriated funds. Employees of 9-1-1 administrative entities or
employees of entities receiving 9-1-1 emergency service fees and 9-1-1 equalization
surcharges shall adhere to the following ethical standards listed in paragraphs
(1)-(4) of this subsection. An administrative entity employee may not:
(1)
participate in work on a contract by taking action as
an employee through decision, approval, disapproval, recommendation, giving
advice, investigation or similar action knowing that the employee, or member
of their immediate family has an actual or potential financial interest in
the contract, including prospective employment;
(2)
solicit or accept anything of value from an actual
potential vendor;
(3)
be employed by, or agree to work for, a vendor or
potential vendor;
(4)
knowingly disclose confidential information for personal
gain.
(j)
Compliance. If a 9-1-1 administrative entity fails to
comply with the provisions of this rule, the Commission may consider the 9-1-1
administrative entity's lack of compliance in fixing the rate of the 9-1-1
emergency service fees, in determining the allocation of 9-1-1 equalization
surcharges, or in taking any other action that is consistent with ___.43 (relating
to Enforcement) of the Texas Uniform Grant Management Standards, as adopted
by reference in §5.144 of this title (relating to Adoption by Reference).
(k)
Applicability of State Procurement Statutes. To the extent
of any conflict between this rule and applicable state statutes prescribing
procurement methods, such statutes shall be followed.
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 1, 1999.
TRD-9901245
James D. Goerke
Executive Director
Advisory Commission on State Emergency Communications
Earliest possible date of adoption: April 11, 1999
For further information, please call: (512) 305-6933
Chapter 255.
Finance