Part 4.
OFFICE OF THE SECRETARY OF STATE
Chapter 87.
NOTARY PUBLIC
Subchapter A. NOTARY PUBLIC QUALIFICATIONS
1 TAC §87.22, §87.25
The Office of the Secretary of State proposes amendments
to Subchapter A, concerning notary public qualifications by amending §87.22
and adding new §87.25. The purpose of the sections is to prepare for
the implementation of an amendment to Chapter 653 of the Government Code that
was made by the 77th Texas Legislature in House Bill 1203, which will be effective
on September 1, 2002. The proposed sections to Subchapter A, if adopted, will
not become effective until September 1, 2002.
Guy Joyner, Chief, Legal Support Unit, Statutory Documents Section has
determined that for the first five year period that the proposed sections
are in effect the fiscal implication for state government as a result of enforcing
the sections will be the elimination of the premium expense for notary public
surety bonds. There is no effect on local government, large businesses, small
businesses or micro-businesses. There is no anticipated additional economic
cost to individuals who are required to comply with the sections as proposed.
There is no anticipated impact on local employment.
Mr. Joyner also has determined that for each year of the first five years
that the sections are in effect the public benefit anticipated as a result
of enforcing the sections will be to clarify that, on or after September 1,
2002, officers and employees of a state agency who apply to be a notary public
are not required to furnish notary public surety bonds.
Comments on the proposed sections may be submitted to Guy Joyner, Chief,
Legal Support Unit, Statutory Documents Section, P.O. Box 12887, Austin, Texas
78711-2887.
The amendment and new section are proposed under the Texas Government
Code, §2001.004(1) and §2001.006(b) and the Notary Public Act, Texas
Government Code, §406.023(a) which provide the Secretary of State with
the authority to prescribe and adopt rules.
The amendment and new section affects the Texas Government Code, §406.006
and §406.010.
§87.22.Completion and Execution of the Bond and Statement of Officer.
(a)
The bond and statement of officer will be completed
as follows.
(1)
All information entered on the application will be legible.
(2)
The name and social security number of the applicant will
be entered in the space provided in the application.
(3)
The complete name of the insurance or bonding company will
be entered in the spaces provided in the bond.
(4)
The name and address of the agent or agency will be entered
in the space provided in the bond.
(5)
The applicant will sign in the space provided for signature
for the principal. The surety officer or an attorney-in-fact for an insurance
or bonding company will sign in the space provided and give the surety company's
Texas Department of Insurance license number.
(6)
A bond form that is preprinted with a surety company's
name may be used only by that surety for the issuance of a notary bond.
(7)
The applicant's name to be used as a notary public will
be entered in the space provided in the statement of officer.
(8)
The applicant will execute the statement of officer before
a notary public or other qualified officer and sign in the space provided
for signature. Both the initial qualification as well as renewals require
the referenced statement of officer.
(b)
An applicant who is an officer
or employee of a state agency is not required to complete the surety bond.
Such applicants will follow the procedure described in §87.25 of this
chapter.
(c)
In this Chapter, "state agency" has the
meaning assigned by §2052.101 of the Government Code.
§87.25.Qualification by an Officer or Employee of a State Agency who does not Furnish a Notary Public Bond.
(a)
Application for Appointment
(1)
The applicant will complete the notary public application
entitled: "Application for Appointment as a Notary Public Without Bond."
(2)
The State Agency that employs the applicant will submit
the completed application to the State Office of Risk Management for verification
by that Office.
(3)
The State Office of Risk Management will complete the verification
certificate on the application, and forward the completed application to the
Office of the Secretary of State for processing.
(b)
Change in employment status.
(1)
If a notary public transfers to another state agency, the
notary public's new agency shall notify the State Office of Risk Management
and the Office of the Secretary of State of the transfer.
(2)
If a notary public terminates state employment, the notary
public shall:
(A)
voluntarily surrender the notary public commission;
(B)
purchase a notary public bond for the time-period remaining
on the notary's current term of office; or
(C)
apply for a new term of office and provide a notary public
bond.
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 June 17, 2002.
TRD-200203741
Geoffrey S. Connor
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: July 28, 2002
For further information, please call: (512) 475-0775
Chapter 113.
PROCUREMENT DIVISION
Subchapter H. RECYCLING MARKET DEVELOPMENT BOARD
1 TAC §113.137
The Texas Building and Procurement Commission proposes amendment
to Title 1, TAC, §113.137, concerning Identifying Recycled, Remanufactured
or Environmentally Sensitive Commodities or Services for Procurements by State
Agencies. The amendment designates additional First Choice designated commodities.
Ms. Cindy Reed, Deputy Executive Director of Administration and Procurement,
has determined for the first five year period the rules are in effect there
will be no fiscal implication for the state or local governments as a result
of the additional First Choice designations.
Ms. Cindy Reed, Deputy Executive Director of Administration and Procurement,
further determines that for each year of the first five-year period the amendment
is in effect, the public benefit anticipated as a result of enforcing the
amended rule is in compliance with the current statutory requirements of Texas
Government Code, §2155.445 and §2155.448(a). There will be a positive
environmental benefit, as the State of Texas will continue to increase the
effect of closing the recycle loop (recycle, reduce and reuse). There are
no anticipated economic costs to state agencies that are required to comply
with this rule and there is no impact on local employment.
Comments on the proposals may be submitted to Juliet U. King, Legal Counsel,
Texas Building and Procurement Commission, P.O. Box 13047, Austin, Texas 78711-3047.
Comments must be received no later than 30 days from the date of publication
of the proposal to the
Texas Register.
The amendments to §113.137 are proposed under the authority
of the Health and Safety Code §361.423 and the Texas Government Code, §2155.445
and §2155.448(a).
The following codes are affected by these rules: Texas Administrative Code,
Title 1, Chapter 113, Subchapter H, §113.137.
§113.137.Identifying Recycled, Remanufactured or Environmentally Sensitive Commodities or Services for Procurements by State Agencies.
(a)
Each state fiscal year, the commission, in coordination
with the Recycling Market Development Board (RMDB), may designate as "first
choice" certain recycled, remanufactured or environmentally sensitive commodities
or services, as those terms are defined in §113.136 of this title (relating
to Definitions).
(b)
Effective September 1, 2000, state agencies shall prefer
the following commodities or services which have been designated as "first
choice" products:
(1)
Re-refined oils and lubricants.
(2)
Recycled-content toilet paper, toilet seat covers and paper
towels; and
(3)
Recycled-content printing, computer and copier paper, and
business envelopes.
(c)
Effective September 1, 2002, state agencies
shall prefer the following commodities or services which have been designated
as "first choice" products:
(1)
Recycled-content plastic trash bags.
(2)
Recycled-content plastic-covered binders.
(3)
Recycled-content recycling containers.
(4)
Energy Star labeled photocopiers.
(d)
[
(e)
[
(f)
[
(g)
[
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 June 14, 2002.
TRD-200203699
Juliet U. King
Legal Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: July 28, 2002
For further information, please call: (512) 463-3583
Subchapter J. ELECTRONIC STATE BUSINESS DAILY
1 TAC §§113.201 - 113.216
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Building and Procurement Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Building and Procurement Commission proposes
the repeal of Title 1, TAC, Chapter 113, Subchapter J--Electronic State Business
Daily, §§113.201 - 113.216. The repeal of these rules is being proposed
in order to delete obsolete language as a result of new requirements under
Texas Government Code, Chapter 2155, Subchapter B (amended by Article 7, Senate
Bill 311, 77th Legislature, 2001). Additionally, the repeal of Subchapter
J, Chapter 113, allows for new rules to be proposed and published simultaneously
in this publication of the
Texas Register
,
that will reflect procedural changes that are the result of the transfer of
the electronic business daily responsibilities from the Texas Department of
Economic Development (TDED) to the Texas Building and Procurement Commission
(TBPC).
Ms. Cindy Reed, Deputy Executive Director of Administration and Procurement,
has determined for the first five-year period the repeal is in effect there
will be no fiscal implications to the state or local governments as a result
of enforcing this repeal.
Ms. Cindy Reed, Deputy Executive Director of Administration and Procurement,
has determined that for the first five-year year period the proposed repeal
is in effect, the public benefit will be the deletion of obsolete language
that will allow for the creation of more efficient new rules under 1, TAC,
Chapter 113, Subchapter J--Electronic State Business Daily. There will be
no anticipated economic costs to persons who are required to comply with the
rules and there is no impact on local employment.
Comments on the proposed repeal may be submitted to Ms. Juliet U. King,
Legal Counsel, Texas Building and Procurement Commission, P.O. Box 13047,
Austin, Texas 78711-3047. Comments must be received no later than thirty days
from the date of publication of the proposal in the
Texas Register.
The repeal of §§113.201 - 113.216 are proposed under
the authority of the Texas Government Code, Title 10, Subtitle D, §2155.083,
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 these rules: Texas Government Code,
Title 10, Subchapter C, §2054.051 and Subchapter A, §2155.062, Subchapter
C, §2155.132, Subchapter I, §2155.501 and §2155.509.
§113.201.Authority.
§113.202.Purpose.
§113.203.Definitions.
§113.204.General Provisions.
§113.205.Internet Access.
§113.206.Fees.
§113.207.General Posting Requirements.
§113.208.Posting Time Requirements.
§113.209.Emergency Procurements.
§113.210.Registered Agent Requirements.
§113.211.Procurement Opportunity Posting Procedures.
§113.212.Posting Follow-up and Record Keeping.
§113.213.Contract Award.
§113.214.Award Notification.
§113.215.Verification of Compliance.
§113.216.Exceptions and Exclusions.
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 June 14, 2002.
TRD-200203703
Juliet U. King
Legal Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: July 28, 2002
For further information, please call: (512) 463-3583
Subchapter J. ELECTRONIC STATE BUSINESS DAILY
1 TAC §§113.201 - 113.218
The Texas Building and Procurement Commission proposes new
sections to Title 1, TAC, §§113.201 - 113.218--Electronic State
Business Daily. The new rules include changes and additions to the procedures
and practices for complying with the statutory requirement for state agencies
to give public notice regarding procurement initiatives that will exceed $25,000.
The purpose of the proposed new rules is twofold. First, they are needed to
revise and provide clarity to existing rules to bring them into compliance
with current statutes. Secondly, the proposed rules will reflect procedural
changes that are the result of the transfer of the electronic business daily
responsibilities from the Texas Department of Economic Development (TDED)
to the Texas Building and Procurement Commission (TBPC).
Ms. Cindy Reed, Deputy Executive Director of Administration and Procurement,
has determined for the first five-year period the rules are in effect there
will be no fiscal implication for the state or local governments as a result
of the revised and added rules. The revised text, added definitions and rules
that facilitate the use and understanding of statutory requirements associated
with the Electronic State Business Daily.
Ms. Cindy Reed, Deputy Executive Director of Administration and Procurement,
further determines that for each year of the first five-years the new sections
are in effect, the public benefit anticipated as a result of enforcing the
revised and added rules will be positive with respect to the effect on large,
small or micro-businesses that routinely participate in state business opportunities.
There will be no anticipated economic costs to persons who are required to
comply with the rules and there is no impact on local employment.
Comments on the proposals may be submitted to Juliet U. King, Legal Counsel,
Texas Building and Procurement Commission, P.O. Box 13047, Austin, Texas 78711-3047.
Comments must be received no later than thirty days from the date of publication
of the proposal to the
Texas Register.
The new §§113.201 - 113.218 are proposed under the
authority of the Texas Government Code, Title 10, Subtitle D, §2155.083,
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 these rules: Texas Government Code,
Title 10, Subchapter C, §2054.051 and Subchapter A, §2155.062, Subchapter
C, §2155.132, Subchapter I §2155.501 and §2155.509.
§113.201.Authority.
Pursuant to the authority granted by the Texas Government Code, §2155.083,
the commission sets forth the following rules regarding procedures and practice
for posting procurement opportunities in the Electronic State Business Daily
(ESBD).
§113.202.Purpose.
(a)
The ESBD is established as a means for all state agencies
to post notice directly and electronically in an electronic procurement marketplace
on the Internet before making a procurement with a value that exceeds $25,000.
(b)
The requirements of this subchapter are in addition to
the requirements of other laws relating to the solicitation of bids, proposals,
or other applicable expressions of interest for a procurement by a state agency.
This subchapter does not affect whether a state agency is required to award
a contract for procurement through competitive bidding, competitive sealed
proposals, or another purchasing method.
§113.203.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Act--the State Purchasing and General Services Act, Texas
Government Code, Subtitle D, §2151.001 et seq.
(2)
Commission--the Texas Building and Procurement Commission.
(3)
Consultant services--as defined at Texas Government Code §2254.021.
(4)
Electronic State Business Daily (ESBD)--A business daily
made available on the Internet at an electronic procurement marketplace established
by the Department of Information Resources. State agencies are to cooperate
with the commission by posting in the ESBD any procurement opportunities that
will exceed $25,000 in value.
(5)
Emergency Procurement--In procuring goods or services to
qualify as an emergency procurement, the procurement must prevent a hazard
to life, health, safety, welfare, property or avoid undue additional cost
to the state.
(6)
Goods and/or services--as defined in Texas Government Code, §2155.001.
(7)
Internal Repair Procurements--A repair where the extent
of the work cannot be determined until the equipment is disassembled. An internal
repair must contain labor and may also include parts.
(8)
Multiple award contract (as it applies to Multiple Award
Schedule Contracts)--an award of a contract for an indefinite amount of one
or more similar goods or services from a vendor.
(9)
Potential bidders or offerors--those businesses or other
entities that are interested in submitting a bid or proposal for state agency
procurement opportunities.
(10)
Prescribed form--the entry screens available in the ESBD.
(11)
Procurement opportunity-- a bid, proposal, or other form
of solicitation package or notice that includes all information necessary
for each eligible procurement as defined at Government Code §2155.083(g),
to be acquired by a state agency.
(12)
Professional services--as defined at Texas Government
Code §2254.002.
(13)
Registered agent--a representative designated by each
state agency responsible for posting eligible procurement opportunities in
the electronic procurement marketplace.
(14)
Reverse Auction--a real time bidding procedure that is
Internet dependent and which is conducted at a pre-scheduled time and Internet
location in which multiple suppliers, anonymous to each other, submit bids
for designated goods or services.
(15)
Schedule--a list of multiple award contracts from which
agencies may purchase goods and services.
(16)
State agency--as defined in Texas Government Code, §2151.002(2).
§113.204.Notice and Information Posting Requirements.
(a)
The commission shall make the ESBD available on the Internet
and World Wide Web through an electronic procurement marketplace maintained
by the Texas Building and Procurement Commission (TBPC) located at www.tbpc.state.tx.us.
(b)
Each state agency shall directly and electronically post
its own notices or solicitation packages for eligible procurement opportunities
using the ESBD. The commission and each state agency shall cooperate in making
the ESBD available and accessible to all state agencies. Posting the entire
bid or proposal solicitation package will reduce the posting time requirement
as outlined in §113.208 of this title (relating to Posting Time Requirements).
(c)
Each state agency that solicits a procurement contract
estimated to exceed $25,000 in value shall post the following information
on the ESBD:
(1)
Either the entire bid or proposal solicitation package
or a notice that includes all information necessary to make a successful bid,
proposal, or other applicable expression of interest for the procurement contract,
including the following minimum information required for each procurement
as outlined in the Texas Government Code, §2155.083(g):
(A)
a brief description of the goods or services to be procured
and any applicable state product or service codes for the goods and services;
(B)
the last date and time on which bids, proposals, or other
applicable expressions of interest will be accepted;
(C)
the estimated quantity of goods or services to be procured;
(D)
if applicable, the previous price paid by the state agency
for the same or similar goods or services;
(E)
the estimated date on which the goods or services to be
procured will be needed; and
(F)
the name, business mailing address, e-mail address, and
business telephone number of the state agency employee a person may contact
to inquire about all necessary information related to making a bid or proposal
or other applicable expression of interest for the procurement contract.
(2)
A notice when the procurement contract has been awarded
or when the state agency has decided not to make the procurement.
(3)
An addendum to the original procurement opportunity can
also be posted, at any time after posting the original notice.
(d)
The commission shall post in the ESBD other information
relating to the business activity of the state that the commission considers
to be of interest to the public. The commission may develop a means for each
state agency to post relevant information electronically. Until the electronic
means is available, it is the responsibility of each state agency to provide
any such relevant information, in a timely manner, to the attention of the
TBPC Procurement Division. This information will also be accessible on the
TBPC Web site.
(e)
The commission will electronically transfer to the ESBD
all procurements in excess of $25,000 that the commission processed on behalf
of state agencies.
§113.205.Internet Access.
(a)
It is the responsibility of each state agency to coordinate
with the Department of Information Resources (DIR) to secure Internet service
and computer hardware and software necessary for each registered agent to
have daily access to the ESBD.
(b)
To accommodate businesses seeking to become potential bidders
or offerors that do not have the technical means to access the ESBD, governmental
and non-governmental entities such as public libraries, chambers of commerce,
trade associations, small business development centers, economic development
departments of local governments, and state agencies may provide public access
to the ESBD.
§113.206.Fees.
(a)
A government agency may recover the direct cost of providing
the public access only by charging a fee for downloading procurement notices
and bid or proposal solicitation packages posted on the ESBD. For state agencies,
these fees may not exceed the state agency's published rate for open records
requests.
(b)
The commission and other state agencies may not charge
a fee designed to recover the cost of preparing and gathering the information
that is published in the ESBD. These costs are considered part of a procuring
agency's responsibility to publicly inform potential bidders or offerors of
its procurement opportunities.
(c)
A non-governmental entity may use information posted in
the ESBD in providing a service that is more than only the downloading of
information from the business daily, including a service by which appropriate
bidders or offerors are matched with information that is relevant to those
bidders or offerors, and may charge a lawful fee that the entity considers
appropriate for the service.
§113.207.General Posting Requirements.
(a)
Each state agency seeking to make an eligible procurement
and award a procurement contract that will exceed $25,000 in value, without
regard to the source of funds the agency will use for the procurement, must
post the procurement opportunity on the Texas Marketplace system on the World
Wide Web.
(b)
Prior to making an award for any procurement, each state
agency must post notice on the Texas Marketplace, including a procurement
that:
(1)
is otherwise exempt from Commission purchasing authority
or the application of this subtitle;
(2)
is made under delegated purchasing authority;
(3)
is related to a construction project; or
(4)
is a procurement of professional or consulting services.
(c)
The Commission will electronically transfer to the Texas
Marketplace all procurements in excess of $25,000 processed on behalf of state
agencies by the Commission.
§113.208.Posting Time Requirements.
(a)
NOTICES: If documents or attachments related to the procurement
must be obtained from another source, a notice for eligible procurements must
be posted for the latest of the following dates:
(1)
21 calendar days after the date the notice is first posted;
(2)
the date the state agency will no longer accept bids, proposals,
or other applicable expressions of interest for the procurement; or
(3)
the date the state agency decides not to make the procurement.
If the state agency decides not to make the procurement, the state agency
must amend the posting to indicate the effective date of the cancellation
within two business days of canceling the procurement.
(b)
ENTIRE SOLICITATION: If the state agency posts the entire
bid or proposal solicitation package, including attachments, for an eligible
procurement, eligible procurements must be posted for the latest of the following
dates:
(1)
14 calendar days after the date the bid or proposal solicitation
package is first posted;
(2)
the date the state agency will no longer accept bids, proposals,
or other applicable expressions of interest for the procurement; or
(3)
the date the state agency decides not to make the procurement.
If the state agency decides not to make the procurement, the state agency
must amend the posting to indicate the effective date of the cancellation
within two business days of canceling the procurement.
§113.209.Emergency Procurements.
(a)
Emergency procurements over $25,000 must be posted to the
ESBD, but the minimum posting times in this subchapter do not apply.
(b)
These posting requirements are in addition to existing
commission procedures governing emergency procurements in §113.11 of
this title.
§113.210.Internal Repair Procurements.
Internal repairs over $25,000 must be posted to the ESBD, but the minimum
posting times in this subchapter do not apply.
§113.211.Multiple Award Schedule Contract Purchases Exceeding $25,000.
All multiple award schedule contract purchases with a total value exceeding
$25,000 must be posted on the ESBD after the purchase order has been placed.
The minimum posting times in this subchapter do not apply.
§113.212.Registered Agent Requirements.
(a)
Each state agency must designate a minimum of one person
to be the registered agent for posting all eligible procurement opportunities
in the ESBD. State agencies with field or satellite offices may establish
a registered agent at those offices or require that procurement opportunities
be sent to the main office for posting in compliance with this chapter.
(b)
To add a new state agency account, a written request signed
by the agency head or designee must be submitted to TBPC to create a superuser
account for the agency. All other registered users for that agency will be
registered through the superuser account. The user/registered agent information
will automatically be entered by the ESBD each time the registered agent accesses
the ESBD to post new procurement opportunities.
§113.213.Procurement Opportunity Posting Procedures.
(a)
Each state agency must comply with the procedures described
herein when posting procurement notices on the ESBD. The commission will provide
an ESBD User's Manual on line with written step-by-step instructions for accessing
the ESBD.
(b)
Information for each eligible procurement opportunity must
be data entered directly and electronically by the registered agent, via Internet
access, to the ESBD using the prescribed electronic format. The registered
agent must enter the minimum required information as stated in §113.204
of this title (relating to Notice and Information Posting Requirements) using
the on-line format provided by the commission in the ESBD.
(c)
The prescribed format will contain data fields for each
of the required information items listed above. Contact information for the
posting will automatically default to the information provided on the registered
agent's registration form, but can be manually changed to reflect contact
information on procurement opportunities for which the registered agent is
not the contact.
(d)
The registered agent/user must select the "Add this listing"
option to complete the posting process. All required information must be entered
for the system to accept the posting.
(e)
Each state agency is responsible for posting notices of
any addendum, if applicable, to each procurement opportunity. The state agency
is responsible for any addendum and/or cancellation notices to postings on
the business daily.
(f)
It is the responsibility of the potential bidder or offeror
to contact the state agency prior to the bid or posting closing date to determine
if an addendum has been issued.
§113.214.Posting Follow-up and Record Keeping.
(a)
A copy of the procurement opportunity posting will automatically
be sent electronically to the registered agent's e-mail address, if an e-mail
address was provided on the user registration form. If the registered agent
does not have e-mail access, it is the responsibility of the registered agent
to use the print features of the Internet browser software to produce a hard
copy of the posting for permanent record keeping as part of the contract file.
(b)
The ESBD will automatically purge postings according to
the bid opening date entered by the registered agent. Each state agency is
responsible for ensuring the eligible procurement remains posted for the minimum
number of days, as set forth in Texas Government Code, §2155.083 and §113.208
of this title (relating to Posting Time Requirements).
§113.215.Contract Award.
(a)
A state agency may not award the procurement contract and
shall continue to accept bids or proposals or other applicable expressions
of interest for the procurement contract opportunities for at least 21 calendar
days after the date the state agency first posted notice of the procurement
or 14 calendar days after the date the state agency first posted the entire
bid or proposal solicitation package.
(b)
A contract or procurement award is void if made by a state
agency in violation of the applicable minimum required posting time or if
no ESBD posting was made.
§113.216.Award Notification.
(a)
Each state agency's registered agent must record the action
resulting from the posting of each eligible procurement into the ESBD using
the prescribed form. This includes contracts awarded and procurement opportunities
canceled by the state agency.
(b)
The procurement or contract award notice shall include
the following minimum information:
(1)
agency name, mailing and physical address, and contact
name;
(2)
purchase requisition number for procurement opportunity;
(3)
contract award recipient information to include company
name, mailing address, and the commission's historically underutilized business
certification status, if applicable; and
(4)
dollar amount of award.
(c)
Cancellation notices will include the following minimum
information:
(1)
agency name, business address, and contact name;
(2)
purchase requisition number; and
(3)
reason for cancellation.
(d)
Upon posting of award notification information in the form,
the registered agent will receive an e-mail notification of the posting.
§113.217.Verification of Compliance.
It is the responsibility of the state agency to maintain sufficient
records and reports to verify compliance with Texas Government Code §2155.083
and this subchapter for audit purposes. Compliance with this subchapter will
be audited as part of the commission's oversight process.
§113.218.Exceptions and Exclusions.
This chapter does not apply to a state agency to which Education Code §51.9335
or §73.115 applies. The commission does not have authority to grant exceptions
to Texas Government Code §2155.083 of this chapter.
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 June 14, 2002.
TRD-200203700
Juliet U. King
Legal Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: July 28, 2002
For further information, please call: (512) 463-3583
Chapter 351.
COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES
Part 5.
TEXAS BUILDING AND PROCUREMENT COMMISSION
(c)
] A state agency shall purchase
commodities and services in accordance with Texas Government Code, §2155.448
(b).
(d)
] The commission, in coordination
with RMDB, may at least annually consider the recommendations of the RMDB
when updating the list of identified commodities or services and purchasing
goals for procurements by state agencies.
(e)
] A state agency shall report
annually to the commission in accordance with Texas Government Code §2155.448
(c).
(f)
] A state agency that intends
to purchase a commodity or service that accomplishes the same purpose as a
commodity or service as those listed in subsection (b) of this section, that
does not meet the definition of a recycled product or that is not remanufactured
or environmentally sensitive, shall include with the procurement file a written
justification signed by the executive head of the agency stating the reasons
for the determination that the commodity or service identified by the commission
will not meet the requirements of the agency. Agencies are not required to
submit a "first choice" justification letter when the combined total purchase
on a single purchase order is equal to or less than $150.
Chapter 113.
CENTRAL PURCHASING DIVISION
Chapter 113.
PROCUREMENT DIVISION
Part 15.
TEXAS HEALTH AND HUMAN SERVICES COMMISSION