TITLE 1.ADMINISTRATION

Part 5. TEXAS BUILDING AND PROCUREMENT COMMISSION

Chapter 113. PROCUREMENT DIVISION

Subchapter A. PURCHASING

1 TAC §113.19

The Texas Building and Procurement Commission proposes amendments to 1 TAC Chapter 113, Subchapter A, Purchasing, §113.19, concerning Centralized Master Bidder's List. The proposed amendments will change the title of the rule to be consistent with the governing statute, correct various administrative errors in describing requirements of the catalog information systems vendor (CISV) program and add a specific statutory reference.

The proposed rule change will add a provision to allow vendors to reflect the term "negotiated" in lieu of the second "state price" when a vendor's government marketing strategy would be adversely affected by disclosing a state price.

The proposed rule change will include a new subsection that implements the Commission's statutory authority to prescribe a higher monetary threshold (in excess of $2,000) for non-competitive CISV purchases. The new threshold is $5,000.

The added subsection will establish a threshold that is consistent with the non-competitive for delegated purchases allowed under the provisions of Texas Government Code, §2155.132 and §113.11 of this subchapter.

Each of the proposed amendments will add clarity and eliminate ambiguity in describing the requirements of CISV program.

Cindy Reed, Executive Director, has determined for the first five year period the amendments are in effect there will be no fiscal implication for the state or local governments as a result of the proposed amendments. A positive fiscal impact on state and local governments is anticipated because the enhanced rule clarity will facilitate the use and understanding of the CISV Program component of the state procurement process.

Ms. Reed has further determined that for each year of the first five year period the amendments are in effect, the public benefit anticipated as a result of enforcing the amended rule is compliance with the current statutory requirements of Texas Government Code, Chapter 2155 and Chapter 2157. There will be a positive effect on large, small or micro-businesses that routinely participate in state business opportunities in that the enhanced rule clarity will enable businesses to better understand the registration and functional requirements of the CISV Program. There will be no anticipated economic costs to persons who are required to comply with the amended rule and there is no impact on local employment.

Comments on the proposed amendments may be submitted to Ingrid K. Hansen, General Counsel, Texas Building and Procurement Commission, P.O. Box 13047, Austin, Texas 78711-3047. Comments may also be sent via e-mail to ingrid.hansen@tbpc.state.tx.us. All comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register .

The amendments to §113.19 are proposed under the authority of the Texas Government Code, Title 10, Subtitle D, §§2152.003, 2157.0611, and 2157.066 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 the amendments: Texas Government Code, Title 10, Subtitle D, §§2157.0611, 2157.062, 2157.066, and 2157.067.

§113.19. Catalog Information Systems Vendor Program [ Centralized Master Bidder's List ].

(a) Upon registration on the Commission's [ commission's ] Centralized Master Bidders List (CMBL), a vendor wishing to sell or lease automated information systems to governmental entities in accordance with this rule shall register with the Commission [ commission ] as a catalog information systems vendor (CISV) by submitting a catalog Universal Resource Locator (URL), i.e., web site address.

(b) (No change.)

(c) Each vendor's catalog shall:

(1) contain a statement acknowledging that any terms and conditions in the vendor's catalog [ catalogue ] that conflict with the Constitution or laws of the State of Texas shall not be enforceable and, therefore, will not be binding.

(2) conform [ Conform ] to requirements set forth in Texas Government Code, §2157.062 and §2157.066 and any other requirements established by the Commission [ commission ].

(3) be maintained on a website in accordance with paragraph [ subsection ] (2) of this subsection [ section ] and include indexing and keywords consistent with the Commission's [ commission's ] online catalog requirements [ Landing Page Requirements ]. The vendor's catalog maintained on the website and in compliance with this rule shall be the official version of the catalog.

(d) Vendors are responsible for maintaining a current price list , including list and state prices in [ on ] their catalog. Where marketing strategy is a concern, the term "negotiated" may be substituted for the state price.

(e) (No change.)

(f) Failure of a vendor to remain active on the CMBL, or failure to conform to any other Commission [ commission ] rules may result in suspension or removal of CISV status. A vendor that has been suspended or removed may not market or sell products or services from its CISV catalog to the state until the cause of the suspension or removal has been resolved.

(g) - (h) (No change.)

(i) The State of Texas is committed to assisting historically underutilized businesses (HUBs) to receive a portion of the total value of all contracts that an agency will award. If the vendor qualifies as a HUB, but is not certified by the State of Texas as such, the vendor should contact the Commission [ commission ] to obtain a HUB certification application. Upon the request of a governmental entity, the vendor will be required to detail the amount of expenditures that have been made to material suppliers and subcontractors that are Texas certified HUBs. A vendor that has demonstrated past HUB participation is still expected to provide documentation using the reporting forms provided by a governmental entity to show its good faith effort in meeting or exceeding the state's procurement utilization goals identified in TBPC's HUB Rules (1 TAC §111.14).

(j) Pursuant to the provisions of Texas Government Code, §2157. 0611, the monetary threshold for non-competitive CISV purchases for commodities and services shall correspond with the threshold of $5,000 for non-competitive delegated purchases as set forth in TBPC's Delegated Purchases Rule, 1 TAC §113.11.

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 23, 2005.

TRD-200500817

Ingrid K. Hansen

General Counsel

Texas Building and Procurement Commission

Earliest possible date of adoption: April 10, 2005

For further information, please call: (512) 463-4257


Chapter 126. SURPLUS AND SALVAGE PROPERTY PROGRAMS

Subchapter A. STATE SURPLUS AND SALVAGE PROPERTY

1 TAC §126.4

The Texas Building and Procurement Commission proposes amendments to 1 TAC §126.4, relating to State Surplus and Salvage Property.

The amendments are proposed to revise language regarding the determination of method of sale for surplus or salvage property. The amendments establish guidelines for making this determination.

The amendments are proposed in accordance with requirements of the Texas Government Code, Title 10, §2175.129 and §2175.186.

Dan Contreras, Deputy Executive Director, has determined for the first five year period the amendments are in effect, there will no fiscal implications for state agencies that initially purchased or owned the property. There will be no fiscal implication for local governments as a result of enforcing or administering the amended section.

Mr. Contreras has also determined that for each year of the first five years the amendments are in effect, the public benefit will be greater clarity in the rules as well as enhanced public awareness and availability of the rules and regulations applicable to this program. Mr. Contreras has further determined that there will be no effect on large, small or micro-businesses. There will be no anticipated economic cost to persons who are required to comply with the amendments and there will be no impact on local employment.

Comments on the proposals may be submitted to Ingrid K. Hansen, General Counsel, Texas Building and Procurement Commission, P.O. Box 13047, Austin, Texas 78711-3047. Comments may also be sent via e-mail to ingrid.hansen@tbpc.state.tx.us. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register .

The amendments are proposed under the authority of the Texas Government Code, Title 10, §2175.001.

The following code is affected by the amendments: Government Code, Title 10, §2175.129 and §2175.186.

§126.4.Disposition of Surplus and Salvage Property to the Public by Competitive Bidding, Auction, or Direct Sale.

(a) Generally. If no state agency, political subdivision, or assistance organization desires to receive any property reported as surplus or salvage, the Commission [ commission ] may dispose of the property, with the exception of data processing equipment, in a method that is most advantageous to the state and the reporting agency under the circumstances. [ Commission procedures shall establish guidelines for making this determination. ]

(1) (No change.)

(2) Method of Sale. The Commission will consider the following criteria for determining the method of sale for surplus and salvage property:

(A) geographic location;

(B) cost of transportation if applicable;

(C) sales history for similar property;

(D) type of property; and

(E) condition of property.

(3) [ (2) ] Delegation of disposal authority. The Commission [ commission ] may delegate its authority to dispose of property not disposed of under §126.3 of this title (relating to Direct Transfer, Priority, Reporting, and other Disposition) to a state agency having possession of the property by any method listed in subsection (a)(1) of this section, so long as the method of sale chosen is most advantageous to the state under the circumstances , and the delegation is approved by the Commission . [ Commission procedures shall establish guidelines for making this determination. ] Any delegation under this section shall be subject to the procedures and reporting requirements in §126.2(6) of this title (relating to General Terms and Conditions).

(4) [ (3) ] Requirement to advertise. If the value of any property to be disposed of under this section is estimated to be worth more than $5,000, the sale shall be advertised at least one time in at least one newspaper of general circulation in the vicinity in which the property is located.

(b) - (g) (No change.)

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 23, 2005.

TRD-200500815

Ingrid K. Hansen

General Counsel

Texas Building and Procurement Commission

Earliest possible date of adoption: April 10, 2005

For further information, please call: (512) 463-4257