Emergency Sections 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, for no more than 120 days. The emergency action is renewable once for no more than 60 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.113.9, sec.113.10 The General Services Commission adopts on an emergency basis amendments to sec.113.9 and sec.113.10 concerning term contract and delegate purchases. The amendment to sec.113.9 increases the term contract amounts requiring performance bonds from $25,000 to $100,000. The amendment to sec.113.10 requires agencies to attempt to obtain bids from disadvantaged businesses when making spot purchases. The amendments are adopted on an emergency basis for immediate application to increase competition, to improve bidding opportunities for disadvantaged business on all contract invitations to be advertised within the next 60 days, and to comply with the provisions of Texas Civil Statutes, Article 601b, sec.3.10(b), which requires the commission to make efforts to assist disadvantaged businesses to received at least 10% of the total value of all contract awards. The amendments are adopted under Texas Civil Statutes, Article 601b, sec.3. 01, which provides the General Services Commission with the authority to promulgate rules necessary to accomplish the purpose of Article 3. sec.113.9. Term Contracts. (a) Texas Civil Statutes, Article 601b, sec.3.10 and sec.3.11 authorize the commission to establish term contracts for the purchase and rental of items used in large quantities by several state agencies for delivery during a specified period of time and for estimated quantities only. (1)-(2) (No change.) (3) Awards. (A) (No change.) (B) Performance bonds will be required with each award exceeding $100,000
    [$25,000]. (4) (No change.) (b) (No change.) sec.113.10. Delegated Purchases. (a) (No change.) (b) Spot purchases. As further required by Texas Civil Statutes, Article 601b, sec.3.08, using state agencies are delegated the authority to make purchases in amounts that do not exceed $5,000 in accordance with the following conditions. (1)-(2) (No change.) (3) The agency must attempt to obtain at least three informal bids, including one bid from a disadvantaged business as defined in Texas Civil Statutes, Article 601b, sec.1.02(3), for
      [on] all purchases in excess of $1, 000 and not over $2,500. The agency must attempt to obtain at least four
        [three] formal bids , including a minimum of two bids from disadvantaged businesses (including at least one bid from a minority-owned business and at least one bid from a woman-owned business),
          for all purchases in excess of $2,500. In the event an agency is unable to locate a minority-owned business and/or a woman-owned business from the Texas Disadvantaged Business Enterprise Directory or other available sources, the agency must make a written notation on the spot purchase form of all reference sources used.
            All bids must be obtained from sources which normally offer for sale the merchandise being purchased. (4)-(5) (No change.) (c)-(l) (No change.) Issued in Austin, Texas, on August 24, 1992. TRD-9211575 Judith M. Porras Director, Legal Information and Human Resources General Services Commission Effective date: August 24, 1992 Expiration date: December 22, 1992 For further information, please call: (512) 463-3446