Texas Health & Safety Code - Section 12.055. Certain Procurements Made With Department Funds
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§ 12.055. CERTAIN PROCUREMENTS MADE WITH DEPARTMENT
FUNDS. (a) A state agency or local unit of government that expends
funds received from the department for the acquisition of goods and
services may satisfy the requirements of Section 12.052 or of
another state law requiring procurements by competitive bidding or
competitive sealed proposals by procuring goods or services with
those funds in accordance with Section 12.056 or in accordance
with:
(1) Section 2155.144, Government Code, if the entity
is a state agency subject to that law;
(2) Section 32.043 or 32.044, Human Resources Code, if
the entity is a public hospital subject to those laws; or
(3) this section, if the entity is not covered by
Subdivision (1) or (2).
(b) A state agency or local unit of government under
Subsection (a)(3) shall acquire goods or services by any
procurement method approved by the Health and Human Services
Commission that provides the best value to the state agency or local
unit of government. The state agency or local unit of government
shall document that the state agency or local unit of government
considered all relevant factors under Subsection (c) in making the
acquisition.
(c) Subject to Subsection (d), the state agency or local
unit of government may consider all relevant factors in determining
the best value, including:
(1) any installation costs;
(2) the delivery terms;
(3) the quality and reliability of the vendor's goods
or services;
(4) the extent to which the goods or services meet the
state agency's or local unit of government's needs;
(5) indicators of probable vendor performance under
the contract such as past vendor performance, the vendor's
financial resources and ability to perform, the vendor's experience
and responsibility, and the vendor's ability to provide reliable
maintenance agreements;
(6) the impact on the ability of the state agency or
local unit of government to comply with laws and rules relating to
historically underutilized businesses or relating to the
procurement of goods and services from persons with disabilities;
(7) the total long-term cost to the state agency or
local unit of government of acquiring the vendor's goods or
services;
(8) the cost of any employee training associated with
the acquisition;
(9) the effect of an acquisition on the state agency's
or local unit of government's productivity;
(10) the acquisition price; and
(11) any other factor relevant to determining the best
value for the state agency or local unit of government in the
context of a particular acquisition.
(d) If a state agency to which this section applies acquires
goods or services with a value that exceeds $100,000, the state
agency shall consult with and receive approval from the Health and
Human Services Commission before considering factors other than
price and meeting specifications.
(e) The state auditor or the department may audit the state
agency's or local unit of government's acquisitions of goods and
services under this section.
(f) The state agency or local unit of government may adopt
rules and procedures for the acquisition of goods and services
under this section.
Added by Acts 1997, 75th Leg., ch. 1045, § 4, eff. Sept. 1, 1997.
Section: 12.037 12.038 12.039 12.051 12.052 12.053 12.054 12.055 12.056 12.071 12.072 12.081 12.082 12.083 12.084
Last modified: August 10, 2007
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