Title GV, Government Code

Sec. 2156.002. SOLICITATION OF BIDS THROUGH PUBLIC NOTICE. (a) A notice inviting bids shall be published at least once in at least one newspaper of general circulation in the state not later than the seventh day before the last day set for the receipt of bids. (b) The notice must…

Sec. 2156.003. SOLICITATION OF BIDS THROUGH BIDDERS LIST; BID INVITATIONS. (a) The comptroller shall electronically maintain a bidders list. If the comptroller determines that it is in the state's best interest, the comptroller may also maintain the list on paper. The comptroller…

Sec. 2156.004. BID DEPOSIT. (a) The comptroller, as considered necessary, may require a bid deposit in an amount determined by the comptroller. The amount of the deposit, if any, must be stated in the public notice and the invitation to bid. (b) On the award of a bid or the rejec…

Sec. 2156.005. BID SUBMISSION AND OPENING; PUBLIC INSPECTION. (a) A bidder must submit a sealed bid to the comptroller or to the state agency making a purchase. The bid must be identified on the envelope as a bid. (b) Subsection (a) does not apply to bids submitted through the us…

Sec. 2156.006. SUBMISSION OF ADDITIONAL MATERIAL WITH BID. (a) A bidder as an essential element of the materiality of the bid must comply with the specified time limit for the submission of written information, samples, or models at or before the time for bid opening. (b) The com…

Sec. 2156.007. CONTRACT AWARD. (a) The comptroller or other state agency making a purchase shall award a contract to the bidder offering the best value for the state while conforming to the specifications required. (b) In determining the bidder offering the best value, the comptr…

Sec. 2156.008. REJECTION OF BIDS. (a) The comptroller or other state agency making the purchase shall reject a bid in which there is a material failure to comply with specification requirements. (b) The comptroller or other state agency may reject all bids or parts of bids if the…

Sec. 2156.009. REASONS FOR AWARD. On award of a contract, the division of the comptroller responsible for purchasing or the state agency making the purchase shall prepare and file with other records relating to the transaction a statement of the reasons for making the award to th…

Sec. 2156.010. TIE BIDS. In the case of tie bids, the value and cost to the state being equal, a contract shall be awarded under comptroller rules. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 14, eff. Sept. 1,…

Sec. 2156.011. PERFORMANCE BOND. (a) The comptroller may require a performance bond before executing a contract. (b) The comptroller may require the bond in an amount that the comptroller finds reasonable and necessary to protect the state's interests. (c) Any bond required shall…

Sec. 2156.061. USE OF OPEN MARKET PURCHASE PROCEDURE. On a comptroller determination that a purchase of goods or services may be made most effectively in the open market, the comptroller may use the open market purchase procedure and the purchase may be made without newspaper adv…

Sec. 2156.062. MINIMUM NUMBER AND EVALUATION OF BIDS. An open market purchase shall, to the extent possible, be: (1) based on at least three competitive bids; and (2) awarded to the bidder offering the best value for the state in accordance with standards set forth in Chapters 21…

Sec. 2156.063. SOLICITATION OF BIDS. The comptroller and each state agency making a purchase shall solicit bids under this subchapter by: (1) direct mail; (2) telephone; (3) facsimile transmission; or (4) online electronic transmission. Added by Acts 1995, 74th Leg., ch. 41, Sec.…

Sec. 2156.064. RECORDING AND INSPECTION OF BIDS. (a) The comptroller shall keep a record of all open market orders and bids submitted on the orders. (b) A tabulation of the bids shall be open for public inspection, under rules established by the comptroller. (c) A tabulation of t…

Sec. 2156.065. AGENCY REVIEW OF BIDS. (a) On the request of a state agency to review the bids on a purchase administered by the comptroller, the comptroller shall send or make available to the requesting agency copies of each bid received and the comptroller's recommended award. …

Sec. 2156.066. STATEMENT OF REASONS FOR AWARD. The division of the comptroller responsible for purchasing or the state agency making a purchase shall prepare and file with other records relating to a transaction under this subchapter a statement of the reasons for placing an orde…

Sec. 2156.121. USE OF COMPETITIVE SEALED PROPOSALS. (a) The comptroller or other state agency may follow a procedure using competitive sealed proposals to acquire goods or services if the comptroller determines that competitive sealed bidding and informal competitive bidding for …

Sec. 2156.122. SOLICITATION OF PROPOSALS. The comptroller or other state agency shall: (1) solicit proposals under this subchapter by a request for proposals; and (2) give public notice of a request for proposals in the manner provided for requests for bids under Subchapter B. Ad…

Sec. 2156.123. OPENING AND FILING OF PROPOSALS; PUBLIC INSPECTION. (a) The comptroller or other state agency shall avoid disclosing the contents of each proposal on opening the proposal and during negotiations with competing offerors. (b) The comptroller or other state agency sha…

Sec. 2156.124. DISCUSSION AND REVISION OF PROPOSALS. (a) As provided in a request for proposals and under rules adopted by the comptroller, the comptroller or other state agency may discuss acceptable or potentially acceptable proposals with offerors to assess an offeror's abilit…

Sec. 2156.125. CONTRACT AWARD. (a) The comptroller or other state agency shall make a written award of a contract to the offeror whose proposal offers the best value for the state, considering price, past vendor performance, vendor experience or demonstrated capability, and the e…

Sec. 2156.126. ADOPTION OF RULES; STATE AGENCY ASSISTANCE. The comptroller may adopt rules and request assistance from other state agencies to perform its responsibilities under this subchapter. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Renumbered from Se…

Sec. 2156.127. COMPETITIVE SEALED PROPOSALS FOR TELECOMMUNICATIONS AND AUTOMATED INFORMATION SYSTEMS NOT AFFECTED. This subchapter does not affect Subchapter C, Chapter 2157. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Renumbered from Sec. 2156.130 and amen…

Sec. 2156.181. INTERSTATE COMPACTS AND COOPERATIVE AGREEMENTS FOR PROCUREMENTS. (a) The comptroller may enter into one or more compacts, interagency agreements, or cooperative purchasing agreements directly with one or more state governments, agencies of other states, or other go…

Sec. 2156.201. DEFINITIONS. In this subchapter: (1) "Multiple award" means the award of a multiple award contract to more than one vendor by the comptroller or a state agency with the intent to order from the vendors who are awarded the contract all of the solicited goods or serv…

Sec. 2156.202. USE OF MULTIPLE AWARD PURCHASING PROCEDURE. (a) The comptroller or a state agency may use the multiple award purchasing procedure described by this subchapter to award a contract to more than one vendor for the purchase of similar goods or services as necessary to …

Sec. 2156.203. REQUIRED DISCLOSURE OF INTENT AND CRITERIA IN MULTIPLE AWARD SOLICITATION. The comptroller or a state agency shall disclose in the solicitation for a multiple award contract the comptroller's or agency's: (1) intent to use the multiple award purchasing procedure; a…

Sec. 2156.204. SOLICITATION, EVALUATION, AND AWARD. (a) The comptroller or a state agency shall solicit, evaluate, and award a multiple award contract in accordance with: (1) Subchapter A; (2) Subchapter C; or (3) the request for offers method prescribed by comptroller rules adop…

Sec. 2156.205. ORDERING. (a) The comptroller or a state agency shall place each order under a multiple award contract in a manner that provides the best value to the state in accordance with standards provided in Chapters 2155, 2156, 2157, and 2158. If necessary to determine the …