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Relating to certain
purchasing methods by state agencies and local governments.
No significant fiscal implication to the State is anticipated.
SB 1161 would amend certain sections in Chapter 2157
(Purchasing: Purchasing of Automated Information Systems) and Chapter 2155 (Purchasing:
General Rules and Procedures) of the Government Code.
A new subsection in Chapter 2157 would require a state
agency to purchase an automated information system (AIS) from the list of
commodity items that are provided by the Department of Information Resources
(DIR). From that list, an agency would have to make competitive pricing
requests for purchases of more than $50,000.
A commodity item is any commercial software, hardware, or
technology service that is available to the public but is also used by
different state agencies. Under current law,
DIR is required to maintain a list of commodity items that are available for
purchase through it. The list generally offers lower prices than what is offered
to other state agencies.
Finally, DIR in conjunction with state agencies would be
responsible for monitoring and verifying transaction reports submitted by
vendors.
According to the author’s statement of intent, current law
requires all state agencies to purchase commodities from a list of procured
contracts by the DIR. Once the agencies purchase commodities from the DIR list they
are absolved from having to conduct a competitive bid process because it is
assumed that the DIR has done its due diligence in obtaining the lowest
possible price.
However, audit reports have shown that these agencies are
actually not always receiving the best value. Moreover, the author’s statement
contends that the reason these agencies are not receiving the best value is
that they lack any oversight.
SB 1161 would require state agencies to make an additional
effort to acquire the best value for their purchases by requesting competitive
bids from vendors that are already approved on the DIR commodities list.
Additionally, this legislation requires DIR and state agencies to monitor those
transactions.
We support SB 1161 because it is within the proper role of
government to ensure that the taxpayers’ money is spent judiciously. The competitive
bidding process and extra oversight are critical to achieving that standard in addition to maintaining the personal responsibility of those government entities. When
an agency is receiving the best possible value for its money, the taxpayer is
receiving the best possible value too.