Sec. 2155.074. BEST VALUE STANDARD FOR PURCHASE OF GOODS OR SERVICES. (a) For a purchase of goods and services under this chapter, each state agency, including the comptroller, shall purchase goods and services that provide the best value for the state.
(b) In determining the best value for the state, the purchase price and whether the goods or services meet specifications are principal considerations that must be balanced with other relevant factors.
(b-1) The comptroller or other state agency may, subject to Subsection (c) and Section 2155.075, consider the following relevant factors under Subsection (b), including:
(1) installation costs;
(2) life cycle costs;
(3) the quality and reliability of the goods and services;
(4) the delivery terms;
(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 or demonstrated capability and responsibility, and the vendor's ability to provide reliable maintenance agreements and support;
(6) the cost of any employee training associated with a purchase;
(7) the effect of a purchase on agency productivity;
(8) the vendor's anticipated economic impact to the state or a subdivision of the state, including potential tax revenue and employment;
(9) the impact of a purchase on the agency's administrative resources; and
(10) other factors relevant to determining the best value for the state in the context of a particular purchase.
(c) A state agency shall consult with and receive approval from the comptroller before considering factors other than price and meeting specifications when the agency procures through competitive bidding goods or services with a value that exceeds $100,000.
Added by Acts 1997, 75th Leg., ch. 1206, Sec. 6, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 14.16, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 14, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 855 (S.B. 799), Sec. 5, eff. September 1, 2021.
Structure Texas Statutes
Subtitle D - State Purchasing and General Services
Chapter 2155 - Purchasing: General Rules and Procedures
Subchapter B. General Purchasing Requirements, Procedures, and Programs
Section 2155.061. Comptroller Purchasing System
Section 2155.062. Purchase Methods
Section 2155.063. Competitive Bidding Requirement
Section 2155.064. Schedule and Bulk Purchasing
Section 2155.065. Contracts With Department of Criminal Justice
Section 2155.066. Review of Specifications
Section 2155.067. Proprietary Purchases
Section 2155.068. Uniform Standards and Specifications
Section 2155.069. Testing and Inspection
Section 2155.070. Failure to Meet Specifications
Section 2155.072. Statewide or Regional Services Contracts; Studies
Section 2155.073. Participation by Small Businesses in State Purchasing
Section 2155.074. Best Value Standard for Purchase of Goods or Services
Section 2155.075. Requirement to Specify Value Factors in Request for Bids or Proposals
Section 2155.0755. Verification of Use of Best Value Standard
Section 2155.076. Protest Procedures
Section 2155.077. Barring Vendor From Participation in State Contracts
Section 2155.079. Buying Under Contract Established by Agency Other Than Comptroller
Section 2155.080. Advisory Committee on Procurement
Section 2155.081. Vendor Advisory Committee
Section 2155.083. State Business Daily; Notice Regarding Procurements Exceeding $25,000
Section 2155.084. Purchases From Federal Government
Section 2155.085. Reverse Auction Procedure
Section 2155.088. Material Changes to Contracts
Section 2155.089. Reporting Vendor Performance
Section 2155.090. Vendor and Employee Interaction and Communication Policy
Section 2155.091. Chief Procurement Officer: Powers and Duties