Relating to state agency purchasing methods and procedures, including a state agency multiple award contract purchasing procedure, the official text

H.B. No. 4748

AN ACT

relating to state agency purchasing methods and procedures,

including a state agency multiple award contract purchasing

procedure.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 2156, Government Code, is

amended by adding Section 2156.0013 to read as follows:

Sec. 2156.0013. PROFESSIONAL SERVICES. This chapter does

not apply to a contract for professional services, as that term is

defined by Section 2254.002.

SECTION 2. Chapter 2156, Government Code, is amended by

adding Subchapter E to read as follows:

SUBCHAPTER E. MULTIPLE AWARD PURCHASING PROCEDURE

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 services necessary to

satisfy the actual solicitation requirements for the contract.

(2) "Multiple award contract" has the meaning assigned

by Section 2155.501.

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 ensure adequate delivery, service, or

product compatibility.

(b) The comptroller or a state agency shall prepare a

written determination stating the comptroller's or agency's reasons

for using the multiple award purchasing procedure to purchase the

goods or services under a multiple award contract and retain the

determination in the multiple award contract file.

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; and

(2) criteria for an award under that procedure.

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 adopted under Section 2157.006.

(b) Each contractor must provide, or be capable of

providing, the best value to the state.

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 best value to the state, the comptroller

or agency may conduct a secondary solicitation competition among

the vendors awarded a multiple award contract before placing the

order.

(b) The comptroller or a state agency shall document the

method used for determining the best value to the state under a

multiple award contract and retain the documentation in the

contract file.

SECTION 3. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I certify that H.B. No. 4748 was passed by the House on May

16, 2025, by the following vote: Yeas 121, Nays 4, 2 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 4748 was passed by the Senate on May

27, 2025, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor