PART 39. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS
CHAPTER 850. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS
SUBCHAPTER E. MISCELLANEOUS BOARD PROCEDURES AND REQUIREMENTS
Texas Board of Professional Geoscientists (TBPG) proposes new Subchapter E and new rule §850.221 Procurement and Procurement Bid Protest Procedures to 22 Texas Administrative Code Chapter 850.
PURPOSE, BACKGROUND, AND AUTHORITY
The purpose of the proposed new Subchapter E and new rule §850.221 is to align TBPG rules with the following sections of the Texas Government Code which require state agencies to adopt rules regarding contracting and purchasing:
According to Texas Government Code §2155.076, each state agency, by rule, "shall develop and adopt protest procedures for resolving vendor protests relating to purchasing issues. An agency's rules must be consistent with the [Comptroller's] rules."
TBPG has procedures in place, and staff has ensured that its procedures regarding bid protest are consistent with the agency's proposed rule.
FISCAL NOTE - STATE AND LOCAL GOVERNMENT
Rene D. Truan, Executive Director of the Texas Board of Professional Geoscientists, has determined that for each fiscal year of the first five years the rules are in effect, these proposals have no foreseeable implications relating to cost or revenues of the state or of local governments caused by enforcing or administering the proposed rules.
PUBLIC BENEFIT AND COST
Mr. Truan has determined for each year of the first five years that the rule will be in effect that the public benefit expected because of the adoption of the proposed rule is broader access by interested persons to the purchasing procedures of the agency as they relate to bid protests. The proposed rule potentially poses minimal economic cost to persons required to comply with the rule because the rule provides a simple procedure to handle bid protests and because the rule incorporates the procedures of the Office of the Comptroller of Public Accounts, which are familiar to the state bidders.
SMALL, MICRO-BUSINESS, RURAL COMMUNITIES, AND LOCAL ENCONOMY
Mr. Truan has determined that the proposed rule will not have an adverse effect on small businesses, micro-businesses, rural communities, or local economy. Consequently, neither an economic impact statement, a local employment impact statement, nor a regulatory flexibility analysis is required.
GOVERNMENT GROWTH IMPACT STATEMENT
During the first five years that the rule would be in effect:
(1) the proposed rule does not create or eliminate a government program;
(2) implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions;
(3) implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency;
(4) the proposed rule does not require an increase or decrease in fees paid to the agency;
(5) the proposed rule does not create a new regulation;
(6) the proposed rule does not expand, limit, or repeal an existing regulation;
(7) the proposed rule does not increase or decrease the number of individuals that are subject to the rule's applicability; and
(8) the proposed rule does not positively or adversely affect this state's economy.
REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL RULES
Mr. Truan has determined that this proposal is not a "major environmental rule" as defined by
Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. Although Professional Geoscientists and Registered Geoscience Firms play a key role in environmental protection for the state of Texas, this proposal is not specifically intended to protect the environment nor reduce risks to human health from environmental exposure.
TAKINGS IMPACT ASSESSMENT
Mr. Truan has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Comments on the proposed amendment may be submitted in writing to Rene D. Truan, Executive Director, Texas Board of Professional Geoscientists, 1801 Congress, Suite 7.800, Austin, Texas 78701 or by mail to P.O. Box 13225, Austin, Texas 78711 or by e-mail to rtruan@tbpg.texas.gov. Please indicate "Comments on Proposed Rules" in the subject line of all e-mails submitted. Please submit comments within 30 days following publication of the proposal in the Texas Register.
STATUTORY AUTHORITY
This section is proposed under the Texas Geoscience Practice Act, Texas Occupations Code §1002.151, which authorizes the Board to adopt and enforce all rules consistent with the Act as necessary for the performance of its duties. The proposed rule is adopted pursuant to Texas Government Code section 2155.075, which requires the agency to adopt rules relating to bid protest procedures in purchasing.
No other statutes, codes, or articles are affected by the proposed Rule.
§850.221Procurement and Procurement Bid Protest Procedures.
(a) An actual bidder who considers him or herself aggrieved in connection with the award of a contract by the Board may file a formal protest with the Board's procurement director. A formal protest must be in writing and received by the procurement director within ten (10) business days after the protesting party knows or should have known of the occurrence of the action which is protested.
(b) Procedures:
(1) Within ten (10) business days after the bid award, the bidder must submit in writing to the procurement director the reasons why TBPG should not have awarded the bid to the successful bidder.
(2) If the unsuccessful bidder does not agree with the response of the procurement director, the bidder may appeal the decision to the Executive Director on or before the seventh day after receiving the denial.
(3) Protests and appeals that are not timely filed will not be considered, unless good cause is established, or the procurement director determines that the protest or appeal raises issues significant to the agency's procurement practices or procedures.
(c) A decision by the Executive Director shall be the final administrative action of the agency.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 2, 2023.
TRD-202303668
Rene Truan
Executive Director
Texas Board of Professional Geoscientists
Earliest possible date of adoption: November 19, 2023
For further information, please call: (512) 936-4428