Section 31.069 - Indefinite Quantity Contracts for Services After Declared Natural Disaster(a) The land office shall enter into indefinite quantity contracts with vendors to provide services the land office determines may be necessary to construct, repair, or rebuild property or infrastructure in the event of a natural disaster. (b) The terms of a contract under Subsection (a) must provide that the contract is contingent on:
(1) the availability of funds; (2) the occurrence of a natural disaster within the term of the contract; and (3) delivery of the services to an area of this state declared by the governor or president of the United States under law to be a disaster area as a result of the natural disaster .
(c) The land office shall ensure that it has contracts in place under this section with vendors to provide services that take effect immediately on the expiration of a contract under this section. (d) A contract under this section may be funded by multiple sources including local, state, and federal agencies and the disaster contingency fund established under Section 418.073, Government Code.(e) If the land office determines that federal funds may be used for a contract under Subsection (a), the land office shall ensure that the contract complies with the requirements of the Federal Acquisition Regulation (48 C.F.R. Chapter 1), or a successor regulation.(f) In awarding a contract under this section, the land office shall consider and apply any applicable state law and rules of the land office relating to contracting with historically underutilized businesses.(g) If on September 1, 2019, the land office has indefinite quantity contracts with vendors for the provision of the types of services specified by Subsection (a), the land office is not required to enter into new indefinite quantity contracts that meet the requirements of this section until those existing contracts expire. This subsection expires September 1, 2023.(h) Notwithstanding any other provision of this section, the land office shall follow the procedures provided by Section 2254.004, Government Code, in contracting for engineering services under this section. (i) The land office may award a contract under this section to one or more vendors: (1) on the basis of demonstrated competence and qualifications to perform the services for which the land office issues a request for qualifications; or (2) using any other applicable state procurement method. (j) A contract under this section may include: (2) a list of pre-priced work items; or (3) another schedule identifying agreed prices for services. (k) A contract under this section that does not include the items listed in Subsection (j) must require a vendor to submit a price proposal for services on request by the land office. (l) The land office shall issue task, work, or purchase orders for services under a contract entered into under this section to the vendor that provides the best value to the land office using the standard provided by Section 2155.074, Government Code. Tex. Nat. Res. Code § 31.069
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 732,Sec. 1, eff. 9/1/2023.Added by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 577,Sec. 1, eff. 9/1/2019. See Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 577, Sec. 2.