By: Button H.B. No. 2791       A BILL TO BE ENTITLED   AN ACT   relating to the continuation of functions of the Vocational   Rehabilitation Division administered by the Texas Workforce   Commission.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 352, Texas Labor Code, is   amended by adding Section 352.060 to read as follows:   Sec. 352.060.  PROCUREMENT OF GOODS AND SERVICES.  (a)  The   commission may enter into contracts for vocational rehabilitation   services as necessary to perform any of the commission's powers or   duties under this chapter.          (b)  The commission shall acquire vocational rehabilitation   goods or services under this chapter by any procurement method   approved by the commission that provides the best value to the   commission.  The commission shall document that it considered all   relevant factors under subsection (c) in making the acquisition.          (c)  The commission may consider all relevant factors in   determining the best value, including:                (1)  any installation costs;                (2)  the delivery terms;                (3)  the quality and reliability of the vendor's goods   or services;                (4)  the extent to which the goods or services meet the   needs of the participants of vocational rehabilitation services;                (5)  indicators of probable value vendor performance   under the contract such as past vendor performance, the vendor's   financial resources and ability to perform, the vendor's experience   and responsibility, and the vendor's ability to provide reliable   maintenance agreements;                (6)  the impact on the ability of the commission to   comply with laws and rules relating to historically underutilized   businesses or relating to the procurement of goods and services   from persons with disabilities;                (7)  the total long-term cost to the commission of   acquiring the vendor's goods or services;                (8)  the cost of any employee training associated with   the acquisition;                (9)  the effect of an acquisition on commission   productivity;                (10)  the acquisition price; and                (11)  any other factor relevant to determining the best   value for the commission in the context of a particular   acquisition.          (d)  The commission may adopt rules and procedures for the   acquisition of goods and services under this chapter, including   rules that allow the commission to make purchases for vocational   rehabilitation services through an open enrollment contracting   method if the best interests of the state are served by enrolling   multiple vendors.          (e)  If the commission does not receive any responsive bids   on an open market solicitation for hospital goods or services for   the vocational rehabilitation program in a specific area of the   state, the vocational rehabilitation program, after making a   written determination that an open market award is not available,   may negotiate with and award the contract to any qualified vendor   who meets the requirements of the original solicitation:                (1)  at a price consistent with the current market   value of the goods or services; and                (2)  for a term not to exceed five years.          SECTION 2.  Section 352.060, Labor Code, as added by this   Act, takes effect immediately if this Act receives a vote of   two-thirds of all the members elected to each house, as provided by   Section 39, Article III, Texas Constitution.  If this Act does not   receive the vote necessary for immediate effect, those provisions   take effect September 1, 2025.