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Susan Combs  •  Texas Comptroller of Public Accounts

Miscellaneous Expenditures — State Preferences in…
General Preferences

Products By Persons with Disabilities [+]

A preference shall be given to manufactured products of workshops, organizations, or corporations whose primary purpose is training and employing persons with mental or physical disabilities, if the products or services meet state specifications as to quantity, quality and price.

Competitive bids are not required for purchases of blind-made goods or services offered as a result of efforts by the Texas Council for Purchasing from People with Disabilities – TIBH, if the goods or services meets state specifications as to quantity, quality and price. Govt Code 2155.441

Texas Department of Criminal Justice (TDCJ) / Institutional Division [+]

A preference shall be given to items manufactured by the Texas Correctional Industries (TCI) under the Prison Made Goods Act. Govt Code, Chapter 497.

Texas and United States Products and Services [+]

Agricultural products grown in Texas and offered by a Texas bidder shall be given preference over comparable products grown outside Texas when the cost and quality of the goods are equal. Govt Code 2155.444.

Products and Services from Economically Depressed and Blighted Areas [+]

A preference shall be given to products and services from economically depressed or blighted areas as defined in Texas Government Code, §2306.004. Govt Code 2155.449.

Products of Facilities on Formerly Contaminated Property [+]

A preference shall be given for goods produced at a facility located on property for which the owner has received a certificate of completion under Section 361.609, Health and Safety Code. Govt Code 2155.450

Recycled, Remanufactured or Environmentally Sensitive Products [+]

A preference shall be given to recycled, remanufactured or environmentally sensitive products, including recycled steel products, if the products meet State specifications as to quantity, quality and defined best-value factors.

The preference for recycled steel products applies also to products purchased in connection with projects described in the Texas Government Code, §2166.003. Govt Code 2155.445(a)

Energy Efficient Products [+]

This preference shall be applied by evaluating the energy use of the products offered and considering the costs of such energy use over the expected life of the equipment. The methodology for evaluating energy use and costs shall be included in the bid invitation. Govt Code 2155.442

Rubberized Asphalt Paving Material [+]

A preference shall be given to rubberized asphalt paving material made from scrap tires by a facility in this state if the cost, as determined by life-cycle cost benefit analysis, does not exceed the bid cost of alternative paving materials by more than 15 percent. Govt Code 2155.443

Recycled Motor Oil and Lubricants [+]

A preference shall be given to motor oils and lubricants that contain at least 25 percent recycled oil, if the quality is comparable and the cost is equal to or less than new oil and lubricants. Govt Code 2155.447

Vendors that Meet or Exceed Air Quality Standards [+]

  • For contracts to be performed in a designated nonattainment area, as defined by §386.001, Health and Safety Code, the Commission and state agencies procuring goods and services may:
    • give preference to goods or services of a vendor that demonstrates the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality; or,
    • require that a vendor demonstrate the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality.
  • The preference may be given only if the cost to the state for the goods and services would not exceed 105 percent of the cost of the goods or services provided by a vendor who does not meet the standards.
  • When this preference is made available, the methodology for claiming, evaluating and granting the preference shall be included in the Comproller's office's and other state agencies' solicitations. The application of the preference should encourage vendor innovation to achieve the clean air objectives as described in the solicitation. Govt Code 2155.451

Recycled or Reused Computer Equipment of Other Manufacturers [+]

A preference shall be given to a manufacturer that has a program to recycle or reuse the computer equipment of other manufacturers, including collection events, recycling grants and manufacturer initiatives to accept computer equipment labeled with another manufacturer’s brand. Health and Safety Code 361.965(d)

Foods of Higher Nutritional Value [+]

Preference may be given to contractors who provide foods of higher nutritional value and who do not provide foods containing trans fatty acids for consumption in the cafeteria. The Department of Agriculture’s nutrition standards shall be reviewed in complying with this preference. Govt Code 2155.452.

State of Texas Procurement Manual

Sources [+]

Texas Government Code Sections 2155.0011, 2155.444(a)–(b).

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Susan Combs
Texas Comptroller of Public Accounts
Questions? Contact statewide.accounting@cpa.state.tx.us
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