CF(LEGAL) - PURCHASING AND ACQUISITION

Applicable Law

Education Code 44.0311(a), 130.010

Exception

Note: For information on purchases using federal funds, see CAAB.

Board Authority

Delegation of Authority

Education Code 44.0312(a)–(b)

Disaster Exception

Contract with Another Agency

Purchases Valued at or Above $50,000

  1. Competitive bidding for services other than construction services.
  2. Competitive sealed proposals for services other than construction services.
  3. A request for proposals, for services other than construction services.
  4. An interlocal contract.
  5. The reverse auction procedure as defined by Government Code 2155.062(d).
  6. The formation of a political subdivision corporation under Local Government Code 304.001.

Education Code 44.031(a)

Note: Regarding construction of school facilities, see CM generally; CMA for competitive bidding; CMB for competitive sealed proposals; CMC and CMD for contracts using a construction manager; CME for design/build contracts; and CMF for job-order contracts for minor repairs/alterations.

Regarding notice to the Legislative Budget Board (LBB) about contracts exceeding $50,000, see GGC.

Factors

  1. The purchase price.
  2. The reputation of the vendor and of the vendor's goods and services.
  3. The quality of the vendor's goods or services.
  4. The extent to which the goods or services meet the district's needs.
  5. The vendor's past relationship with the district.
  6. The impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses.
  7. The total long-term cost to the district to acquire the goods or services.
  8. For a contract for goods and services, other than goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the vendor's ultimate parent company or majority owner has its principal place of business in this state or employs at least 500 persons in this state.
  9. Any other relevant factor specifically listed in the request for bids or proposals.

Education Code 44.031(b)

Out-of-State Bidder

Gov't Code 2252.001–.004

Contract with Person Indebted to College District

Education Code 44.044

Contracts Prohibited

Scrutinized Companies

Companies that Boycott Israel

Required Disclosures

Disclosure of Interested Parties

Disclosures by Purchasing Personnel

Gov't Code 2262.001(4), .004

Notice Publication

Electronic Bids or Proposals

Education Code 44.0313

Professional Services

Education Code 44.031(f)

  1. Within the scope of the practice, as defined by state law, of accounting, architecture, landscape architecture, land surveying, medicine, optometry, professional engineering, real estate appraising, or professional nursing; or
  2. Provided in connection with the professional employment or practice of a person who is licensed or registered as a certified public accountant, an architect, a landscape architect, a land surveyor, a physician, including a surgeon, an optometrist, a professional engineer, a state certified or state licensed real estate appraiser, or a registered nurse.

Professional Service Contract Exceeding $14,000

Emergency Damage or Destruction

Computers and Computer-Related Equipment

Purchasing Through DIR

Purchase Using Competitive Bidding

Required Certification

Special Preference

Computer Equipment

Automated Information System

Sole Source

  1. An item for which competition is precluded because of a patent, copyright, secret process, or monopoly.
  2. A film, manuscript, or book.
  3. A utility service, including electricity, gas, or water.
  4. A captive replacement part or component for equipment.

Education Code 44.031(j)–(k)

Insurance

Multiyear Contracts

Competitive Bidding

Education Code 44.0351

Opening Bids

Local Gov't Code 271.026–.027(a)

Safety Record

  1. The governing body of the governmental entity has adopted a written definition and criteria for accurately determining the safety record of a bidder.
  2. The governing body has given notice to prospective bidders in the bid specifications that the safety record of a bidder may be considered in determining the responsibility of the bidder.
  3. The determinations are not arbitrary and capricious.

Local Gov't Code 271.0275

Identical Bids

Local Gov't Code 271.901

Competitive Sealed Proposals

Request for Proposals

Opening Proposals

Selection

Best Value Determination

Interlocal Agreements

Gov't Code 791.011(d)–(f), (i)

Gov't Code 791.025(b)–(c); Atty. Gen. Op. JC-37(1999)

  1. The project for which the construction-related goods or services are being procured does not require the preparation of plans and specifications under Occupations Code Chapter 1001 or 1051; or
  2. The plans and specifications required under Chapters 1001 and 1051 have been prepared.

Gov't Code 791.011(j)

State Purchasing Program

  1. The extension of state contract prices to participating local governments when the comptroller considers it feasible;
  2. Solicitation of bids on items desired by local governments if the solicitation is considered feasible by the comptroller and is desired by the local government; and
  3. Provision of information and technical assistance to local governments about the purchasing program.

Local Gov't Code 271.082

College District Requirements

  1. Designate an official to act for the local government in all matters relating to the program, including the purchase of items from the vendor under any contract, and that the governing body will direct the decisions of the representative;
  2. Be responsible for:
    1. Submitting requisitions to the comptroller under any contract; or
    2. Electronically sending purchase orders directly to vendors, or complying with procedures governing a reverse auction purchase and electronically sending to the comptroller reports on actual purchases made under this paragraph that provide the information and are sent at the times required by the comptroller;
  3. Be responsible for making payment directly to the vendor; and
  4. Be responsible for the vendor's compliance with all conditions of delivery and quality of the purchased item.

Local Gov't Code 271.083

Multiple Award Contract Schedule

Gov't Code 2155.502, .504

Cooperative Purchasing Program

  1. Designate a person to act under the direction of, and on behalf of, that local government in all matters relating to the program;
  2. Make payments to another participating local government or local cooperative organization or directly to a vendor under a contract made under Local Government Code Chapter 271, Subchapter F, as provided in the agreement between the participating local governments or between a local government and a local cooperative organization; and
  3. Be responsible for the vendor's compliance with provisions relating to the quality of items and terms of delivery, to the extent provided in the agreement between the participating local governments or between a local government and a local cooperative organization.

Local Gov't Code 271.102; Atty. Gen. Op. JC-37 (1999)

Contract-Related Fee Report

Education Code 44.0331

Reverse Auction

  1. A real-time bidding process usually lasting less than one hour and taking place at a previously scheduled time and internet location, in which multiple suppliers, anonymous to each other, submit bids to provide the designated goods or services; or
  2. A bidding process usually lasting less than two weeks and taking place during a previously scheduled period and at a previously scheduled internet location, in which multiple suppliers, anonymous to each other, submit bids to provide the designated goods or services.

Gov't Code 2155.062(d)

Commitment of Current Revenue

Change Orders

Education Code 44.0411

Energy or Water Conservation Measures

Recycled Products

  1. Eliminate procedures and specifications that explicitly discriminate against products made of recycled materials.
  2. Encourage the use of products made of recycled materials.
  3. Ensure to the maximum extent economically feasible that the college district purchase products that may be recycled when they have served their intended use.

Health and Safety Code 361.426

Agricultural Products

Education Code 44.042(a)–(b), (f), (g)(1)

Vegetation for Landscaping

Dairy Products

Imported Beef

Criminal History

Right to Work

  1. May not consider whether a vendor is a member of or has another relationship with any organization; and
  2. Shall ensure that its bid specifications and any subsequent contract or other agreement do not deny or diminish the right of a person to work because of the person's membership or other relationship status with respect to any organization.

Education Code 44.043

Impermissible Practices

Injunction

Tyler Junior College

CF(LEGAL)-LJC

UPDATE 35

DATE ISSUED: 12/3/2018