CH(LEGAL) - PURCHASING AND ACQUISITION

Acquisition of Property

Financing Personal Property Purchases

Lease of Property to a Governmental Entity

  1. Lease property owned by the ESC to another political subdivision or an agency of the state or federal government; or
  2. Make an agreement to provide office space in property owned by the ESC to the other political subdivision or agency.
  1. Shall determine the terms of the lease or agreement so as to promote and maintain the public purpose;
  2. May provide for the lease of the property or provision of the office space at less than fair market value; and
  3. Is not required to comply with any competitive purchasing procedure or any notice and publication requirement imposed by this chapter or other law.

Local Gov't Code 272.005

Public Contracts

General Principles

Note: The ESC should consider any applicable conflict of interest rules when selecting a vendor or otherwise awarding a contract. [See BBFA]

Required Contract Provision

Exemption from Taxation

Disclosure of Interested Parties

Exclusions

  1. A publicly traded business entity, including a wholly owned subsidiary of the entity;
  2. An electric utility, as defined by Utilities Code 31.002; or
  3. A gas utility, as defined by Utilities Code 121.001.

Gov't Code 2252.908(c)(4)–(6)

Required Form

Deadline

Contract Changes

  1. A disclosure of interested parties form was not filed for the existing contract; and either the changed contract requires an action or vote by the board or the value of the changed contract is at least $1 million; or
  2. The business entity submitted a disclosure of interested parties form to the ESC that is a party to the existing contract; and either there is a change to the disclosure; or the changed contract requires an action or vote by the board; or the value of the changed contract is at least $1 million greater than the value of the existing contract.

1 TAC 46.4

Definitions

  1. An ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds ten percent;
  2. Membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than ten members; or
  3. Service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. This subsection does not apply to an officer of a publicly held business entity or its wholly owned subsidiaries.

1 TAC 46.3(c)

Procuring Professional Services

Automated Information System

Interlocal Agreements

Gov't Code 791.011(d)–(f), (i)

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

State Purchasing Program

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

Local Gov't Code 271.082

ESC Requirements

  1. Designate an official to act for the ESC in all matters relating to the program, including the purchase of items from the vendor under any contract;
  2. Direct the decisions of its representative;
  3. Be responsible for:
    1. Submitting requisitions to the commission under contract(s) and for payment directly to the vendor; and
    2. Electronically sending purchase orders directly to vendors, or complying with procedures governing a reverse auction purchase, and electronically sending the comptroller reports on actual purchases; and
  4. Be responsible for the vendor's compliance with all conditions of delivery and quality of the purchased item.

Competitive Bids

Electronic Marketplace

Local Gov't Code 271.083

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)

Multiple Award Contract Schedule

Gov't Code 2155.504

Cooperative Purchasing Program

  1. Designate a person to act on behalf of the ESC in all matters relating to the program;
  2. Make payments to another participating local government or local cooperative organization or directly under a contract, as provided in the agreement; and
  3. Be responsible for the vendor's compliance.

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

Foreign Dairy Products

Commitment of Current Revenue

  1. Retains to the board the continuing right to terminate the contract at the expiration of each budget period during the term of the contract.
  2. Is conditioned on a best efforts attempt by the board to obtain and appropriate funds for payment of the contract.

Local Gov't Code 271.903

Criminal History

  1. The employee or applicant has or will have continuing duties related to the contracted services; and
  2. The employee or applicant has or will have direct contact with students.

Region XIV Education Service Center

CH(LEGAL)-ESCA

UPDATE 23

DATE ISSUED: 6/20/2018