CF(LEGAL) - PURCHASING AND ACQUISITION

Applicable Law

Exception

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

Board Authority

Delegation of Authority

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.

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, 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.

Out-of-State Bidder

Contracts Valued at or Above $1 Million

  1. Has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by the governmental body; or
  2. Results in the expenditure of at least $1 million in public funds for the purchase of goods or services by the governmental body in a fiscal year of the governmental body.

Contract Requirements

  1. Preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract;
  2. Promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and
  3. On completion of the contract, either:
    1. Provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or
    2. Preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body.

Acknowledgement of PIA Requirements

Bid Acceptance and Contract Award Prohibited

Termination of Contract

  1. The governmental body provides notice under Government Code 552.373 to the entity that is party to the contract;
  2. The contracting entity does not cure the violation in the period prescribed by Government Code 552.373;
  3. The governmental body determines that the contracting entity has intentionally or knowingly failed to comply with a requirement of Subchapter J; and
  4. The governmental body determines that the entity has not taken adequate steps to ensure future compliance with the requirements of Subchapter J. An entity has taken adequate steps to ensure future compliance with Subchapter J if the entity produces contracting information requested by the governmental body that is in the custody or possession of the entity not later than the tenth business day after the date the governmental body makes the request and the entity establishes a records management program to enable the entity to comply with Subchapter J.

Exception

Contract with Person Indebted to College District

Contracts Prohibited

Scrutinized Companies

Companies that Boycott Israel

  1. Is between a governmental entity and a company with ten or more full-time employees; and
  2. Has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity.

Companies that Boycott Energy Companies

  1. Is between a governmental entity and a company with ten or more full-time employees; and
  2. Has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity.

Exception

Companies that Discriminate Against a Firearm Entity or Firearm Trade Association

  1. Is between a governmental entity and a company with at least ten full-time employees; and
  2. Has a value of at least $100,000 that is to be paid wholly or partly from public funds of the governmental entity.

Definition

  1. Refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association;
  2. Refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or
  3. Terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association.
  1. The established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and
  2. A company's refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship:
    1. To comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency; or
    2. For any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's or association's status as a firearm entity or firearm trade association.

Exceptions

Contracts with Foreign-Owned Companies

  1. If, under the contract or other agreement, the company would be granted direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by the governmental entity for product warranty and support purposes; and
  2. If the governmental entity knows that the company is:
    1. Owned by or the majority of stock or other ownership interest of the company is held or controlled by:
      1. Individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; or
      2. A company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or
    2. Headquartered in China, Iran, North Korea, Russia, or a designated country.

Required Disclosures

Disclosure of Interested Parties

Disclosures by Purchasing Personnel

Gov't Code 2262.001(4), .004

Notice Publication

Electronic Bids or Proposals

Professional Services

  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, professional nursing, or forensic science;
  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, a registered nurse, or a forensic analyst or forensic science expert; or
  3. Provided by a person lawfully engaged in interior design, regardless of whether the person is registered as an interior designer under Occupations Code Chapter 1053.

Certain Medical Services

  1. The provider's agreement to payment of a set fee, as a range or lump-sum amount; and
  2. The provider's affirmation and the governmental entity's verification that the provider has the necessary occupational licenses and experience.

Professional Services Contract Exceeding $50,000

Contingent Fee Contracts for Legal Services

Exceptions

Emergency Damage or Destruction

Computers and Computer-Related Equipment

Purchasing Through DIR

Purchase Using Competitive Bidding

Required Certification

Special Preference

Computer Equipment

Cloud Computing Services

Data Security Controls for Vendors

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.

Insurance

Multiyear Contracts

Competitive Bidding

Opening Bids

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.

Identical Bids

Competitive Sealed Proposals

Request for Proposals

Opening Proposals

Selection

Best Value Determination

Interlocal Agreements

  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.

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.

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.

Multiple Award Contract Schedule

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.

Contract-Related Fee Report

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.

Commitment of Current Revenue

Change Orders

Energy or Water Conservation Measures

Recycled Products

Exception

Agricultural Products

Vegetation for Landscaping

Dairy Products

Imported Beef

Commodity Items

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.

Impermissible Practices

Injunction

Blinn College

CF(LEGAL)-LJC

UPDATE 42

DATE ISSUED: 11/17/2021