CH(LEGAL) - PURCHASING AND ACQUISITION

Note: For legal requirements applicable to purchases with federal funds, see CBB.

Board Authority

Delegation of Authority

Disaster Delegation

Purchases Valued at or Above $50,000

Methods

  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. A method provided by Government Code Chapter 2269 for construction services [see CV series];
  6. The reverse auction procedure as defined by Government Code 2155.062(d).
  7. The formation of a political subdivision corporation under Local Government Code 304.001 (purchase of electricity).

Exceptions

Emergency Damage or Destruction
Sole Source
  1. An item for which competition is precluded because of the existence 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.

Competitive Bidding

Competitive Sealed Proposals

Request for Proposals
Opening Proposals
Selection

Interlocal Contracts

  1. Be authorized by the governing body of each party to the contract;
  2. State the purpose, terms, rights, and duties of the contracting parties; and
  3. Specify that each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party.

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.

Site-Based Purchasing

Contract Selection Factors

  1. The purchase price.
  2. The reputation of the vendor and of the vendor's goods or 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 vendor's 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.

Preferences

Agricultural Products

Vegetation for Landscaping

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; and
  3. Ensure to the maximum extent economically feasible that the district purchases products that may be recycled when they have served their intended use.

Bidder's Place of Business

Notice Publication

Electronic Bids or Proposals

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.

Contract with Person Indebted to District

Out-of-State Bidders

Professional Services

Professional Services Procurement Act

Selection

Definition

  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;
  2. Provided in connection with the professional employment or practice of a person who is licensed or registered as a certified public accountant, architect, landscape architect, land surveyor, physician, optometrist, professional engineer, state-certified or state-licensed real estate appraiser, or registered nurse; 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.

Contingent Fee Contract for Legal Services

  1. Provided to a district under Government Code Chapter 403, Subchapter M; or
  2. Entered into under Tax Code 6.30 (delinquent tax collection) [see CCGA(LEGAL)] or Government Code 1201.027 (issuance of public securities) [see CCA(LEGAL)], except that Government Code sections 2254.1032, 2254.1034, 2254.1036, and 2254.1037 do apply to the contract.
  1. Select a well-qualified attorney or law firm on the basis of demonstrated competence, qualifications, and experience in the requested services; and
  2. Attempt to negotiate a contract with that attorney or law firm for a fair and reasonable price.

Specific Purchases

Computers

Automated Information System

Automated External Defibrillators

Insurance

Multiyear Contracts

Other Purchasing Methods

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.
  3. Provision of information and technical assistance to local governments about the purchasing program.

District Participation

  1. Designate an official to act for the district in all matters relating to the program, including the purchase of items from the vendor under any contract, and that the board 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 provision that provide the information and are sent at the times required by the comptroller;
  3. Be responsible for making payment directly to the vendor;
  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, or on behalf of, the district 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 these provisions, 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 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.

Cooperative Purchasing Contract Fees

Commitment of Current Revenue

Change Orders

Criminal Offenses

Removal from Office

Injunction

Carrollton-Farmers Branch ISD

CH(LEGAL)-P

UPDATE 117

DATE ISSUED: 5/14/2021