Tex.
Educ. Code Section 44.031
Purchasing Contracts
(a)
Except as provided by this subchapter, all school district contracts for the purchase of goods and services, except contracts for the purchase of produce or vehicle fuel, valued at $50,000 or more in the aggregate for each 12-month period shall be made by the method, of the following methods, that provides the best value for the district:(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 Chapter 2269 (Contracting and Delivery Procedures for Construction Projects), Government Code, for construction services;(6)
the reverse auction procedure as defined by Section 2155.062 (Purchase Methods)(d), Government Code; or(7)
the formation of a political subdivision corporation under Section 304.001 (Aggregation by Political Subdivisions), Local Government Code.(b)
Except as provided by this subchapter, in determining to whom to award a contract, the district shall consider:(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:(A)
has its principal place of business in this state; or(B)
employs at least 500 persons in this state; and(9)
any other relevant factor specifically listed in the request for bids or proposals.(b-1)
In awarding a contract by competitive sealed bid under this section, a school district that has its central administrative office located in a municipality with a population of less than 250,000 may consider a bidder’s principal place of business in the manner provided by Section 271.9051 (Consideration of Location of Bidder’s Principal Place of Business in Certain Municipalities), Local Government Code. This subsection does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153.(c)
The state auditor may audit purchases of goods or services by the district.(d)
The board of trustees of the district may adopt rules and procedures for the acquisition of goods or services.(e)
To the extent of any conflict, this subchapter prevails over any other law relating to the purchasing of goods and services except a law relating to contracting with historically underutilized businesses.(f)
This section does not apply to a contract for professional services rendered, including services of an architect, attorney, certified public accountant, engineer, or fiscal agent. A school district may, at its option, contract for professional services rendered by a financial consultant or a technology consultant in the manner provided by Section 2254.003 (Selection of Provider; Fees), Government Code, in lieu of the methods provided by this section.(g)
Notice of the time by when and place where the bids or proposals, or the responses to a request for qualifications, will be received and opened shall be published in the county in which the district’s central administrative office is located, once a week for at least two weeks before the deadline for receiving bids, proposals, or responses to a request for qualifications. If there is not a newspaper in that county, the advertising shall be published in a newspaper in the county nearest the county seat of the county in which the district’s central administrative office is located. In a two-step procurement process, the time and place where the second-step bids, proposals, or responses will be received are not required to be published separately.(h)
If school equipment, a school facility, or a portion of a school facility is destroyed, severely damaged, or experiences a major unforeseen operational or structural failure, and the board of trustees determines that the delay posed by the contract methods required by this section would prevent or substantially impair the conduct of classes or other essential school activities, then contracts for the replacement or repair of the equipment, school facility, or portion of the school facility may be made by a method other than the methods required by this section.(h)
If school equipment or a part of a school facility or personal property is destroyed or severely damaged or, as a result of an unforeseen catastrophe or emergency, undergoes major operational or structural failure, and the board of trustees determines that the delay posed by the methods provided for in this section would prevent or substantially impair the conduct of classes or other essential school activities, then contracts for the replacement or repair of the equipment or the part of the school facility may be made by methods other than those required by this section.(i)
A school district may acquire computers and computer-related equipment, including computer software, through the Department of Information Resources under contracts entered into in accordance with Chapter 2054 (Information Resources) or 2157 (Purchasing: Purchase of Automated Information Systems), Government Code. Before issuing an invitation for bids, the department shall consult with the agency concerning the computer and computer-related equipment needs of school districts. To the extent possible the resulting contract shall provide for such needs.(j)
Without complying with Subsection (a), a school district may purchase an item that is available from only one source, including:(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; and(4)
a captive replacement part or component for equipment.(k)
The exceptions provided by Subsection (j) do not apply to mainframe data-processing equipment and peripheral attachments with a single-item purchase price in excess of $15,000.(l)
Each contract proposed to be made by a school district for the purchase or lease of one or more school buses, including a lease with an option to purchase, must be submitted to competitive bidding when the contract is valued at $20,000 or more.(m)
If a purchase is made at the campus level in a school district with a student enrollment of 180,000 or more that has formally adopted a site-based decision-making plan under Subchapter F (Planning and Decision-making Process), Chapter 11 (School Districts), that delegates purchasing decisions to the campus level, this section applies only to the campus and does not require the district to aggregate and jointly award purchasing contracts. A district that adopts site-based purchasing under this subsection shall adopt a policy to ensure that campus purchases achieve the best value to the district and are not intended or used to avoid the requirement that a district aggregate purchases under Subsection (a).
Source:
Section 44.031 — Purchasing Contracts, https://statutes.capitol.texas.gov/Docs/ED/htm/ED.44.htm#44.031 (accessed Apr. 20, 2024).
