Texas Education Code - Section 44.031. Purchasing Contracts
Legal Research Home >
Texas Laws > Education Code > Texas Education Code - Section 44.031. Purchasing Contracts
§ 44.031. PURCHASING CONTRACTS. (a) Except as provided
by this subchapter, all school district contracts, except contracts
for the purchase of produce or vehicle fuel, valued at $25,000 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;
(2) competitive sealed proposals;
(3) a request for proposals, for services other than
construction services;
(4) a catalogue purchase as provided by Subchapter B,
Chapter 2157, Government Code;
(5) an interlocal contract;
(6) a design/build contract;
(7) a contract to construct, rehabilitate, alter, or
repair facilities that involves using a construction manager;
(8) a job order contract for the minor construction,
repair, rehabilitation, or alteration of a facility;
(9) the reverse auction procedure as defined by
Section 2155.062(d), Government Code; or
(10) the formation of a political subdivision
corporation under Section 304.001, Local Government Code.
(b) Except as provided by this subchapter, in determining to
whom to award a contract, the district may 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; and
(8) 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, 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, 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, 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.
Text of subsec. (h) as amended by Acts 1999, 76th Leg., ch. 922,
§ 1
(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.
Text of subsec. (h) as amended by Acts 1999, 76th Leg., ch. 1225,
§ 1
(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 General Services Commission under contracts entered into in
accordance with Chapter 2157, Government Code. Before issuing an
invitation for bids, the commission 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 an average daily attendance of 190,000 or more as
determined under Section 42.005 that has formally adopted a
site-based decision-making plan under Subchapter F, Chapter 11,
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).
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1179, § 1, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 881, § 1, eff. June 18, 1999;
Acts 1999, 76th Leg., ch. 922, § 1, eff. June 18, 1999; Acts
1999, 76th Leg., ch. 1225, § 1, eff. Sept. 1, 1999; Acts 2001,
77th Leg., ch. 436, § 7, eff. May 28, 2001; Acts 2001, 77th Leg.,
ch. 1409, § 9, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 201,
§ 38, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 680, § 1,
eff. June 20, 2003; Acts 2005, 79th Leg., ch. 1205, § 2, eff.
Sept. 1, 2005.
Section: 44.0061 44.007 44.0071 44.008 44.009 44.010 44.011 44.031 44.0311 44.0312 44.0315 44.032 44.034 44.035
Last modified: August 11, 2007
|
