Texas Education Code - Section 51.9335. Acquisition Of Goods And Services
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§ 51.9335. ACQUISITION OF GOODS AND SERVICES. (a) An
institution of higher education may acquire goods or services by
the method that provides the best value to the institution,
including:
(1) competitive bidding;
(2) competitive sealed proposals;
(3) a catalogue purchase;
(4) a group purchasing program; or
(5) an open market contract.
(b) In determining what is the best value to an institution
of higher education, the institution 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
institution's needs;
(5) the vendor's past relationship with the
institution;
(6) the impact on the ability of the institution to
comply with laws and rules relating to historically underutilized
businesses and to the procurement of goods and services from
persons with disabilities;
(7) the total long-term cost to the institution of
acquiring the vendor's goods or services;
(8) any other relevant factor that a private business
entity would consider in selecting a vendor; and
(9) the use of material in construction or repair to
real property that is not proprietary to a single vendor unless the
institution provides written justification in the request for bids
for use of the unique material specified.
(c) The state auditor may audit purchases of goods or
services by an institution of higher education or by a component of
an institution of higher education that purchases goods and
services.
(d) To the extent of any conflict, this section prevails
over any other law, including Chapters 2155, 2156, 2157, 2158,
2167, and 2170, Government Code, except a law or rule relating to
contracting with historically underutilized businesses or relating
to the procurement of goods and services from persons with
disabilities. An institution of higher education may, but is not
required to, acquire goods or services as provided by Chapters
2155, 2156, 2157, 2158, 2167, and 2170, Government Code.
(e) In this section, "institution of higher education" has
the meaning assigned by Section 61.003 and includes a school of
veterinary medicine and a health care facility operated by a
medical and dental unit, except that the term does not include The
University of Texas M. D. Anderson Cancer Center or a public junior
college.
(f) This section does not apply to professional services as
defined by Section 2254.002, Government Code.
Added by Acts 1995, 74th Leg., ch. 736, § 1, eff. June 15, 1995.
Renumbered from V.T.C.A., Education Code § 51.933 by Acts 1997,
75th Leg., ch. 165, § 31.01(21), eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 334, § 1, eff. May 29, 1999; Acts 1999,
76th Leg., ch. 1225, § 17, eff. Sept. 1, 1999; Acts 2001, 77th
Leg., ch. 118, § 1.01, eff. Sept. 1, 2001.
Section: 51.928 51.929 51.930 51.931 51.932 51.9325 51.933 51.9335 51.934 51.935 51.9355 51.936 51.937 51.940 51.941
Last modified: August 10, 2007
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