\t\r\n\t\t\t\t\t","hadText":true}Sec.\u00A044.031.\u00A0\u00A0PURCHASING CONTRACTS.
Text of subsection effective until September 01, 2025
(a)\u00A0\u00A0Except 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)\u00A0\u00A0competitive bidding for services other than construction services;
(2)\u00A0\u00A0competitive sealed proposals for services other than construction services;
(3)\u00A0\u00A0a request for proposals, for services other than construction services;
(4)\u00A0\u00A0an interlocal contract;
(5)\u00A0\u00A0a method provided by Chapter 2269, Government Code, for construction services;
(6)\u00A0\u00A0the reverse auction procedure as defined by Section 2155.062(d), Government Code; or
(7)\u00A0\u00A0the formation of a political subdivision corporation under Section 304.001, Local Government Code.
(b)\u00A0\u00A0Except as provided by this subchapter, in determining to whom to award a contract, the district shall consider:
(1)\u00A0\u00A0the purchase price;
(2)\u00A0\u00A0the reputation of the vendor and of the vendor's goods or services;
(3)\u00A0\u00A0the quality of the vendor's goods or services;
(4)\u00A0\u00A0the extent to which the goods or services meet the district's needs;
(5)\u00A0\u00A0the vendor's past relationship with the district;
(6)\u00A0\u00A0the impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses;
(7)\u00A0\u00A0the total long-term cost to the district to acquire the vendor's goods or services;
(8)\u00A0\u00A0for 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)\u00A0\u00A0has its principal place of business in this state; or
(B)\u00A0\u00A0employs at least 500 persons in this state; and
(9)\u00A0\u00A0any other relevant factor specifically listed in the request for bids or proposals.
(b-1)\u00A0\u00A0In 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.\u00A0\u00A0This 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)\u00A0\u00A0The state auditor may audit purchases of goods or services by the district.
(d)\u00A0\u00A0The board of trustees of the district may adopt rules and procedures for the acquisition of goods or services.
(e)\u00A0\u00A0To 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)\u00A0\u00A0This section does not apply to a contract for professional services rendered, including services of an architect, attorney, certified public accountant, engineer, or fiscal agent.\u00A0\u00A0A 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)\u00A0\u00A0Notice 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.
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Text of subsec. (h) as amended by Acts 1999, 76th Leg., ch. 922, Sec. 1
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(h)\u00A0\u00A0If 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.
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Text of subsec. (h) as amended by Acts 1999, 76th Leg., ch. 1225, Sec. 1
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(h)\u00A0\u00A0If 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)\u00A0\u00A0A 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 or 2157, Government Code.\u00A0\u00A0Before issuing an invitation for bids, the department shall consult with the agency concerning the computer and computer-related equipment needs of school districts.\u00A0\u00A0To the extent possible the resulting contract shall provide for such needs.
(j)\u00A0\u00A0Without complying with Subsection (a), a school district may purchase an item that is available from only one source, including:
(1)\u00A0\u00A0an item for which competition is precluded because of the existence of a patent, copyright, secret process, or monopoly;
(2)\u00A0\u00A0a film, manuscript, or book;
(3)\u00A0\u00A0a utility service, including electricity, gas, or water; and
(4)\u00A0\u00A0a captive replacement part or component for equipment.
(k)\u00A0\u00A0The 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)\u00A0\u00A0Each 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)\u00A0\u00A0If 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, 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.\u00A0\u00A0A 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).
\r\nAdded by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1179, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 881, Sec. 1, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 922, Sec. 1, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 1225, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 436, Sec. 7, eff. May 28, 2001; Acts 2001, 77th Leg., ch. 1409, Sec. 9, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 201, Sec. 38, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 680, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1205 (H.B. 664), Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 325 (H.B. 2626), Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 449 (H.B. 273), Sec. 4, eff. June 16, 2007.
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 2.02, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1081 (H.B. 2918), Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1266 (H.B. 987), Sec. 1, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.02, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(5), eff. September 1, 2013.
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