SECTION CE


BUSINESS AND SUPPORT SERVICES
PURCHASING AND ACQUISITIONS

Policy


PURCHASING AND ACQUISITIONS


It is the policy of the Board of Trustees and the responsibility of the District President of the College to comply with all statutory requirements relating to contracts for the acquisition of real and personal property, services, and for the construction, maintenance and repair of any facility.

Education Code Chapter 44, Subchapter B, Government Code Chapters 2155.062, 2253.021, 2269, and others apply to junior college districts. Procurement personnel will ensure adherence to applicable state laws and regulations.

Education Code Chapter 44, Chapter B does not apply to a purchase, acquisition, or license of library goods and services for a library operated as part of a junior college district.


PURCHASING METHODS


The College will follow all applicable purchasing laws and regulations of the State of Texas.

All College purchasing and acquisitions contracts, 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 approved methods.

Except as provided by Education Code Chapter 44, Subchapter B, 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 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.

The purchasing requirements of Education Code 44.031 do not apply to a contract for professional services rendered, including services of an architect, attorney, certified public accountant, engineer, or fiscal agent.

The college district may, at its option, contract for professional services rendered by a financial consultant or a technology consultant in the manner provided by Government Code 2254.003, in lieu of the methods provided by Education Code 44.031.

All college district contracts for the purchase of goods and services valued at $50,000 or more in the aggregate for each 12-month period, shall be made by the procurement method that provides the best value for the district. Three formal written quotes are required for purchases between $10,000 and $50,000. Formal bidding procedures are not required for purchases of less than $10,000. The College reserves the right to reject any and all bids.

If the College proposes to enter into a contract for the acquisition of real property or improvements to real property by lease or purchase, it shall follow state law related to the lease of purchase of real property.


CONSTRUCTION


The Board of Trustees when considering a construction contract using a method authorized by Government Code Chapter 2269 other than competitive bidding must, before advertising, determine which method provides the best value for the governmental entity.

For construction contracts valued at or above $50,000, the District President shall submit the successful proposer or bidder and the dollar amount of the contract to the Board for approval. Lesser expenditures for construction and construction-related materials or services shall be at the discretion of the District President and consistent with law and policy.

In determining best value for the college, the college is not restricted to considering price alone, but may consider any other factor provided for in Government Code 2269.055. The College shall publish in the request for proposals or qualifications the criteria that will be used to evaluate the offerors and the applicable weighted value for each criterion.

The College may enter into a partnership with a private entity for the acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, operation, implementation, and installation of education facilities, technology and other public infrastructure, and government facilities that serve a public need and purpose in accordance with the requirements of Government Code Chapter 2267.


EXCEPTIONS


Exceptions to the bidding procedures will be in accordance with statutory authority and must be approved by the District President.


REQUIRED DISCLOSURES


The College may not enter into a contract with a business entity that requires an action or vote by the governing body of the entity or agency before the contract may be signed or has a value of at least $1 million, with certain exceptions, unless the business entity submits a disclosure of interested parties to the college at the time the business entity submits the signed contract to the college.

Before the College district may award a major contract, a contract that has a value of at least $1 million, for the purchase of goods or services to a business entity, each of the college’s purchasing personnel working on the contract must disclose in writing to the Vice President of Finance and Administration any relationship the purchasing personnel is aware about that the employee has with an employee, a partner, a major stockholder, a paid consultant with a contract with the business entity the value of which exceeds $25,000, or other owner of the business entity who is within a degree described by Government Code 573.002, the third degree by consanguinity or within the second degree by affinity of the purchasing employee.

“Purchasing personnel” means any employee of the college who makes decisions on behalf of the college or recommendations regarding contract terms or conditions on a major contract, who is to be awarded a major contract, preparation of a solicitation for a major contract, or evaluation of a bid or proposal.

The College may not enter into a governmental contract for construction, improvements, services, public works or the purchase of supplies, materials, or equipment (including professional or consulting service) with a company that is identified on a list prepared and maintained by the Texas Comptroller.

The College may  not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it does not boycott Israel and will not boycott Israel during the term of the contract.


Date Issued: January 22, 2015

Updated: May 26, 2016, August 29, 2019