SECTION ONE: PROCUREMENT METHODS
1.01 Procurement Methods
The College District may contract or agree with another local government, the state or a state agency, including the State Purchasing and General Services Commission, to perform governmental functions and services. Requirements for interlocal contracts include:
- Authorization by the governing body of each party to the contract,
- Statement of the purpose, terms, rights and duties of the Contracting parties, and
- Specifications that each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. Design/build is a method of project delivery in which the school district contracts with a single entity to take responsibility for both the design and construction of a project. The use of a design/build contract must be through a request for proposals or similar competitive methodology for selection of the vendor to provide the facility and/or financing.
SECTION TWO: INSTITUTIONAL LIMITS
2.01 Institutional Purchasing Limits
Except as specifically noted in Angelina College Policy and Procedure CF (Local), the following guidelines apply to all rentals, leases, purchases, lease-purchases and contracts:
- Purchases costing from $0 to $9,999 shall require no verbal or written quotes. However, all purchases should be made from the lowest responsible vendor. Purchasers are encouraged to obtain a minimum of three comparable quotes.
- Purchases costing from $10,000 to $49,999 shall require competitive written quotes solicited from at least three vendors.
- Purchases costing $50,000 or more must use either formal sealed request for quotation (RFQ), formal sealed request for proposal (RFP), Interlocal Agreement or Sole Source. At least three vendors must be solicited, a formal bid opening conducted, and statutorily required advertising performed.
- All purchases costing $50,000 or more require approval by the Board.
- If originally bid, change orders greater than 25 percent of the total cost must be bid. Change orders greater than $50,000 require subsequent Board action.
2.02 Emergency Purchases
In case of emergency purchases where the cost is $50,000 or more, the Vice President of Business Affairs must be notified, in writing, by the department requesting the purchase. The College President and the Board finance committee shall consider, and if appropriate, approve any emergency purchase over $50,000. Approval will be granted only if the purchase is necessary to conduct classes or other essential school activities.
2.03 Subsequent Purchases
If not provided for in the original bid contract, subsequent purchases of $50,000 or more are to be treated as separate contracts and must also be bid. Such purchases cannot be made from the same vendor, even at the same bid price(s), without competitive bids.
2.04 Split Purchases
Purchases that would be considered one project under normal purchasing practices, such as paving contiguous parking lots surrounding buildings at a campus, may not be split. The competitive bidding law applies to the aggregate purchase. Bidding requirements may not be circumvented by purchasing related items, or equivalent items from separate vendors, under separate purchase orders (component parts) that cannot serve in and of themselves the purpose and function for which the purchase is being made. Separate, sequential and component purchases are illegal.
2.05 Sole Source Purchases
Purchases may be exempt from competitive procurement if they meet established criteria for a sole source purchase. Documentation must be obtained from the vendor which identifies the item or product to be purchased, and confirms that competition in providing the item or product is precluded by the existence of a patent, copyright, secret process, or monopoly.
2.06 Exceptions from Competitive Bidding
The following purchases are exempted from competitive bidding requirements.
- Purchases of produce and motor fuel.
- Purchases from the State Bid Contract of the General Services Commission.
- Purchases from the Texas Department of Corrections.
- Purchases from the Texas Industries for the Blind and Handicapped.
- Purchases through cooperative bidding pools under inter-local agreements, wherein the administrator for the cooperative is responsible for complying with competitive bidding statutes.
- Emergency purchases necessary to repair or replace damaged equipment that is destroyed or severely damaged, because the time delay imposed by the competitive bidding process would prevent or substantially impair the conduct of classes or other essential school activities.
- Items available from only one source, in compliance with the State’s sole source purchasing regulations..
- Professional services rendered, including services of an architect, attorney, certified public accountant, engineer, or fiscal agent. Additionally, the College may, at its option, contract for professional services rendered by a financial consultant or a technology consultant in the manner provided by Texas Government Code Section 2254.003, in lieu of the methods provided by this section.
2.07 Rejection of Bids
The Board may reject any and all bids, reject all bids and readvertise for any reason, or reject all bids and decide not to rebid.
SECTION THREE: CONTRACT AWARD
3.01 Awarding a Contract to Other than the Low Bidder
There is no requirement that a contract for personal property be awarded to the lowest bidder; however, a decision to award a contract to a bidder other than the lowest bidder should reflect the exercise of sound discretion by the district. Texas Education Code 44.031 states that in determining contract awards to vendors, the College District may consider:
- Purchase price.
- The reputation of the vendor and of the vendor’s goods and services.
- The quality of the vendor’s goods and services.
- The extent to which the goods or services meet the college district’s needs.
- The vendor’s past relationship with the college district.
- The impact on the ability of the college district to comply with laws relating to historically underutilized businesses.
- The total long-term cost to the college district to acquire the goods or services.
- Any other relevant factor specifically listed in the request for bids or proposals.
SECTION FOUR: CONTRACTED SERVICES
4.01 Contracted Services
The College District may contract with certain individuals to perform services, on an “as needed” basis. The College District provides no training to these individuals to enable them to perform their function in a particular method or manner. Their services are not an integral part of the College District’s operations. Work is performed on a part time, nonrecurring basis.
Independent contractors are paid by the job, although disbursements may be split at the convenience of the College District. Contractors do not perform services exclusively for the College District. Contractors are not subject to dismissal for reasons other than nonperformance of contract Specifications.Termination of their relationship with the College District prior to completion of contract requirements may subject independent contractors to a penalty.
The College District’s relationship with an independent contractor is governed by the contract signed by both parties. Disbursements exceeding $600 in any calendar year shall be reported to the contractor and the Internal Revenue Service according to information provided by the contractor on the W-9 form.
All contracts must be approved in advance by the College District President or Vice President of Business Affairs, or the appropriate dean as applicable.
SECTION FIVE: ETHICAL STANDARDS
5.01 Ethical Standards
College District officials and employees cannot accept anything of value from a vendor, such as personal gifts or gratuities, which may be construed to have been given to influence the purchasing process.
If a Board member or member of their immediate family has a financial interest in a business entity(s), they are required to disclose this relationship through the execution of an affidavit. Board members should abstain from voting on award of contracts to businesses in which they or their immediate family members have a financial interest.
An employee may not participate directly or indirectly in a procurement when the employee knows that:
- The employee or any member of the employee’s immediate family a financial interest pertaining to the procurement;
- A business or organization in which the employee, or any member of the employee’s immediate family, has a financial interest pertaining to the procurement; or
- Any other person, business or organization with whom the employee or any member of the employee’s immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement.
Adopted Oct. 2018