COMPTROLLER OF PUBLIC ACCOUNTS RESPONSIBILITY
The Texas Comptroller of Public Accounts (CPA) is responsible for acquiring by purchase, lease, rental, or another manner, all goods and services for the School. Gov’t Code 2155.061, 2155.0011
The CPA may delegate purchasing authority to the School. Gov’t Code 2155.131
GENERAL PURCHASING AUTHORITY
TSBVI, as an agency of the State of the Texas, is required to follow all purchasing rules and regulations of the CPA’s Statewide Procurement Division (SPD) for the purchase of all supplies, materials, services, and equipment.
PURCHASING GOODS AND SERVICES
The Superintendent shall ensure that the School’s purchase of all goods and services is in accordance with rules issued by the CPA.
Required Contract Provisions
TSBVI may not enter into a contract with a company for goods and services unless the contract contains a written verification from the company that it does not boycott Israel and will not during the term of the contract as required by Gov’t Code 2270.002. This requirement applies only to a contract that:
- is between TSBVI and a company with ten or more full-time employees; and
- has a value of $100,000 or more that is to be paid wholly or partly from TSBVI’s public funds.
Gov’t Code 2271.002
“Company” has the meaning assigned by Government Code 808.001, except that the term does not include a sole proprietorship. Gov’t Code 2271.001(2)
PROCEDURES REQUIRED
The Superintendent shall ensure that the School develops procedures to implement the rules prescribed by the CPA for both non-delegated and delegated purchases. Gov’t Code Chapters 2155, 2156, 2157, 2158
Procedures shall include the use of Historically Underutilized Businesses (HUB), the purchase of Automated Information System Purchases, and Purchases of Goods and Services with Federal Grants. Reference TSBVI Purchasing Procedure B.2.1.
HISTORICALLY UNDERUTILIZED BUSINESSES
Procedures shall include the use of Historically Underutilized Businesses (HUB), to purchase Automated Information Systems, and purchases of goods and services with Federal Grants.
The School shall make a good faith effort to increase the contract awards for the purchases of goods or services that the School expects to make during a fiscal year to historically underutilized businesses based on rules adopted by the Texas Procurement and Support Services (TPASS) to implement the disparity study described by Section 2161.002 (c) of the Texas Government Code.
Gov’t Code 2161.181
ETHICAL STANDARDS
When acting under authority delegated from the CPA’s Statewide Procurement Division (SPD), TSBVI employees must comply with the following ethical standards of conduct:
A TSBVI employee may not:
- participate in work on a TSBVI contract knowing that the employee, or member of their immediate family has an actual or potential financial interest in the contract, including prospective employment;
- solicit or accept anything of value from an actual or potential vendor;
- be employed by, or agree to work for, a vendor or potential vendor;
- knowingly disclose confidential information for personal gain.
For purposes of 1 through 4, above:
- “Participated” means to have taken action as an employee through decision, approval, disapproval, recommendation, giving advice, investigation, or similar action.
- “Particular matter” means a specific investigation, application, request for a ruling or determination, rulemaking proceeding, contract, claim, charge, or other proceeding.
A vendor or potential vendor may not offer, give, or agree to give a State employee anything of value. The TSBVI Procurement Office practices a zero gift acceptance policy regarding all vendors. See Policy CHE
When an actual or potential violation of numbers 1 through 4, above, is discovered, the person involved shall promptly file a written statement concerning the matter with an appropriate supervisor. The person may also request written instructions and disposition of the matter.
If an actual violation of numbers 1 through 4, above, of this section occurs or is not disclosed and remedied, the employee involved may be either reprimanded, suspended, or dismissed. The vendor or potential vendor may have a pending bid or proposal rejected, be barred from receiving future contracts and/or have an existing contract canceled.
1 TAC 111.4
ADMINISTRATOR RESPONSIBILITY
The Superintendent is responsible for ensuring that all School administrators and employees comply with the rules of the CPA, SPD, and the School in purchasing goods and services.
School administrators with budgets are responsible to ensure that all purchases incurred by their department(s) are made in accordance with the Comptroller’s procurement guidelines-SPD, governing state statutes, federal codes and regulations, and TSBVI procedures. This includes the use of state issued payment cards. 34 TAC 5.67 For purchases with federal grant monies, see below and Policy CBB.
EXEMPTION OF GOODS OR SERVICES OF BLIND OR VISUALLY IMPAIRED PERSONS
The competitive bidding provisions of Government Code 2155 do not apply to a state purchase of goods or services that:
- are made or provided by blind or visually impaired persons;
- are offered for sale to the School through efforts made under law by the Texas Council on Purchasing from People with Disabilities;
- meet state specifications for quantity, quality, delivery, and life cycle costs; and
- cost not more than the fair market price of similar items.
Gov’t Code 2155.138
AUTOMATED INFORMATION SYSTEM PURCHASES
TSBVI shall purchase automated information systems through the catalog procedure provided by Chapter 2157 of the Texas Government Code unless the School determines that the best value may be obtained through another authorized purchase method.
Gov’t Code 2157.061
PURCHASES OF GOODS AND SERVICES WITH FEDERAL GRANTS
The following provisions apply to purchases of goods and services with a value of $5,000 or more from a sole source when using funds from federal grants. Non-competitive procurements from a sole source or only known source may be purchased with federal grant funds only when one or more of the following circumstances apply:
- The item is available only from a single source.
- A public exigency or emergency for the required purchase will not permit a delay resulting from competitive solicitation.
- The U.S. Dept. of Education or the Texas Education Agency expressly authorizes noncompetitive proposals in response to a written request from the School.
- After solicitation of a number of sources, competition is determined inadequate.
2 CFR 200.320
Adopted: 11/13/81
Amended: 5/27/93, 8/26/94, 5/23/97, 9/24/99, 3/26/02, 11/16/07, 4/9/10, 1/25/19, 4/9/21
Reviewed: 6/3/15