DEFINITIONS
For purposes of this policy:
- “Professional Services” means services within the scope of the practice, as defined by state law, of: accounting; architecture; landscape architecture; land surveying; medicine; optometry; real estate appraising; professional engineering; or professional nursing; or provided in connection with the professional employment or practice of a person who is licensed or registered as: a certified public accountant; an architect; a landscape architect; a land surveyor; a physician, including a surgeon; an optometrist; a professional engineer; a state certified or state licensed real estate appraiser; or a registered nurse.Gov’t Code 2254.002
- “Consulting Services” means the service of studying or advising a state agency under a contract that does not involve the traditional relationship of employer and employee.Gov’t Code 2254.021(1)
- “Major Consulting Service” means a consulting services contract for which it is reasonably foreseeable that the value of the contract will exceed $15,000.00.Gov’t Code 2254.021(2)
- “Other Services” means the furnishing of skilled or unskilled labor or professional work but does not include “professional services” or “consulting services”.Gov’t Code 2155.001(2)
APPROVAL FOR AND INFORMATION ABOUT PROFESSIONAL, CONSULTING, AND MAJOR CONSULTING SERVICES
The Board shall approve all professional services and consulting services contracts when the contract cost exceeds $10,000.
In the judgment of the Superintendent, if a consulting or professional services contract that exceeds $10,000 is needed prior to the next regularly scheduled Board meeting when the Board would otherwise approve the contract, the Board delegates to the Superintendent authority to enter into a contract. In those instances where time constraints do not allow prior approval, the Superintendent will present information about the contract to the Board at the first regularly scheduled meeting of the Board.
Information concerning all contracts for greater than $600 but equal to or less than $10,000 shall be provided to the Board without the requirement of Board approval.
APPROVAL FOR AND INFORMATION ABOUT OTHER SERVICES CONTRACTS
The Superintendent or designee shall approve all contracts for other services and shall present to the Board any information about these contracts that the Board so requests.
CONTRACTING FOR PROFESSIONAL SERVICES
The Superintendent may not select a provider of professional services or a group or association of providers or award a contract for the services on the basis of competitive bids submitted for the contract or for the services, but shall make the selection and award:
- on the basis of demonstrated competence and qualifications to perform the services and
- for a fair and reasonable price.
The professional fees under the contract:
- must be consistent with and not higher than the recommended practices and fees published by the applicable professional associations; and
- may not exceed any maximum provided by law.
Gov’t Code 2254.003
CONTRACTING FOR CONSULTING SERVICES
The School may contract with a consultant only if there is a substantial need for the consulting services; and the School cannot adequately perform the services with its own personnel or obtain the consulting services through a contract with another state agency.
Gov’t Code 2254.026
In selecting a consultant, the Superintendent shall base the choice on demonstrated competence, knowledge, and qualifications and reasonableness of the proposed fee for the services; and if other considerations are equal, give preference to a consultant whose principal place of business is in the state or who will manage the consulting contract from an office in the state.
Gov’t Code 2254.027
The School shall comply with the provisions of Texas Government Code, Chapter 2254 in procuring consulting services.
CONTRACTING FOR MAJOR CONSULTING SERVICES
Before entering into a major consulting services contract, the School shall notify the Legislative Budget Board and the Governor’s Office of Budget and Planning that the School intends to contract with a consultant; give information to the Legislative Budget Board and the Governor’s Office of Budget and Planning to demonstrate that the School has complied or will comply with Gov’t Code 2254.026 and 2254.027; and obtain a finding of fact from the Governor’s Office of Budget and Planning that consulting services are necessary.
Gov’t Code 2254.028
CONTRACTING FOR OTHER SERVICES
The School shall comply with the provisions of Government Code Chapter 2155 in procuring other services.
Adopted: 6/9/78
Amended: 7/13/79, 11/9/79, 3/7/80, 9/11/81, 1/14/83, 7/17/87, 1/29/93, 11/14/97, 11/22/02
Reviewed: