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CF LOCAL

PURCHASING AND ACQUISITION


SECTION ONE: PROCUREMENT METHODS

1.01 General Policy
The Board seeks to accept the lowest responsible bid that represents the best value for the College after considering all legal permissible factors in awarding a contract. In determining the best value, the College will act faithfully and exercise its best judgement to serve the interests of the College and will always exercise its honest discretion in seeking to accomplish the objective sought. The College will strictly comply with all laws governing the purchase of goods and services. Bids determined to be unsatisfactory may be rejected by administrative or Board action as appropriate. 

1.02 Purchasing Authority

The Board delegates to the President or designee the authority to make budgeted purchases for goods and services. Purchases that require an amendment to the budget will be taken to the Board for consideration in advance of the purchase, except those purchases as authorized by the Boards grant of emergency authority. 

1.03 Purchasing Procedures

The Business Office will develop purchasing procedures to implement the requirement of the state and federal laws.  

1.04     Procurement Methods

The Board delegates to the President or designee the authority to determine the method of purchasing in accordance with state and federal law.

1.05     Purchase Commitments

All purchase commitments will be made by the President or Designee through purchase order, contract, procurement card, or check request, subject to budget availability and in accordance with administrative procedures.

1.06     Responsibility for Debts

The College will be responsible for debts incurred in the name of the College so long as those debts are for purchases made in accordance with adopted budget, state law, Board policy, and current College administrative procedures. Persons making unauthorized purchases will assume full responsibility for all such debts. 

SECTION TWO: INSTITUTIONAL LIMITS

2.01 Institutional Purchasing Limits within a Fiscal Year
The Board delegates to the President or designee the authority to determine the method of purchasing in accordance with state and federal law. 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:

  1. Purchases costing from $0 to $24,999 shall require no verbal or written quotes. However, all purchases should be made from the vendor providing the best value to the College. 

  2. Purchases costing from $25,000 to $99,999 shall require competitive written quotes solicited from at least three vendors.

  3. Purchases costing $100,000 and above require formal competitive procurement procedures and Board approval.

  4. If originally bid, change orders greater than 25 percent of the total cost must be bid.

2.02 Competitive Bidding
If competitive bidding is chosen as the procurement method, the requesting Department will work with Purchasing Personnel to prepare bid specifications for items/services to be purchased. Bids may be submitted electronically or in sealed envelopes prior to the close date and time as indicated in the invitation to bid. Bidders may view the bid tabulation electronically after the invitation to bid is unsealed or may attend a public bid opening in the College’s purchasing office. Any bid may be withdrawn prior to the scheduled date and time for closing. Bids received after the specified time will not be considered. No material changes may be made to a bid once it is submitted.

The College may reject any or all bids and waive technicalities or informalities in the solicitation process as deemed to be in the best interest of the College.

2.03 Proposals

If competitive sealed proposals are chosen as the purchasing method, the requesting Department will work with Purchasing Personnel to prepare the request for proposals and/or specifications for items/services to be purchased. Proposals may be submitted electronically or in sealed envelopes prior to the close date and time as indicated in the request for proposal. Proposals received after the specified time will not be considered. The name of all proposers submitting proposals will be available online at the time that the request for proposal is unsealed, or proposers may attend a public proposal opening to hear the name of those companies submitting proposals. Proposals may be withdrawn prior to the scheduled time for closing. Changes in the content of a proposal, and in prices, may be negotiated after proposals are opened.

The College may reject any or all proposals and waive technicalities or informalities in the solicitation process as deemed to be in the best interest of the College.

2.04 Electronic Bids or Proposals

Bids or proposals that the College accepts through electronic transmission will be administered in accordance with Board-adopted rules. Such rules will safeguard the integrity of the competitive procurement process; ensure the identification, security, and confidentiality of electronic bids or proposals; and ensure that the electronic bids or proposals remain effectively unopened until the proper time.

2.05 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.

2.06 Exceptions from Competitive Bidding

The following purchases are exempted from competitive bidding requirements:

1. Purchases of produce and motor fuel.

2. Purchases from the State Bid Contract of the General Services Commission.

3. Purchases from the Texas Department of Corrections.

4. Purchases from the Texas Industries for the Blind and Handicapped.

5. Purchases through cooperative bidding pools under inter-local agreements, wherein the administrator for the cooperative is responsible for complying with competitive bidding statutes.

6. 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.

7. Items available from only one source, in compliance with the State’s sole source purchasing regulations.

8. 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 Emergency Purchases

In case of emergency purchases where the cost is $100,000 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 $100,000.  Approval will be granted only if the purchase is necessary to conduct classes or other essential school activities.

2.08 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.

2.09 Subsequent Purchases
If not provided for in the original bid contract, subsequent purchases of $100,000 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.

2.10 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.

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:

1. Purchase price.

2. The reputation of the vendor and of the vendor’s goods and services.

3. The quality of the vendor’s goods and services.

4. The extent to which the goods or services meet the college district’s needs.

5. The vendor’s past relationship with the college district.

6. The impact on the ability of the college district to comply with laws relating to historically underutilized businesses.

7. The total long-term cost to the college district to acquire the goods or services.

8.         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:

1. The employee or any member of the employee’s immediate family a financial interest pertaining to the procurement;

2. 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

3. 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.

SECTION SIX: CONTRACT WITH ANOTHER AGENCY

6.01 Relationships with Governmental Agencies and Authorities

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:

1. Authorization by the governing body of each party to the contract,

2. Statement of the purpose, terms, rights, and duties of the Contracting parties, and

3. 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.

The Vice President of Business Affairs is responsible for reviewing and updating this policy. Policy reviews are made in accordance with the Office of Institutional Effectiveness Policy Tracking document.

Adopted: 03/2005

Revised: 04/2026