[Insert local procedures.] Professional Services Contracts In accordance with TEC 44.031(f), the procurement methods listed in TEC 44.031(a) do not apply to contract for professional services rendered, including services of an architect, attorney, “a certified public accountant, engineer, or fiscal agent. An LEA contract for may, at its option, professional services rendered by a financial consultant or a technology consultant in the manner provided by Government Code 2254.003, in lieu the procurement methods provided in TEC of” 44.031(a). In accordance with Government Code 2254.003, a governmental entity select may not 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: (1) on the basis of demonstrated competence and qualifications to perform the services; and (2) for a fair and reasonable price. The professional fees under the contract may not exceed any maximum provided by law. Whereas Government Code 2254.002 defines professional services within the scope of the practice of (i) accounting; (ii) architecture; (iii) landscape architecture; (iv) land surveying; (vi) optometry; (vii) professional engineering; or (ix) professional nursing, attorneys general opinions have held that the term professional services may encompass more than the services of physicians, attorneys or others traditionally regarded as professional and may include of disciplines requiring “members special knowledge or attainment and a high order of learning, skill and intelligence. [Texas Comptroller of Public Purchasing Manual for Texas Cities and Counties Account’s “Model 2010”, no longer accessible on the website.] Comptroller’s The LEA follows the requirements of Government Code 2254 (known as the Professional Services Procurement Act) for all professional services contracts, using procedures competitive proposal rather than competitive bidding. When procuring architectural, engineering, or land surveying services, the LEA complies with the requirements of Government Code 2254.004. Local procedures for contracting professional services [Insert your local procedure for using the competitive proposal method when obtaining contracted professional services.] Refer to the Sealed Proposals/Request for Proposals section under the “Competitive Process” heading of Purchasing section of this manual and the Guidance and Best “The Process” “TEA Practices for Professional Services section of this manual for additional local Contracts” procedures.
[Insert local procedures.] Professional Services Contracts In accordance with TEC 44.031(f), the procurement methods listed in TEC 44.031(a) do not apply to “a contract for professional services rendered, including services of an architect, attorney, certified public accountant, engineer, or fiscal agent. An LEA 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 procurement methods provided in TEC 44.031(a). In accordance with Government Code 2254.003, a governmental entity 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: (1) on the basis of demonstrated competence and qualifications to perform the services; and (2) for a fair and reasonable price. The professional fees under the contract may not exceed any maximum provided by law. Whereas Government Code 2254.002 defines professional services within the scope of the practice of (i) accounting; (ii) architecture; (iii) landscape architecture; (iv) land surveying; (vi) optometry; (vii) professional engineering; or (ix) professional nursing, attorneys general opinions have held that the term professional services may encompass more than the services of physicians, attorneys or others traditionally regarded as professional and may include “members of disciplines requiring special knowledge or attainment and a high order of learning, skill and intelligence. [Texas Comptroller of Public Account’s “Model Purchasing Manual for Texas Cities and Counties 2010”, no longer accessible on the Comptroller’s website.] The LEA follows the requirements of Government Code 2254 (known as the Professional Services Procurement Act) for all professional services contracts, using competitive proposal procedures rather than competitive bidding. When procuring architectural, engineering, or land surveying services, the LEA complies with the requirements of Government Code 2254.004. Local procedures for contracting professional services [Insert your local procedure for using the competitive proposal method when obtaining contracted professional services.] Refer to the “Competitive Sealed Proposals/Request for Proposals Process” section under the heading of “The Purchasing Process” section of this manual and the “TEA Guidance and Best Practices for Professional Services Contracts” section of this manual for additional local procedures.
Procurement-Template-2017Aug.docx