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Competitive Bidding And Proposals

Summaries

KP-0234
Ken Paxton

Funds received under Health and Safety Code section 401.244 are public funds|County's continuing oversight of funds disbursed to entity under Health and Safety Code subsection 401.244(b)(2)|Purchases made by nonprofit entity using funds received by County under Health and Safety Code section 401.244

GA-0004
Greg Abbott

Industrial development corporation, whether it is a "governmental entity"|Transfer public land to private party using industrial development corporation as an intermediary, city may not|Governmental entity

GA-0122
Greg Abbott

Forfeited property, an attorney representing the state must administer property forfeited under chapter 59 of the Code of Criminal Procedure consistent with accepted accounting practices and the terms of any local agreement with a law enforcement agency|Forfeited property subject to administration under article 59.06(a) of the Code of Criminal Procedure is state property|Forfeited property, property forfeited under chapter 59 of the Texas Code of Criminal Procedure is generally exempt from ad valorem taxation. If exempt, the attorney representing the state need not apply for an exemption for it to be effective|Forfeited property, property forfeited under chapter 59 of the Code of Criminal Procedure may be leased as proper administration of property under article 59.06(a) of the code, and is not subject to statutory bidding procedures|Forfeited property, attorney representing the state must administer property forfeited under chapter 59 of the Code of Criminal Procedure consistent with accepted accounting practices and the terms of any local agreement with a law enforcement agency|Forfeited property, an attorney representing the state may lease forfeited property only if the lease is consistent with the local agreement and with the attorney's statutory duties to ultimately dispose of property by sale or transfer and distribute any

GA-0247
Greg Abbott

Quantum meruit payments on contract awarded in violation of County Purchasing Act, commissioners court lacks authority to authorize|Ratification, commissioners court lacks authority to ratify contract awarded in violation of County Purchasing Act|County auditor who determines that the county awarded a contract without complying with the County Purchasing Act may not approve a claim for payment on the contract|County Purchasing Act, contract awarded in violation of Act is not void but may be voided by a court|Claims approval, county auditor who determines that the county awarded a contract without complying with the County Purchasing Act may not approve a claim for payment on the contract|Competitive bidding, county auditor who determines that the county awarded a contract without complying with the County Purchasing Act may not approve a claim for payment on the contract

GA-0305
Greg Abbott

Tax increment financing, a city may use a tax increment fund to pay a developer for environmental remediation, renovation, or facade preservation if they are "project costs"|Tax increment financing, a tax increment fund is a municipal fund within the meaning of chapter 252 of the Local Government Code and chapter 252's competitive bidding requirements may apply to expenditures from the tax increment fund; if an expenditure is|Tax increment fund is a public fund subject to article III, section 52|Tax increment fund is a municipal fund within the meaning of chapter 252 of the Local Government Code and chapter 252's competitive bidding requirements may apply to expenditures for the tax increment fund|Reimbursement, if a municipal expenditure is subject to Local Government Code chapter 252, the city would be precluded from reimbursing a person for costs incurred for work not performed pursuant to a competitively bid contract

GA-0378
Greg Abbott

Board of Dental Examiners, to the extent rider to appropriation of, attempts to require competitive bidding on contracts valued at less than $5,000, it violates article III, section 35 of the Texas Constitution|Rider that attempts to require competitive bidding on Dental Board contracts valued at less than $5,000 violates article III, section 35 of the Texas Constitution

GA-0438
Greg Abbott

Purchase printing services without competitive bidding, the boards of regents of The University of Texas System and The Texas A&M University System may adopt a rule that establishes a dollar amount under which a university system may|University systems' board of regents may adopt a rule that establishes a dollar amount under which the university system may purchase printing services without competitive bidding|Printing services without competitive bidding, article XVI, section 21 of the Texas Constitution does not prohibit the boards of regents of The University of Texas System and The Texas A&M University System from adopting a rule that establishes a dollar amount under which the university system may procure|Printing services without competitive bidding, the boards of regents of The University of Texas System and The Texas A&M University System may adopt a rule that establishes a dollar amount under which a university system may procure|Printing services without competitive bidding, the board of regents may establish a dollar amount under which the university system may procure|Open market contract|Under such regulations as may be prescribed by law

GA-0518
Greg Abbott

Delinquent taxes as debt for purpose of statute authorizing a county to adopt competitive bidding rules refusing to contract with or entering into a contract with a person indebted to the county \r\n|Delinquent taxes as debt for purposes of statute precluding disbursement of county funds to person indebted to the county\r\n|Debt

GA-0533
Greg Abbott

Contraband, sale by county|Conditioning sale of gambling contraband on agreement to remove such property to jurisdiction in which the property’s use is not illegal\r\n |Authority of commissioners court to condition sale of seized gambling contraband on bidder’s agreement to remove such property to jurisdiction in which the property’s use is not illegal\r\n\r\n

GA-0604
Greg Abbott

County auditor is not bound by advice or opinion of county attorney regarding the lawfulness of a claim against the county|Phased purchase of concrete slab and pavilion structure, whether purchase violates County Purchasing Act is question of fact

GA-0628
Greg Abbott

County pruchase and resale of construction or other heavy equipment, applicability of competitive bidding statutes

GA-0685
Greg Abbott

Texas bidder, meaning under section 2155.444 of the Government Code|Bidding preference, application of under section 2155.444, Government Code\r\n\r\nBidding preference, remedies when bidder believes inappropriately applied|Texas bidder, meaning under section 2155.444, Government Code\r\n \r\nBidding preference, application of under section 2155.444, Government Code\r\n\r\nBidding preference, remedies when bidder believes inappropriately applied

GA-0705
Greg Abbott

Number of potential suppliers available to sell products to a school district, whether reverse auction company’s procedures impermissibly limit the number is a fact question not appropriately answered by the opinion process|Use of third party reverse auction company to host auctions on school districts’ behalf for purchasing contracts of $10,000 or more is not an improper delegation of authority

GA-0900
Greg Abbott

Catalog purchasing provision of section 2157.0611 of the Government Code, to the extent that it is currently in effect, does not apply to purchases by an independent school district.|Amendment of statute after its repeal, effect of

GA-0998
Greg Abbott

Competitive bidding, as required by Government Code section 2155.063, may not be required for some investment decisions if they do not involve the purchase of or contract for goods or services. Contracts with investment managers and investment service providers will require competitive bidding, as those involve the purchase of or contract for services.

GA-1028
Greg Abbott

Job order contracting method of procurement, authority of Metropolitan Transit Authority of Harris County to use

GA-1081
Greg Abbott

Procurement of service providers for mental health and substance abuse programs administered by the Department of State Health Services|Procurement of service providers for mental health and substance abuse programs administered by a designated local behavioral health authority|Mental health and substance abuse programs, administration of|Procurement of service providers|Department of State Health Services, delegation of authority over mental health and chemical dependency services to a local behavioral health authority

GA-1084
Greg Abbott

Sale of building located on a city street to a private entity

GA-1090
Greg Abbott

Court would likely conclude that Dallas County is not expressly authorized by Labor Code section 62.0515 to require a higher wage as a condition for a contract award under the County Purchasing Act.|Whether the payment of higher wages is definitively and objectively related to the quality of services provided under a specific contract such that it can be included as an evaluation factor on competitive proposals submitted under section 262.030 of the County Purchasing Act requires a factual inquiry and is not a question that can be answered in the opinion process.

DM-0043
Dan Morales

Monorail technology, procurement of transit system employing subject to competitive bidding, however, transit authority board may grant waiver in favor of competitive negotiation if statutorily specific conditions are found

DM-0070
Dan Morales

Excess or surplus insurance coverage, municipality's purchase of is not exempt from competitive bidding requirements|Selection of "sole broker of record," municipality's selection of is not exempt from competitive bidding requirements|Municipality must use competitive bidding to purchase excess or surplus insurance coverage and to select "sole broker of record"

DM-0106
Dan Morales

Exemption from competitive bidding, municipalities may procure services through competitive bidding even if such services qualify for an|Auctioneering services, city may determine whether they are "professional services" exempt from competitive bidding requirements|Exemption, municipalities may procure service through competitive bidding even if such services qualify for an

DM-0113
Dan Morales

Procurement policies, board of trustees of independent school district may not incorporate into its competitive bidding policies specific criteria that are not authorized by statute

DM-0226
Dan Morales

Minority and women-owned businesses, policy to increase county contracts with is not inconsistent with competitive bidding requirements|Minority and women-owned businesses, constitutionality of county policy to increase contracts with depends upon facts such as county's basis for adopting policy

DM-0234
Dan Morales

Code Construction Act rule that when amendments are irreconcilable latest in date of enactment prevails does not apply when legislature has provided specific instructions regarding conflicting bills passed in same session|Minority business enterprises, municipal program to award public contracts to does not create an exemption to competitive bidding|Minority business enterprises, requirements for municipal program to award public contracts to

DM-0242
Dan Morales

Construction work performed by school district employees not subject to competitive bidding statutes|School district may "act as its own general contractor" in letting bids for renovation and remodeling projects

DM-0246
Dan Morales

Prosecutor's forfeiture fund, applicability of County Purchasing Act to purchases made from|Prosecutor's forfeiture fund, commissioners court's duty to initiate competitive bidding process upon receipt of request for and accept bids|Prosecutor's forfeiture fund, applicability of County Purchasing Act to purchases from

DM-0331
Dan Morales

Community development block grant funds, expenditure of subject to state competitive bidding laws|Community development block grant funds, municipality must expend in accordance with state competitive bidding laws|Competitive bidding laws apply to contract with nonprofit corporation for expenditure of municipality's community development block grant funds|Competitive bidding laws apply to expenditure of community development block grant funds

DM-0347
Dan Morales

Insurance, whether school district must competitively bid contract to purchase (Superseded by statute as noted in Tex. Att'y Gen. Op. No. DM-418 (1996))|Competitive bidding requirements, application to purchase of insurance by school district (Superseded by statute as noted in Tex. Att'y Gen. Op. No. DM-418 (1996))

DM-0350
Dan Morales

Automated information systems, purchase by local governments through state catalogue purchasing procedure

DM-0375
Dan Morales

State agencies' acquisition of telecommunications services using catalogue purchase procedure|Telecommunications services, acquisition using catalogue purchase procedure|Catalogue purchase procedure, General Services Commission acquisition of telecommunications services|Telecommunications services, acquisition by General Services Commission using catalogue purchase procedure|Telecommunications services, acquisition by General Services Commission

DM-0387
Dan Morales

Purchasing requirements in section 44.031 of Education Code apply to community, junior, and regional college districts (Superseded by statute as noted in Tex. Att'y Gen. Op. No. JC-0037 (1999))|School district award of construction contract under section 44.031 of Education Code, procedures applicable to (Superseded by statute as noted in Tex. Att'y Gen. Op. No. JC-0037 (1999))|Competitive bidding procedures, school district must follow when awarding construction contract under section 44.031 of Education Code (Superseded by statute as noted in Tex. Att'y Gen. Op. No. JC-0037 (1999))

DM-0418
Dan Morales

Insurance coverage, school district's purchase of; length of contract; aggregation; third-party administration|School district need not competitively bid contract for purchase of insurance, but generally must use one of specified purchasing methods|School district's purchase of, process; length of contract; aggregation; third-party administration

DM-0496
Dan Morales

Catalogue purchasing procedures prevail over Texas Council on Purchasing from People with Disabilities mandatory purchasing program with respect to state agency computer purchases|Community-rehabilitation-program manufactured computers, catalogue purchasing procedures prevail over Texas Council on Purchasing from People with Disabilities mandatory purchasing program with respect to state agency purchases|Computer purchases, catalogue purchasing procedures prevail over Texas Council on Purchasing from People with Disabilities mandatory purchasing program|Computer set-asides, catalogue purchasing procedures prevail over council's mandatory purchasing program with respect to state agency purchases

JC-0037
John Cornyn

School district, interlocal contract executed on behalf of need not be awarded on basis of competitive procurement methods|Purchasing method, for purchases valued at $25,000 or more in the aggregate for a twelve-month period, a school district must select the one that will provide best value|School district, purchasing methods for purchases valued at $25,000 or more in the aggregate for a twelve-month period|School district may select purchasing method, including design/build contract or competitive bidding, that provides best value

JC-0124
John Cornyn

Material specifications for Department of Transportation construction and maintenance contracts may not be limited to particular vendor if other vendors have similar products of equal quality, and may not include requirements that are unrelated to the mat|Material specifications for construction and maintenance contracts may not be limited to particular vendor if other vendors have similar products of equal quality, and may not include requirements that are unrelated to the material's quality or performanc

JC-0136
John Cornyn

Ambulance service, exemption from competitive bidding requirement by commissioners court after it has requested and rejected bids|Ambulance service contract, exemption from competitive bidding requirement by order of commissioners court after it has requested and rejected bids|Rescind or modify orders and decisions, authority of commissioners court to|Exemption of ambulance service contract from competitive bidding requirement by order of commissioners court after it has requested and rejected bids

JC-0149
John Cornyn

Interest earned on motor vehicle inventory tax escrow accounts, purchases from fund not subject to County Purchasing Act|Interest earned on motor vehicle inventory tax escrow accounts may not be used for expenses not related to the administration of the prepayment procedure, but whether and to what extent a particular purchase is a legitimate cost related to administration |Interest earned on motor vehicle inventory tax escrow accounts, county auditor may audit and review expenditures from

JC-0171
John Cornyn

State highway maintenance contract, county lacks authority to submit bid to Texas Transportation Commission for|State highway project that receives federal aid, public agencies barred by regulation from bidding in competition with private contractors on|Federal regulation bars public agencies from bidding in competition with private contractors on state highway project that receives federal aid|State highway maintenance contract, county lacks authority to submit bid on

JC-0205
John Cornyn

Purchase of insurance contracts using designated broker of record|Insurance, whether junior college may purchase using designated broker of record|Designated broker of record, whether junior college district may purchase insurance through

JC-0206
John Cornyn

Local government corporation not subject to competitive bidding requirements applicable to county or city that created it|Local government corporation created by county and funded with county funds not subject to competitive bidding requirements of County Purchasing Act|Local government corporation created by county not subject to competitive bidding requirements of County Purchasing Act

JC-0214
John Cornyn

Officers and equipment allotted to his office, sheriff has discretion to deploy|Vehicles and equipment for sheriff's office, commissioners court rather than sheriff has discretion to set specifications for|Sheriff's office, court may in the exercise of its discretion allot less money for particular function that sheriff desires so long as it does not prevent sheriff from carrying out duties|Vehicle policy requiring county officer to relinquish control of vehicles in use when taking possession of replacement vehicles is reasonable implementation of county's budgetary authority|Sheriff's office, commissioners court may not micro-manage deployment of resources and personnel of

JC-0223
John Cornyn

Notices required by statute to be published in "newspaper of general circulation," governmental entity must evaluate newspaper's content as well as proportion and diversity of subscribership|Newspaper of general circulation, where county required by statute to publish notice in, county must evaluate content as well as proportion and diversity of subscribership|Postal Service Domestic Mail Manual, holder of periodical mailing privileges not entitled to presumption that periodical is newspaper of general circulation|Newspaper of general circulation

JC-0224
John Cornyn

Purchase of "guaranteed program management" services for school building program under Professional Services Procurement Act (Tex. Att'y Gen. Op. No. JM-940 (1988) is superseded by statute)|Guaranteed program management services for school building program, whether school district may procure under Professional Services Procurement Act (Tex. Att'y Gen. Op. No. JM-940 (1988) is superseded by statute)

JC-0230
John Cornyn

Federal cooperative purchasing program whereby U.S. General Services Administration would make federal supply schedules available to state and local governments, effect of repeal on state purchasing provisions|Cooperative purchasing program whereby U.S. General Services Administration would make federal supply schedules available to state and local governments, effect of repeal on state purchasing provisions

JC-0281
John Cornyn

City garbage collection service, exemption from competitive bidding statute for contract with temporary day labor agency to provide day laborers for|Temporary day labor agency to provide day laborers for city garbage collection service, exemption from competitive bidding statute for contract with

JC-0316
John Cornyn

Reverse auction procedure, Commission may not use to purchase goods and services without specific statutory authority|Reverse auction|Reverse auction procedure does not constitute competitive bidding

JC-0319
John Cornyn

Prebid conference, commissioners court is not authorized under County Purchasing Act to require bidders to attend mandatory prebid conference or to refuse to accept or open bids of bidders who fail to attend

JC-0326
John Cornyn

Competitive proposals, statutory requirements regarding do not apply to competitive proposal process authorized by other law|Professional services exempt from competitive bidding, municipality has discretion to determine whether contract is for

JC-0354
John Cornyn

Automatically renew contract for loading and unloading services, navigation district may limit the number of times it will consent to

JC-0521
John Cornyn

Professional Services Procurement Act authorizes a county to require prospective contractors to submit disclosure statements regarding their business relationships with county officers and employees|County contracts, County Purchasing Act and Professional Services Procurement Act authorize county to require prospective contractors to submit disclosure statements regarding their business relationships with county officers and employees|Disclosure statements regarding prospective contractors' business relationships with county officers and employees, County Purchasing Act authorizes county to require|Disclosure statements regarding prospective contractors' business relationships with county officers and employees, County Purchasing Act and Professional Services Procurement Act authorize county to require

JM-1136
Jim Mattox

Carpenter, whether within professional services exception to competitive bidding requirements|County attorney is not "specialized local entity" for purposes of competitive bidding requirements|Carpenter, whether within professional services exception to competitive bidding requirement|Competitive bidding requirements, county attorney is not "specialized local entity" for purposes of|Specialized local entity

JM-1189
Jim Mattox

Design/build contract for construction of public work, commissioners court may not award on basis of competitive bidding where architectural or engineering services are part of contract

JM-1213
Jim Mattox

Security guard contracts, city may not require bidders for to provide health insurance benefits to their employees because the requirement does not relate to the quality of security guard services

JM-1215
Jim Mattox

Prevailing wages, county may not prescribe for contracts other than public works contracts|Prevailing wages, fringe benefits, and English proficiency, county may not specify as conditions for nonpublic works contracts subject to competitive bidding unless directly related to work to be done

JM-1220
Jim Mattox

County Purchasing Act competitive bidding requirements applicable to public works contract for construction of vehicle maintenance building|Public works contract for construction of vehicle maintenance building, County Purchasing Act competitive bidding requirements applicable to

JM-1243
Jim Mattox

Unit-price contract may be subject to statutory competitive-bidding and performance- and payment-bond requirements if unit price multiplied by the estimated amount needed triggers the statutes (Affirms Tex. Att'y Gen. Op. No. JM-1220 (1990))|Unit-price contract may be subject to statutory competitive-bidding requirements if unit price multiplied by estimated quantity triggers the requirements (Affirms Tex. Att'y Gen. Op. No. JM-1220 (1990))|Unit-price contract may be subject to statutory performance- and payment-bond requirements (Affirms Tex. Att'y Gen. Op. No. JM-1220 (1990))|Unit price contract

JM-1248
Jim Mattox

Trade-in|Total cost bidding specifications|Total cost bid specifications, county may not combine purchase and later sale of the same piece of property into one transaction for competitive-bidding purposes

JM-1254
Jim Mattox

Spot purchase of supplies or materials, county may make without competitive bidding when the contractor obligated to meet county's requirements is unable to do so