| (a) General delegation. The purchase of the following
goods and services is delegated to state agencies:
(1) one-time purchases of goods, including goods for
resale, the estimated cost of which does not exceed $50,000;
(2) emergency purchases;
(3) purchases of perishable goods;
(4) purchases of services, including services for resale,
the estimated cost of which does not exceed $100,000;
(5) purchases of publications directly from the publisher;
(6) fuel, oil, and grease purchases;
(7) distributor purchases; and
(8) professional memberships.
(b) Provisions generally applicable to delegated purchases.
(1) Competitive bidding is not required for purchases
of $10,000 or less.
(2) All required solicitations of informal bids must
be directed to vendors which normally offer for sale the goods and
services being purchased.
(3) Items purchased under delegated authority may not
include items available under a term or cooperative contract (unless
purchased in quantities less than minimum ordering quantities of the
contract) or any item required by law to be purchased from a particular
source.
(4) The state agency must solicit formal bids from
all eligible vendors on the centralized master bidders list (CMBL)
when making purchases in excess of $25,000.
(5) The state agency must maintain documentation justifying
a proprietary purchase in excess of $10,000. A solicitation for a
proprietary purchase must indicate that it is proprietary and products
or services other than those specified will not be considered.
(6) An agency's cost estimate must be developed in
good faith using a method that is reasonable under the circumstances.
(c) Withdrawal of delegated purchase authority. The
comptroller will monitor compliance with established procedures for
delegated purchases and may withdraw delegated purchase authority
in whole or part from a state agency for continued violations after
giving adequate warning. The comptroller will report to the governor,
lieutenant governor, speaker of the house of representatives, and
Legislative Budget Board the findings that a state agency has not
followed the comptroller's rules or the laws related to the delegated
purchases.
(d) Provisions applicable to particular delegated purchases.
(1) Goods and services purchases. Purchases of goods
and services may be made in accordance with the following provisions.
(A) State agencies must solicit at least three informal
bids, including at least two bids from historically underutilized
businesses (HUBs), on all purchases of goods and services exceeding
$10,000 and not exceeding $25,000. State agencies must, to the extent
possible, solicit bids from vendors on the CMBL and vendors in the
HUB Directory. If a state agency is unable to locate two HUBs, it
must make a note in the contract file.
(B) For delegated purchases of goods and services estimated
to cost more than $25,000, state agencies shall post a solicitation
or notice of solicitation on the ESBD and, at a minimum, solicit formal
bids from all eligible vendors within the NIGP classes and items designated
for the procurement that are active on the CMBL. See §20.207
of this title (relating to Competitive Sealed Bidding), and §20.208
of this title (relating to Competitive Sealed Proposals).
(2) Emergency purchases. State agencies shall make
emergency purchases in accordance with the following provisions.
(A) At least three informal bids should be obtained
whenever possible.
(B) For an emergency purchase of goods or services
exceeding $25,000, a state agency must retain a full written explanation
of the emergency along with other documentation required by the comptroller
in the contract file.
(C) A state agency may contact the comptroller for
advice and assistance in the handling of emergency purchases.
(3) Perishable goods. Purchases of perishable goods
must be obtained through competitive bids, and appropriate documentation
must be retained in the contract file.
(4) Publications. A state agency may purchase publications
directly from the publisher when such publications are not available
through statewide contract or through competitive bidding. Direct
publication orders shall be made by following guidelines established
by the comptroller. Examples of direct publications include, but are
not limited to:
(A) foreign publications;
(B) out-of-print or rare publications;
(C) back issues of magazines, journals, and newspapers;
(D) publications of professional societies;
(E) prepared films, tapes, and discs (audio, visual,
or both);
(F) computer software;
(G) collections of any of the foregoing items, and
microfilm or microfiche copies of any of the foregoing items; and
(H) Library of Congress cards.
(5) Fuel, oil, and grease. A state agency may make
fuel, oil, and grease purchases at service stations or in bulk. Fuel,
oil, and grease purchases shall be made by following guidelines suggested
by the comptroller. Non-competitive and emergency purchase procedures
apply to purchases at service stations.
(6) Distributor purchases. A state agency may make
distributor purchases by following guidelines established by the comptroller.
A state agency may not purchase any of the following on a distributor
purchase basis: consumable items; labor of any kind (see "service");
"will fit" parts (non-OEM); parts for stock; contract items; electrical
parts for electric motors; electrical switch panel boards; electrical
accessories.
(7) Professional memberships. A state agency may purchase
professional memberships as described in Government Code, §2113.104
directly from a professional organization when such memberships are
not available through competitive bidding, the administrative head
of the agency, or that person's designee, has approved the purchase,
the purchase will serve a public purpose, and the agency will receive
adequate consideration in exchange for the purchase.
(e) Specific delegations.
(1) The authority to grant specific delegations resides
with the director. Upon request of a state agency, the director shall
determine whether to delegate a procurement to a state agency or to
carry out the procurement.
(2) A state agency seeking a specific delegation shall
submit its proposed specifications for goods and services and evaluation
criteria to the division using a procedure specified by the division.
Alternately, a state agency may request for the division to develop
specifications and evaluation criteria.
(3) At a minimum, state agencies granted specific delegations
shall meet the following criteria:
(A) procurement audit standards set forth in §20.510
of this title (relating to Auditing of Purchase Related Documentation);
(B) minimum training and certification standards established
in §20.133 of this title (relating to Training and Certification
Program); and
(C) approved processes and procedures for the specific
type of delegation being requested. All processes and procedures are
subject to the prior review, revision and approval of the director.
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