BUSINESS AND OPERATIONS:  PROFESSIONAL SERVICES                      [LAW]

 

The following provisions apply unless a charter specifies alternative procedures for selecting a provider of professional services, and those procedures are approved by the State Board of Education.

 

Tex. Educ. Code § 12.1053(a); 19 Tex. Admin. Code § 100.1205(a).

 

1.         Definitions

 

A.        “Professional services,” as used in this policy, means services:

 

(1)        Within the scope of the practice, as defined by state law, of:

 

(a)        Accounting;

 

(b)        Architecture;

 

(c)        Landscape architecture;

 

(d)        Land surveying;

 

(e)        Medicine;

 

(f)         Optometry;

 

(g)        Professional engineering;

 

(h)        Real estate appraising; or

 

(i)         Professional nursing; or

 

(2)        Provided in connection with the professional employment or practice of a person who is licensed or registered as:

 

(a)        A certified public accountant;

 

(b)        An architect;

 

(c)        A landscape architect;

 

(d)        A land surveyor;

 

(e)        A physician, including a surgeon;

 

(f)         An optometrist;

 

(g)        A professional engineer;

 

(h)        A state certified or state licensed real estate appraiser; or

 

(i)         A registered nurse.

 

Tex. Gov’t Code § 2254.002(2); 19 Tex. Admin. Code § 100.1205(c).

 

2.         Selection of Provider

 

The school may not select a provider of professional services, or a group or association of providers, or award a contract for services on the basis of competitive bids submitted for a contract or for services, but shall make the selection and award:

 

A.        On the basis of demonstrated competence and qualifications to perform the services; and

 

B.         For a fair and reasonable price.

 

                        Tex. Gov’t Code § 2254.003(a).

 

3.         Fees

 

Professional fees under a contract:

 

A.        Must be consistent with, and not higher than the recommended practices and fees published by the applicable professional associations; and

 

B.         May not exceed any maximum provided by law.

 

                        Tex. Gov’t Code § 2254.003(b).

 

4.         Award of Certain Contracts

 

A.        Most Highly Qualified Provider

 

In procuring architectural, engineering, or land surveying services, the school shall:

 

(1)        First select the most highly qualified provider of those services on the basis of demonstrated competence and qualifications; and  

 

(2)        Then attempt to negotiate with that provider a contract at a fair and reasonable price.

 

B.         Next Most Highly Qualified

 

If a satisfactory contract cannot be negotiated with the most highly qualified provider, the school shall:

 

(1)        Formally end negotiations with that provider;

 

(2)        Select the next most highly qualified provider; and

 

(3)        Attempt to negotiate a contract with that provider at a fair and reasonable price.

 

C.        Subsequent Negotiations

 

The school shall continue the process described in subparagraph (B) above, to select and negotiate with providers, until a contract is entered into.

 

                        Tex. Gov’t Code § 2254.004.

 

5.         Void Contract

 

A contract entered into, or an arrangement made in violation of this policy is void.

 

Tex. Gov’t Code § 2254.005.