KEY QUESTION: Are there exemptions to the competitive bidding requirements during a disaster?
MAIN REFERENCE POINT:
Texas Local Government Code, Purchasing and Contracting Authority of Counties, Chapter 262, Section 262.024
- State law requires that public entities engage in competitive bidding.
- Sealed bids or proposals are required for purchases over $50,000.
- According to the statute, “A contract for the purchase of any of the following items is exempt from the requirement established by Section 023 (competitive bidding) if the Commissioners Court by order grants the exemption…”
- an item that must be purchased in a case of public calamity if it is necessary to make the purchase promptly to relieve the necessity of the citizens or to preserve the property of the county; and
- an item necessary to preserve or protect the public health or safety of the residents of the county.
- See the statute for additional exemption items.