24 - Procurement Policy for Construction Contracts Over $50,000pdf

Home Browse Search

Item No. 24 TO: City Council FROM: Grayson Path, City Manager SUBJECT: Resolution approving a procurement policy for construction contracts over $50,000.00 DATE: December 14, 2020 BACKGROUND: At a prior meeting, Council Members expressed a desire to craft a policy on procuring construction contracts on projects involving expenditures exceeding $50,000.00. Such policies would need to follow statutory guidelines while giving the city the maximum flexibility in selecting contractors. Myself and city attorney Ms. Harris were tasked with brining such a policy to Council for review, discussion, and possible discussion. STATUS OF ISSUE: The attached resolution and policy incorporates the requirements of Tex. Gov. Code Chapter 2269, which controls for governmental procurement of contracts for the construction, alteration, and renovation public facilities and public works. Chapter 252 of the Local Gov. Code also has competitive bidding components, but to the extent that it conflicts with Chapter 2269, Chapter 2269 controls. It is not possible to completely harmonize those two chapters, but the best way to do so is to view 2269 as the overarching framework for various methods of procurement, including a competitive bidding method (lowest responsible bidder), and to view Chapter 252 as providing the various procedural requirements, such as when notice must be given and how and when bids or proposals must be opened. The policy closely tracks the statutory language in the pertinent sections in Chapter 2269. You will see that Chapter 2269 allows a good deal more flexibility than does Chapter 252, including setting forth criteria that can be used to evaluate bidders, even bidders under the straight competitive bidding method so that a governmental entity may have criteria to distinguish responsible bidders from not -responsible bidders. BUDGET: No direct impact. This is simply a policy to give the city the greatest possible flexibility while still following relevant procurement statutes.