3. Purchasing of Professional Services
D.3.01 Authority:
Professional Services Agreements, excluding legal services, with a value of $50,000 or more over the contract term, shall be approved by the Board of Trustees. Professional Services Agreements with a value of less than $50,000 over the contract term must be approved by the Chancellor, LEO, or authorized designee
D.3.02 Definition:
Professional services include, but are not limited to: accounting, technology, financial, auditing, architecture, landscape architecture, land surveying, medical, optometry, professional engineering, legal, real estate appraising, or professional nursing.
D.3.03 Scope of Service:
Professional service providers are independent contractors retained to provide services to the System when regular employees, within the scope of their employment, cannot provide such services.
Procurement of professional services must be conducted in accordance with the Texas Government Code for Professional Services, to the extent applicable. This requires that contracts for the procurement of defined professional services may not be awarded on the basis of competitive bids. Instead, these contracts must be awarded on the basis of demonstrated competence and qualifications to perform the services, so long as the professional fees are:
a. Within the budget for the services;
b. A fair and reasonable price;
c. Do not exceed any maximums provided by state law; and
d. Consistent with, and not higher than, the recommended practices and fees published by the applicable professional associations.
D.3.04 Term of Service:
The Board may engage a professional services provider for a maximum period of five years. However, the Board will retain the right to terminate the engagement at any time upon due notice, such notice never requiring more than thirty (30) days prior notice.
A professional service provider currently under contract is eligible to respond to a request for proposal/qualifications for a subsequent term.
LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008