Case Information
*1 The Attorney General of Texas Dmember 2, 1985 JIM MATTOX
Attorney General Honorable Henry Wadle Opinion No. ~~-385
Supreme Court Building Criminal District Attorney P. 0. Box 12546 Austin, TX. 76711. 2546 Condemnation 8ect::on ue: Whether a county purchasing 512/475-2501 Sewices Building agent may contract with a non- Telex 9101674.1367 Dallas, Texas 7!ii!O2 profit agency for blind or severely Telecopier 51214750266 handicapped persons without taking
competitive bids 714 Jackson, Suite 700 Dallas, TX. 75202.4506 [21417424944] Dear Mr. Wade:
You inform us that e nonprofit agency for thr blind or severely handicapped persons has requested a contract to perform janitorial 4624 Aiberta Ave.. Suite 160 services for the county. In that regard, the Dallas County Purchasing El Paso. TX. 79905.2793 915/5x3-3464 Agent has asked: Whethem Dallas County may contract with s 1001 Texas, Suite 7CU nonprof::t agency for the blind or severely HOUS~O”, TX. 77002.3111 handicapped persons without taking competitive 713/223-5666 bids thmeon?
606 Broadway, Suite 312 A county governmental body has only the powers conferred either Lubbock, TX. 79401.3479 expressly or by necessary implication by the constitution or statutes 6061747-5236 of this state. S,:e Tex. Const. art. V, P18; Caoales v. Laughlin. 214 S.W.Zd 451. 453 ps:x. 1948). County contracts are now governed by 4309 N. Tenth. Suite B County Purchasing ,Act. See Acts 1985, 69th Leg., ch. 641, at 4897. WAllen. TX. 76501-1665 Section 3(a) of this recentenactnent provides in part: 5121662-4547
Before a county may purchase one or more items 200 Main Plaza, Suite 400 under a contract that will require an exuenditure San Antonio, TX. 76205.2797 exceed+; $5,000, the commissioners court of the 5121225.4191 county rpt comply with the competitive bidding or
competitive proposal procedures prescribed by this Act. . <-. (Emphasis added). An Equal OppOrtunityI Affirmative Action Employer
Acts 1985, 69th Ieg., ch. 641, 03(a), at 4898. The term "item" has been defined in the act to include services. See Acts 1985, 69th Leg., ch. 641, §2(:3), at 4898. The purpose of theact is to provide for the requirements of competitive~ bidding. exceptions, notice, bond requirements, and changes in plans and specifications of a contract with a county.
Chapter 122 of the '&man Resources Code governs contracts the blind or severely handicapped involving a nonprofit agency for Individuals. See Hum. Res. Code 1122.001 et seq. Section 122.014 provides:
A product manufactured for sale to a political subdivision of this state or an office or depart- ment thereof shall be manufactured or produced according to specifications developed by the purchaser. Atical subdlvision of this state may purchase products or services for its use from private busines& through its authorized pur- chasing procedurrz, but may substitute equivalent products or set&es produced by blind or other severely disableirpersons under the provisions of this chapter. Nothing in this chapter shall be construed to req&e a nonprofit agency for blind or other severelr disabled persons to engage in competitive biddjE&. (Emphasis added).
Hum. Res. Code )122.014. Consequently, there appears to be a conflict between the County Purchastng Act, which requires competitive bidding and section 122.014 of tt,e Human Resources Code which prohibits a county from requiring a nonprofit agency for the blind or other severely handicapped persons to 'engage in the competitive bidding process as a prerequisite to an award of a county contract.
An applicable rule of statutory construction is that. where one statute deals with a subjec,t of general terms and another deals with a Dart of the same subiect Ln a more detailed wav. the two should be harmonized if possibl;, and if there is a conflict. the more soecific will prevail. See Trinity lJniversa1 Insurance Company v. McLaughlin, 373 S.W.Zd 66 (G Civ. AJ'p. - Austin 1963), reh'g denied, 374 S.W.Zd 350 (Tex. Civ. App. - Austin 1963, no writ); see also C. Sands, --,- Sutherland Statutory Construction 551.05 (4th ed. 1984). The County -- Purchasing Act is a gexral statutory enactment governing the
purchasing procedures of counties; whereas, section ?22.014-is a special provision govern:tng purchases of political subdivisions involving a nonprofit ager.cy for the blind or other severely handi- capped persons. Therefore, we conclude that a county is not required to comply with the competitive bidding procedure outlined in the County Purchasing Act whet. the contract involves a nonprofit agency for the blind or severely handicapped persons.
In applying section 122.014 of the Human Resources Code, the county must employ the prccedure outlined in chapter 122 in order to ascertain what constitutes W equivalent products or services" as those terms are used in the provision. The legislature has established the Texas Committee on Purehares of Products and Services of Blind and Severely Disabled Persons co determine the fair market price of all products and services manufactured or provided by these Individuals. See Hum. Res. Code 15122.COl. 122.004, 122.012. The nonprofit agency be organized under state law and recognized by the State Gt Commission for the Blind or the Texas Rehabilitation Commission in order to participate. mm. Res. Code 0122.004(a). Once the "equivalent value" has been determined, the county governing body, in its discretion, may sublititute the products or services of the nonprofit agency for those provided by private businesses which have participated in the competitive bidding process as outlined In the County Purchasing Act. 1x1. no event should the county require the nonprofit agency to compete in the competitive bidding process with the private businesses in (order to be awarded a contract. See Hum. Res. Code $122.014.
SUMMARY A county is n.ot required to comply with the competitive bidding procedure outlined in County Purchasing Act when the contract involves a nonprofit agency for the blind or severely handicapped pemons. However, the county must comply with section 122.014 of the Human Resources Code before awarS:lng a contract to these nonprofit agencies.
JIM MATTOX Attorney General of Texas JACK HIGHTOWER
First Assistant Attorney General
NARY KELLER
Executive Assistant Attorney General
ROBERT GRAY
Special Assistant Attorney (General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Tony Guillory
Assistant Attorney General
.
Honorable Henry Wade - Page! 4 (JM-385)
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
Colin Carl
Susan Garrison
Tony Guillory
Jim Moellinger
Jennifer Riggs
Nancy Sutton
Sarah Woelk