1. (a) When procuring professional engineering services, a governmental entity and/or its representative(s) shall comply with the requirements of Subchapter A, Chapter 2254, Texas Government Code and shall select and award on the basis of demonstrated competence and qualifications to perform the services for a fair and reasonable price and shall not select services or award contracts on the basis of competitive bidding.
2. (b) A governmental entity and/or its representative(s) shall follow the process and procedures as prescribed in Chapter 2254, Texas Government Code, or the board shall report the governmental entity to the appropriate jurisdictional authority.
3. (c) A governmental entity and/or its representative(s) is responsible for determining if professional engineering services are required based on if the services, contract or activity is included in the practice of engineering as defined in §1001.003 of the Act. A governmental entity may refer to or request an advisory opinion from the board to assist in this decision.

Source Note:The provisions of this §137.79 adopted to be effective May 20, 2004, 29 TexReg 4878.