Honorable H. A. Hodges

County Auditor Williamson County Georgetown~,Texas

Dear Sir: Op,inionNO; o-2665 Re: nids for county supplies should be made upon the needs of the county as a whole.

In your request of September 6A 1940, for an opinion of this department, you refer to rticle 1659 of the Revised Civil Statutes of Texas and inquire:

'"Underthe above article would the commissioners court have the authority t,orequest bids and award contracts for materials for each of the four commissioners precincts separately, or does the law contemplate that the awards should be made for the county as a whole?"

,. In response to our letter of September 25, 1940, for additional information, you advised that the need for particular articles and supplies by the county as a whole has been determined by the commissioners' court. You state that it is the desire of the commisslonere~ court to take separate bids for each precinct on such supplies as lumber, gasoline, lubricants, motor equipment and similar products.

Article 1659 of the Revised Civil jtatutes of Texas reads:
"Supplies of every kind, road and bridge material; or any other material, for the use of said county, or any of its officers, departments, or institutions must be purchased on competitive bids, the contract to be awarded to the party who, in the judgment of the commissioners court, has submitted the lowest and best bid. The county auditor shall advertise for a period of~two weeks in at least one daily newspaper, published and ,circulated in the county, for such supplies and material according~to specifications, giving in detail what is needed. Such advertisements shall state where the specifications are to be found, and shall give the time and place for receiving such bids. All such competitive bids shall be kept on file by theHonorable H. A. nodges, Page 2, o-2665

county auditor as a part of the records of his office, and shallbe subject to inspectionby any one desiring to see them, Copies of allbids received shallbe furnishedby the county auditor to the county judge and to the commissioners court; and when thebids received are not satisfactoryto the said judge or county commissioners,the auditor shall reject saidbids and re-advertise for new bids. Incases of emergency, purchases not in excess of onehundred and.fifty dollarsmay be made upon requisition tobe ,approved by the commissioners court,without advertisingfor competitivebids."

A careful considerationof the above article leadsus to the conclusion that itwas the legislative intent that the needs of the county as a whole for a particular commodity, if suchneed be determined in advanceby the commissionerscourt, shouldbe included in the samebid and awarded to the lowest andbest bidder. We think the first sentence of sucharticle supports thisview. It is: "Supplies of every kind, road and bridgematerial, or any other of its officers,departments,or institutionsmust be purchased
on competitivebids, the contract to be awarded to the parte who, in the judgmentof the commissionerscourt,has 'submitted the lowest and best bid+,..." (Underscoringours)
The Legislature apparentlythoughtitlogical that if the needs of the county as a who,le were first determinedand bids re-~~ quested for the entireneed that a lower andbetter bid couldbe had than if such orderwere broken down and thebids ca?.led for
on the need of eachprecinctwithin the county.
Since you advise that your commissioners'court has determined the future needs of the county as a whole for the products in question, it is our opinion that you should advertise forbids on the entireneed.

Yours very truly ATTORNEYGENERAL OF'TEXAS
s/ Lloyd Armstrong

LA:AW/cg BY LloydArmstrong Assistant

APPROVED NOVEMBER 27, 1940 s/ Gerald Cr Mann ATTORNEY GENERAL @'TEXAS
This opinion considered and approved in limited conference.