JIM MATTOX Attorney General

Supreme Court Building P. 0. Box 12546 Austin, TX. 76711. 2546 512/475-2501 Telex 9101674.1367 Telecopier 51214750266

714 Jackson, Suite 700 Dallas, TX. 75202.4506 21417424944

4624 Aiberta Ave.. Suite 160 El Paso. TX. 79905.2793 915/5x3-3464

1001 Texas, Suite 7CU HOUS~O”,TX. 77002.3111 713/223-5666

606 Broadway, Suite 312 Lubbock, TX. 79401.3479 6061747-5236

4309 N. Tenth. Suite B WAllen. TX. 76501-1665 5121662-4547

200 Main Plaza, Suite 400 San Antonio, TX. 76205.2797 5121225.4191

An Equal OppOrtunityI Affirmative Action Employer 

# The Attorney General of Texas

Dmember 2, 1985

HonorableHenry Wadle CriminalDistrictAttorney Condemnation8ect::on Sewices Building Dallas, Texas 7!ii!O2 OpinionNo. ~~-385

ue: Whether a county purchasing agent may contract with a nonprofit agency forblind or severely handicapped persons without taking competitivebids

Dear Mr. Wade:

You inform us that e nonprofit agency for thr blind or severely handicapped persons has requested a contract to perform janitorial services for the county. Agent has asked: In that regard, theDallas County Purchasing

Whethem Dallas County may contract with s nonprof::t agency for the blind or severely handicapped persons without taking competitive bids thmeon?

A county governmentalbody has only the powers conferred either expressly or by necessary implicationby the constitution or statutes of this state. S,:e Tex. Const. art. V, P18; Caoalesv. Laughlin. 214 S.W.Zd 451. 453 ps:x. 1948). County contractsare now governedby **the** County Purchasing ,Act. See Acts 1985, 69th Leg., ch. 641, at 4897. Section 3(a) of this recentenactnent provides in part:

Before a county may purchase one or more items under a contract that will require an exuenditure exceed+; $5,000, the commissioners court of the countyrpt complywith the competitivebidding or competitiveproposalproceduresprescribedby this Act.

. <-. - (Emphasisadded).

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 requirementsof competitive~ bidding. exceptions,notice, bond requirements, and changes in plans and specifications of a contract with a county.

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Chapter 122 of the '&man involving a nonprofit agency for Individuals. See Hum. Res. Code provides: - Resources Code governs contracts the blind or severely handicapped 1122.001 et seq. Section 122.014

A productmanufactured for sale to a political subdivision of this state or an office or department thereof shall be manufactured or produced according to specifications developed by the purchaser. Atical subdlvisionof this state may purchaseproducts or services for itsuse from private busines& through its authorized purchasing procedurrz, but may substitute equivalent products or set&es produced by blind or other severely disableirpersonsunder 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 competitivebiddjE&. (Emphasisadded).

Hum. Res. Code )122.014. Consequently, thereappears to be a conflict between the County Purchastng Act, which requires competitivebidding and section 122.014 of tt,eHuman Resources Code which prohibits a county from requiring a nonprofit agency for the blind or other severely handicapped persons to 'engagein the competitive bidding process as a prerequisite to an award of a county contract.

An applicable rule of statutory construction is that. where one statutedealswith a subjec,t of general terms and anotherdealswith 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 lJniversa1Insurance 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:tngpurchases of political subdivisions involving a nonprofit ager.cyfor the blind or other severely handicapped 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 theblind or severelyhandicappedpersons.

In applying section 122.014 of the Human Resources Code, the countymust employ the prccedure outlined in chapter 122 in order to ascertainwhat constitutesWequivalentproducts or services" as those terms are used in the provision. The legislaturehas established the Texas Committee on Purehares of Products and Services of Blind and

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Severely Disabled Persons co determine the fair market price of all products and servicesmanufactured or provided by these Individuals. See Hum. Res. Code 15122.COl. 122.004, 122.012. The nonprofit agency Gt be organized under state law and recognized by the State Commission for the Blind or the Texas Rehabilitation Commission in order to participate. mm. Res. Code 0122.004(a). Once the "equivalentvalue" has been determined, the county governingbody, in its discretion, may sublititutethe 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 (orderto be awarded a contract. See Hum. Res. Code $122.014. -

SUMMARY

A county is n.otrequired to comply with the competitive bidding procedure outlined in the CountyPurchasingAct when the contract involvesa nonprofit agency for the blind or severely handicapped pemons. However, the county must complywith section 122.014of theHuman Resources Codebefore awarS:lng a contract to thesenonprofit agencies.

JIM MATTOX Attorney General of Texas

JACKHIGHTOWER FirstAssistantAttorneyGeneral

NARY KELLER ExecutiveAssistantAttorney General

ROBERT GRAY SpecialAssistantAttorney (General

RICK GILPIN Chairman,Opinion Committee
Preparedby Tony Guillory AssistantAttorney General

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APPROVED: OPINION COMMITTEE
Rick Gilpin, Chairman Colin Carl Susan Garrison Tony Guillory Jim Moellinger JenniferRiggs Nancy Sutton SarahWoelk .

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