January, 2016, As Updated for 2 CFR Part 200 [New EDGAR Standards]) Page 42 of 80
2.7 As provided by the Board of Directors in its March 7, 2014 Board Meeting, all
contracts for the procurement of goods and services in excess of $25,000
(previously $10,000) require approval of the Board of Directors. This applies
to all contract amendments and change orders to previously approved
contracts if such contract amendments and/or change orders either cause the
purchase to exceed the threshold of $25,000, or if such threshold has already
been reached and the contract amendment and/or change order is less than
$25,000.
2.8 CHARTER SCHOOL SPECIFIC REQUIREMENTS: Notwithstanding anything to
the contrary contained herein, if Texas Education Code Section 12.1053,
Financial Accountability System Resource Guide (FASRG) or Federal
requirements are more strict in terms of dollar thresholds or other stated
requirements pertaining to charter schools than those provided for herein,
then the organization’s charter school shall obtain legal advice to determine
applicability and if applicable, the organizations’ charter school shall abide by
such State and/or Federal requirements unless the organization’s school
charter contract says otherwise:
a. Competitive bidding is required when a charter school engages in any
public works contract (i.e., a contract for the construction, repair or
renovation of a building) worth over $50,000. For public works contracts,
charter schools must follow the specific procedures set forth in Texas Local
Government Code, Chapter 271, Subchapter B. This subchapter requires
timely newspaper advertisements, sealed bids, a public bid opening, and
an award to the lowest responsible bidder. NOTE: To be on the safe side,
TCSA recommends for member schools to follow this process for any
public works contracts potentially worth over $45,000. Therefore, if any
such public works contract may be over $45,000, then the organization
shall obtain legal advice as to applicability.
b. When the organization’s open-enrollment charter school seeks a contract
for professional services with state funds, then the school cannot award
the contract on the basis of competitive bids. The Professional Services
Procurement Act is set forth in Texas Government Code, Chapter 2254.
According to the Act, any provider of professional services to the school
must be selected on the basis of demonstrated competence, demonstrated
qualifications, and a fair and reasonable price. Professional services
include accounting, architecture, landscape architecture, land surveying,
medicine, optometry, professional engineering, real estate appraising, and
professional nursing. This process is not applicable if the charter school’s
approved charter contract states otherwise concerning the procurement of
professional services.
c. When using federal funds, open enrollment charter schools operated by
non-profit corporations (e.g. AAMA) will follow the procurement standards
set forth in 34 CFR Sections 74.40 through 74.48. These standards
require all procurement transactions to be conducted in a manner in which
provides open and free competition. AAMA’s charter school school’s