Texas Attorney General Opinion: JM-687 Page: 2 of 5
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Honorable George Pierce - Page 2 (JM-687)
the Annual Contributions Contract between the Department of Housing
and Urban Development and the San Antonio Housing Authority [section
306, part 2]. It reads:
(A) In the purchasing of equipment, materials,
and supplies, and in the award of contracts
for services or for repairs, maintenance,
and replacements, the Local Authority shall
comply with all applicable State and local
laws, and in any event shall make such
purchases and award such contracts only to
the lowest responsible bidder after adver-
tising a sufficient time previously for
proposals, except:
(1) When the amount involved in any one
case does not exceed $10,000; or
(2) When the public exigencies require the
immediate delivery of the articles or per-
formance of service; or
(3) When only one source of supply is
available and the purchasing or contracting
officer of the Local Authority shall so
certify; or
(4) The contract is for (a) professional,
technical or other kinds of services, or
(b) to be performed under Local Authority
supervision and paid for on a time basis; or
(5) The purchase is made under a consoli-
dated supply contract entered into between
HUD and the contractor pursuant to HUD
regulations. (Emphasis added).
It has been suggested that subparagraph (A)(5) above specifically
provides that purchases made under the Consolidated Supply Program
fall within "the category of purchases that are specifically exempted
from state law requirements." In our view, the import of the para-
graph is somewhat different.
The initial words of paragraph A above establish two contractual
requirements regarding procurements. First, housing authorities are
contractually bound to "comply with all applicable State and local
laws." Second, "in any event," they are required to award procurement
contracts "only to the lowest responsible bidder" except in five
specified situations. The subparagraph A(1) through A(5) exceptions
are intended to modify only the contractual responsibility to award
contracts to the lowest responsible bidder, not the contractual
obligation to comply wth all state and local laws - which laws might
p. 3182
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-687, text, May 4, 1987; (https://texashistory.unt.edu/ark:/67531/metapth273125/m1/2/: accessed July 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.