Texas Attorney General Opinion: JM-282 Page: 4 of 10
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Honorable Lloyd Criss - Page 4 (JM-282)
construction is executed under, the direct supervision of a registered
professional engineer.
The employment of other private consultants by state agencies is
governed by article 6252-11:, V.T.C.S. The statute defines a
consulting service as "the hnman service of studying or advising an
agency under an independent contract." Id. 51(1). The act expressly
does not apply to the employment of registered professional engineers
or registered architects (1) for architectural or engineering studies
or (2) for the design or construction of state facilities. Id. 52.
But the act is applicable, in our opinion, to others employed as
management consultants on the design or construction of state
facilities. Cf. V.T.C.S. art. 601b, 53.01(b) ("services" includes
skilled or unskilled labor or professional work).
The criteria for the use and selection of such a consultant by a
state agency is set out in the third section of article 6252-11c.
Subsection (3) of the first section includes four-year institutions of
higher education within the definition of "state agency." Selections
of private consultants are cnot to be made on the basis of competitive
bids, but if the contract may be valued in excess of $10,000, the
agency is required po invite offers publicly for consulting services.
Id. 6(a). See Attorney General Opinion h-1173 (1978).
With those preliminary observations made, we can proceed to your
specific questions, the first of which follows:
I. ay the university solicit and receive
competitive bids fo)r construction of permanent
improvements based on a general project descrip-
tion before plans cnd specifications are complete?
First making a distinction between bids for the construction of
permanent improvements and coffers to act as a management consultant
regarding such construction, as above discussed, our answer is in the
negative. A general projeaii: description of incomplete plans and
specifications will not furnish a sufficient basis on which
competitive bids for the construction of a project can be received
pursuant to section 51.907 of the Education Code. As noted in
Attorney General Opinion R-24 (1973), a procedure does not result in
competitive bids where bid documents leave to conjecture requirements
governing the bids and only by happenstance would all interested
bidders arrive at a common conclusion regarding their meaning. See
also Attorney General Opinio W-299 (1981). in Sterrett v. Bell. 240
S.W.2d 516, 520 (Tex. Civ. App. - Dallas 1951, no writ), cited with
approval in Texas Highway (cnumnission v. TexEas Association of Steel
Importers, 372 S.W.2d 525 (T:. 1963), it was said:p. 1249
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-282, text, December 28, 1984; (https://texashistory.unt.edu/ark:/67531/metapth272722/m1/4/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.