Contracts Management Guide - Texas Comptroller of Public Accounts

• Exemption of Goods or Services of Blind or Visually Impaired Persons xxxiii
• Exemption for Certain Libraries and Health Facilities xxxiv
• Purchase From Gift or Grant Not Within Commission’s Purchasing Authority xxxv
• Certain Other Purchases Not Within Commission’s Purchasing Authority xxxvi
• Purchases by Veteran’s Land Board xxxvii
• Purchase of Care and Treatment Services by Texas Youth Commission xxxviii
• Procurements by Health and Human Services Agencies (does not include common goods and services) xxxix
• Health Care Purchasing xl
• Certain Purchases by Employees Retirement System of Texas xli
• Mental Health and Mental Retardation Community Centers; Assistance Organizations xlii
• Purchases by Legislature and Legislative Agencies xliii
• Local Government Purchasing Program xliv
Even if a statute creates an exception to CPA’s authority to make purchases, the authority to purchase goods or
services must be found in another statute before an agency is authorized to purchase. xlv One of the statutory sources
for a state agency’s contracting authority is a statutory delegation.
Binding Signatures
Original signatures by those in authority to contract are the usually accepted norm through which a contract becomes
binding. There may be instances where time considerations dictate the need to accept a faxed signature as evidence a
respondent accepts the terms of a contract. Additionally, it is possible that an email or a chain of emails that make it
clear a party accepts the terms of a contract can be enforceable. Faxed signatures or emails should always be followed
up with original signatures.
Delegated Purchases
By statute, agencies are authorized to purchase goods and services if the cost does not exceed $15,000. Additionally,
CPA is authorized to delegate additional purchasing authority. The delegated authority of a state agency to bind the
State in contract is primarily defined by dollar amount and subject matter. See Bidding Requirements and Dollar
Limits or Thresholds (http://www.window.state.tx.us/procurement/pub/manual/2.11.pdf.)
An agency may not use its delegated purchasing authority to purchase:
1. Items provided by a CPA state contract (unless the quantity to be purchased is less than the minimum quantity
specified in the CPA contract);
2. Items that are required by statute to be purchased from a particular source; or
3. Items that constitute ‘scheduled items’ designated for purchase by the CPA xlvi
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