Key facts
- Big purchases ($100,000 or more a year): must use a method the law lists, such as bids or proposals1
- Accountants, architects, engineers: must be picked on skill, not on the lowest price2
- Lawyers and money advisers: outside the school bidding rules1
- Builders for big projects: picked by “best value,” and the rankings must be made public3
In short
Many people expect every public job to go to the lowest bid. Texas law does not work that way. For goods and most services, a school district must use a method like bids or proposals and pick the “best value,” not just the lowest price.1 For some jobs, such as auditors, architects and engineers, the law bans picking by price. The district must pick the most qualified firm and pay a fair price.2 So “it wasn’t bid” is often not a sign that a rule was broken.
Related: bond adviser · internal auditor · demographer · consent votes
Layer 1: The 30-second version
There are three main kinds of district purchases.
- Goods and regular services (buses, food, software, cleaning): the district uses bids, proposals or a buying group. It weighs price, quality and past work.1
- Professional services (accountants, architects, engineers, surveyors, appraisers): price bids are not allowed. The district picks on skill, then agrees on a fair price.2
- Building projects: the district picks a method, such as a “construction manager at risk.” That builder is picked on best value. The builder then must get bids from the trade firms that do most of the work.3
Layer 2: What the law says, job by job
| Job | Rule | What it means |
|---|---|---|
| Auditor (accountant) | Gov’t Code §2254.003 | No price bids. Pick on skill and a fair price.2 |
| Architect, engineer, surveyor | Gov’t Code §2254.004 | Pick the most qualified firm first, then agree on a price.2 |
| Lawyers, money (bond) advisers | Ed. Code §44.031(f) | Outside the school bidding rules. A district may pick a money adviser on skill.1 |
| Builders on big projects | Gov’t Code ch. 2269 | Best value from published criteria. Rankings public within 7 days of the award.3 |
| Other goods and services, $100,000+ a year | Ed. Code §44.031(a) | Bids, proposals, a buying group or another listed method. Best value, not just low price.1 |
How Leander ISD hired some of its firms:
- Bond adviser: picked in 2015 after a request for proposals. Its contract has had no end date since 2020.4 See bond adviser.
- Internal auditor: picked in 2023 after a request for qualifications. Three firms answered.5 See internal auditor.
- Demographer: picked in 2021 after a request for proposals. Two firms answered, and the winner scored 98.4 of 100.6 See demographer.
Layer 3: How to read it (the other side)
- Why ban price bids for some jobs? The idea is that a cheap design or audit can cost more later. The trade-off: without price bids, fees can be harder to compare.
- “Not bid” is not the same as “not checked.” A request for qualifications is a competition. Firms send in their skills, and the district ranks them.
- But the law sets no clock. We found no rule that says how often a district must look at other firms for these jobs. Long contracts can be legal and still be worth asking about.
- Records matter. For builders, the law says rankings must be made public. That lets anyone check how a firm was picked.3
Questions to ask
- Does the district have a written schedule for reopening adviser and consultant contracts?
- Where does the board post its purchasing policy?
Changes to this page
- Nov. 2, 2026: Added questions to ask.
What you can do or watch next
- When a contract comes to the board, look for how the firm was picked: bids, proposals or qualifications.
- Ask when the district last looked at other firms for a long-running job.
What we still don’t know
- Whether the district has a written schedule for re-opening adviser and consultant contracts.
Footnotes
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Texas Education Code §44.031(a) (methods for purchases of $100,000 or more a year; best value) and (f) (does not apply to professional services, “including services of an architect, attorney, certified public accountant, engineer, or fiscal agent”; a district may hire a financial consultant under Gov’t Code §2254.003). ↩ ↩2 ↩3 ↩4 ↩5 ↩6
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Texas Government Code §2254.002 (list of professional services), §2254.003(a) (no selection by competitive bids) and §2254.004 (architects, engineers and surveyors: most qualified first, then a fair and reasonable price). ↩ ↩2 ↩3 ↩4 ↩5
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Texas Government Code §2269.254(a) and (d) (construction manager at risk: best value; rankings public within 7 days after the award) and §2269.255 (the builder must advertise for bids or proposals from trade firms). ↩ ↩2 ↩3 ↩4