Getting Started / Legal Authority
 
PlanSource functions inside the bounds of the Texas Interlocal Cooperation Act as the procurement agency on behalf of the local governments. The Local Government Code in Chapter 252 gives local governments a clear definition of "planning services," and H-GAC adheres to the Texas competitive bid/proposal statutes for cooperative purchasing contracts. Most States in the United States have either Interlocal Cooperation or Joint Powers authority to allow local governments in those states to join and participate in programs like PlanSource.
 
Types of Participating End Users

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Municipalities, Cities, Counties and State Agencies
•Councils of Government
•Schools, School Districts, Colleges, Universities
•Hospitals and Hospital Districts
•Emergency Medical Services and Services Districts
•Volunteer Fire Departments and Rural Fire Prevention Districts
•Special Law Enforcement Jurisdictions
•Judicial Courts & Districts
•Emergency Communications Districts
•Utility Districts (MUDs, WCIDs, Irrigation, etc.)
•Special DistrictsAuthorities (Airport, Port, River, Water, Toll Road, etc.)
•State Agencies
•Not-for-Profit Corporations [501(c)(3)] providing government functions and services.
(Special requirements apply: See Program Info/Executing an Interlocal Contract with HGACBuy)
Interlocal Cooperation or Joint Powers Nationwide
Most States in the United States have either Interlocal Cooperation or Joint Powers authority to allow local governments in those states to join and participate in programs like PlanSource. The link below to the U.S. Communities gives information about the authorizing state statutes and you will find that most states have provisions for local governments to participate in interlocal agreements for corporative procurement. Click here to see how your state has planned for your local governments.
The Texas Interlocal Cooperation Act
In 1971, the Texas Legislature passed the Interlocal Cooperation Act [Texas Government Code, Title 7, Chapter 791] to promote activities among local governments across Texas. Any local government or non-profit providing government services may contract or agree with one or more local governments under the terms of this Act to conduct purchasing and other administrative functions. The following excerpt from the Act states that...
"The Interlocal Cooperation Act's purpose is to improve the efficiency and effectiveness of local governments by authorizing the fullest possible range of inter-governmental contracting authority at the local level including contracts between all political subdivisions of the state and agencies of the state."
Legal Authority
Governmental entities can utilize PlanSource by execution of an Interlocal Contract (ILC) which can be found on this website. By executing the ILC, the End User represents and warrants to H-GAC that (1) it is eligible to contract with H-GAC under the Act because it is one of the following: a qualifying non-profit corporation, county, municipality, special district, or other political subdivision of the State of Texas, or another state, and (2) it possesses adequate legal authority to enter into this Contract.
Scope of H-GAC's Professional Services
Acting as a designated purchasing agent on behalf of participating Participants, H-GAC performs specific services including, but not limited to, those associated with Texas statutes for competitive bids and proposals:
•Conducting research and surveys
•Developing specifications for each product/service
•Soliciting vendor participation
•Issuing specification documents
•Conducting pre-bid/pre-proposal responses
• Opening bid/proposal responses
•Evaluating responses
• Issuing Vendor Contracts awarded by the H-GAC Board of Directors
•Certifying contract validity
•Contracts Administration
Purchasing Statutes Applied H-GAC Competitive Bid Process
H-GAC adheres to the Texas competitive bid/proposal statutes for all product categories offered under cooperative purchasing contracts. The 76th Legislature, Regular Session, added language that stipulates Councils of Governments shall specifically use "Municipal Bidding Statutes" {Texas Local Gov Code Chapter 252}. As administrator, H-GAC's rules of governance apply.
Definitions: Competitive Bids
Planning Services offered through the H-GAC PlanSource program have been subjected to either the competitive bid or competitive proposal format based Texas statutes for Councils of Governments under the Local Government Code Chapter 252.
H-GAC's Bid Notices
The Program's Coordinator for PlanSource services directs an RFP process every 2 years.
Distribution of H-GAC Product Specifications
Product specifications are distributed in electronic media to all bidders/proposers on file, and to prospective responders referencing legal notice postings in newspapers and on H-GAC's website. Historically under-utilized, minority businesses are specifically solicited through minority-emphasis publications.
Interlocal Contract Renewals
Provisions of the Interlocal Cooperation Act provide for annual renewal of Interlocal Contracts. The contract document issued contains a provision for automatic annual renewal. Unless an updated contract document is requested, or statutory change occurs, the initial enactment could remain in effect in perpetuity. A permanent identification number is assigned to each End User contract.
Purchasing Statutes Applied to H-GAC Competitive Proposal Process
Products offered through PlanSource have been subjected to competitive proposal format based on Texas statutes for Councils of Governments under the Local Government Code Chapter 252. The 76th Legislature, Regular Session, added language that stipulates Councils of Governments shall specifically use "municipal bidding statutes". As administrator, H-GAC's rules of governance apply.