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11/20/2015 Using the Program :: HGACBuy HGACBuy THE SMART PURCHASING SOLUTION GENERAL PURPOSE INFRASTRUCTURE COMMUNICATIONS GROUNDS PUBLIC EMERGENCY CONSULTING EMERGENCY COOPERATIVE & EMERGENCY EQUIPMENT & EQUIPMENT & FACILITIES & WORKS EQUIPMENT & LEASING & STAFFING PREPAREDNESS & ENERGY VEHICLES SERVICES SERVICES PARKS EQUIPMENT EQUIPMENT SUPPLIES SERVICES DISASTER RECOVERY PURCHASING You are hem: Home > Information About The Program > Using the Program INFORMATION ABOUT THE PROGRAM USING THE PROGRAM Types of Participating End Users: • Nunicipalities, 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 Districts • Authorities (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) The Texas Interlocal Cooperation Act 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 HGACBuy. Clic: on Authorizing Statutes on the HGACBuy web site to see what cooperative purchasing statutes exist in each state to allow for participation in HGACBuy. In 1971, the Texas Legislature passed the Interlocal Cooperation Act [Texas Government Code, Title 7, Chapter 791] to promote activities among local govermnents across Texas. Any local government or non- profit providing government senices 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 Ari 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 gavenanental contracting authority at the lord level including contracts between all political subdivisions of the state and agencies of the state. Legal Authority Governmental entities join HGACBuy by execution of an Interlocal Contract (ILC) which can he found on the HGACBuy website under Program Info. By executing the ILC, the End User represents and warrants to H -GAC that (i) 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 tither 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 When participating in HGACBuy, members make their purchase orders out to, and directly pay, the HGACBuy contractor. However, H -GAC does act as the designated purchasing agent on behalf of participating End Users by perfonning specific services including, but not limited to: • Conducting research and surveys • Developing specifitetionsfor each product/service • Soliciting vendor participation • Issuing specifications documents • Conducting pre-bid/pre-proposal conferences • Opening bid/proposal responses • Evaluating responses • Issuing Vendor Contracts awarded by the H -GAC Board of Directors • Certi fying contract vali dity • Contracts Administration Interlocal Contract Renewals Provisions of the Interlocal Cooperation Act provide for annual renewal of Interlocal Contracts. The contract document issued by HGACBuy 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 Bid Process Products offered through HG.ACBuy have been sub4ected to either the competitive bid or aampetitive propasal format based on Texas statutes for Councils of Governments under the meal Government Code Chapter 252. The 761h Legislature, Regular Session, added language that stipulates Councils of Governments shalt specifically use "municipal bidding statutes". As administrator, H-GAC's titles of https://www.hgacbuy.org/program/using/default.aspx 1/3