Background
ESCs
are required under TEC Section 8.002 to (1) assist school districts in
improving student performance, and (2) enable school districts to operate more
efficiently and economically. ESCs use many methods to meet this statutory
requirement, including the creation of shared services arrangements, through
local contracts, and interlocal agreements.
The
following options for providing LEAs more flexibility in procuring services
with federal funds from ESCs are available under the EDGAR regulations.
2
CFR 200.318(e) encourages LEAs to use state and local intergovernmental
agreements or inter-entity agreements, where appropriate, for procurement or
use of common or shared goods and services. LEAs can procure services from an
ESC in different ways.
Option 1A
If
multiple LEAs are procuring the same services for the same price by joining
interlocal agreements through ESCs, then the ESC could maintain EDGAR
procurement compliance documentation for the group of LEAs entering into the
interlocal agreement. Once each LEA verifies the ESC’s compliance with the
EDGAR, the LEA can purchase the services from the ESC without any further
compliance documentation being needed. One example of this type of interlocal
agreement is a consortium for professional development where all the
participating LEAs have access to the same professional development and pay the
same price for the services.
Note, there have been audit findings when one LEA is paying a different price
from another LEA for the same service received through the interlocal
agreement. However, the price can be per teacher participating, where LEAs pay
different prices due to different numbers of teachers participating.
Option 1B
If the
LEA is procuring specific services that are different for each LEA, then the
LEA must follow EDGAR procurement requirements, including obtaining price
quotes from an appropriate number of vendors (preferably other private vendors,
not other ESCs) and using some type of selection matrix to identify the service
provider who best benefits the LEA, as appropriate.
2
CFR 200.320(f)(3) allows TEA, as the pass-through entity, to authorize
noncompetitive proposals in response to a written request, including contracted
services from ESCs to LEAs. TEA will authorize written requests for ESC
services to be considered noncompetitive procurements for LEAs.
Option 2A
LEAs
would submit the request for noncompetitive procurement form (located on the
TEA website) for those ESC services they wish to have authorized as
noncompetitive.
Option 2B
Each
ESC may request TEA to provide a broad, general authorization that any service
from that ESC be authorized as a noncompetitive procurement for LEAs.*
Contact your ESC to determine if your ESC will be submitting a broad,
general request. If your ESC submits this request to TEA then Options 1A and 2A
are not needed.
*A
broad, general authorization from TEA for all ESC services to be considered
noncompetitive procurements is consistent with state law. However, as noted
above, the EDGAR requirement stipulates that the TEA preauthorization be in
response to a “written request from the non-federal entity.” An auditor may
request evidence of the LEA’s written request. Therefore, TEA recommends each
ESC consult with its constituent LEAs and submit the noncompetitive procurement
request in writing on behalf of the LEAs.
If
LEAs have any questions related to procuring ESC services, LEAs may contact their ESC or TEA for additional technical assistance and support.
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