I know that several counties are receiving money under the State Homeland Security Grant Program. In reading the contract, it appears that we are being encouraged to purchase from specified vendors. The money involved exceeds that which can be spent without bids.

Is there an exemption for grants that I am not seeing? Do we call it "technical" and claim an exemption for "hi tech" sruff? Just go spend the money and pray a whole lot that no one catches on?

We really need the $$, and don't want to turn it down, but - -- -

I'm not permitted to see important documents that come into our office, such as the ones you describe. I am curious, however, as to whether the contract (in its encouragement to purchase from the specified vendors) indicates, suggests or infers that those vendors are part of the Building and Procurement Commission's purchasing program. If that's the case, and your commissioners court opts into the program by resolution, your competitive bidding fears may be allayed by section 271.083(b) of the Local Government Code. As to whether any other exemption may be applicable, I cop out through the oft-used terminology of the Attorney General's office: Whether a particular exemption is applicable under a given set of circumstances is a question of fact which cannot be resolved in the opinion process.

The problem with the fed grant money is they will require you to comply with numerous federal laws in order to get the money but they have no real desire to determine whether you follow state law. Sadly you must generally follow state law as well. While I would never question the need for homeland security I did not realize that Sweetwater was on the frontier for such security. Nevertheless you may be able to tag onto various interlocal programs around the state to buy from the federally suggested vendors. If it is technology you can usually buy thru the state program and you will probably have the right vendors.

I think we are on the cutting edge too Lisa. I am looking at such an agreement. Sorry Scott should I send you a copy?

I'm still not entirely sure I'm permitted to see anything that important.

I wonder if I shouldn't have some sort of security clearance to even know about this stuff. For us to get a grant of this size there must be something here that I don't know about. $250,000 is a lot of $$ for a little burg!

Politically, I can't afford to throw a wrench into this. I think I will claim that the equipment involves a technology only available from one source, and go with that.

Still - it makes you wonder - - supposedly our proximity to Dyess AFB is the reason we got it....

The one I am looking at gives three options:
1. Buy it from the Houston Galvestion cooperative;
2. Buy thru some federal agency;
3. Buy thru purchasing act.
I suspect that all three may be workable although I still have doubts about 2. I am attempting to work thru those today.

I also have a concern about the use of interlocals (or cooperatives)to avoid bidding requirements--where the vendor is actually never selected through any bid, but because it is an interlocal"group" purchase- then everyone is allegedly excused. My reading of atty general opinions is that they seem to imply that the connection between the vendor and the group must still be through some type of bid or other process permitted by law, even though the particular govt body does not have to individually bid.
We too are now being the recipient of such a grant with same conditions--curious as your answer
Thanks