SUBJECT: USE OF CONSULTANT  AND PROFESSIONAL SERVICES
APPLICABILITY: TOTAL UNIVERSITY

A consulting service is defined by Texas Government Code, Chapter 2254 as "the human service of studying or advising an agency under a contract that does not involve the traditional relationship of employer and employee." A state agency or institution may contract with private consultant only if:

* There is a substantial need for the service and:
* The agency cannot adequately perform the service with its own personnel or through another agency.

If the consulting service is reasonably foreseen to exceed $25,000 during the term of the contract, including reasonably foreseeable renewals, the state agency will have pre-procurement and post-procurement oversight from the Legislative Budget Board (LBB) and the Governor's Budget and Planning Office. The intent to contract and the award of the consulting contract must be published in the Texas Register (See Policy 4.0.11), and requires approval of the agency head prior to publication.

Texas Government Code, Chapter 2254 specifically empowers each agency to purchase professional services under the Professional Services Procurement Act (See Policy 4.0.12). These procurements are exempt from Texas Building and Procurement Commission’s review authority. Professional services  means services:

(A) within the scope of the practice, as defined by state law, of:

1. accounting;
2. architecture;
3. landscape architecture;
4. land surveying;
5. medicine;
6. optometry;
7. professional engineering;
8. real estate appraising; or
9. professional nursing; or

(B) provided in connection with the professional employment or practice of a person who is licensed or registered as:

1. a certified public accountant;
2. an architect;
3. a landscape architect;
4. a land surveyor;
5. a physician, including a surgeon;
6. an optometrist;
7. a professional engineer;
8. a state certified or state licensed real estate appraiser; or
9. a registered nurse