Unified Procurement Code Information (TxUPC)

One of our long term goals as an Association is to standardize the purchasing statutes which govern the various member government agencies. TxPPA members endorsed this initiative by resolution at the TxPPA Annual Business
Meeting on November 4, 2010.

There are at least 16 other states that have preceded Texas in establishing a unified procurement code. TxPPA
is seeking procurement stakeholders to help us overcome the inertia of tackling such a big project by forming a
committee and appointing representatives from each type of agency to develop and ultimately utilize a Texas
Unified Procurement Code (TxUPC).

The TxUPC was initially based on the New Mexico code. We have analyzed and commented on New Mexico's
code, and stakeholder groups from each group of entities would be established to ensure agency desires are included and effective current exemptions are maintained.

Various Procurement Statutes Currently Utilized:

  • Government Code, Title 10, Subtitle D, State Purchasing and General Services
  • Education Code, Chapter 44, Subchapter B, Purchases; Contracts
  • Local Government Code, Chapter 252, Purchasing and Contracting Authority of Municipalities
  • Local Government Code. Chapter 262, Purchasing and Contracting Authority of Counties
  • Local Government Code, Chapter 271, Purchasing and Contracting Authority of Municipalities, Counties,and Certain Other Local Governments
  • Government Code, Chapter 2254, Professional Services Procurement Act
  • Government Code, Chapter 2253, Bonding (requirements for certain public works contracts)
  • And the list goes on and on.......

Key Elements of a Unified Procurement Code (UPC)

  • Establishes centralized procurement.
  • Describes source selection and contract formation.
  • Contains standards for developing, monitoring and using specifications.
  • Covers construction, architectural/engineering and land surveying procurement standards.
  • Provides for contract modifications and termination of contracts.
  • Discusses cost principles for determining reimbursable costs under a contract.
  • Contains provisions for supply issues and the disposal of surplus property.
  • Creates legal and contractual remedies in the case of protest or disputes.
  • Encourages intergovernmental relations through cooperative purchasing.
  • Offers assistance to small and disadvantaged businesses.
  • Establishes standards for ethical conduct.
  • Fosters a framework for universal certification of public purchasing employees.

Advantages of a UPC

  • Establishes the same standards for all governmental agencies thus making it easier for elected officials, contractors, taxpayers, and public procurement officials to use and understand.
  • Facilitates cooperative purchasing through intergovernmental relations.
  • Establishes standards for ethical conduct.
  • Fosters a framework for universal certification of public purchasing employees.

Nearby States Using a UPC

Related Documents

Get Involved

For more information on establishing the TxUPC or to help us in our efforts, please contact our TxUPC Committee chair:

David Setzer, CPSM, C.P.M.,CWE [email protected]