Consulting Services

Consulting Services

Consultants should only be used if there is a substantial need for the service and the University cannot adequately perform the service with its own personnel or through another state government entity.

Consultant

A person whose primary objective is to study or advise a state agency in a manner that involves an independent contractor relationship with the employer.

Major consulting services contract

A consulting services contract for which it is reasonably foreseeable the value of the contract will exceed $25,000, including any amendments.

Requirements before entering into a Major Consulting Services Contract

Prior to entering into a major consulting services contract, you must:

1. Submit a notice of intent to employ a consultant.
   • Notify the Legislative Budget Board and the Governor’s Budget and Planning Office that the agency intends to contract with a consultant and provide information showing the agency has complied with the requirements listed above, and
   • Obtain confirmation from the Chancellor that consulting services are necessary. This statement must be published in the Texas Register (see next section).
2. Publish a notice in the Texas Register.
   Not less than 30 days before entering into a major consulting services contract, a state agency must file a document with the Secretary of State for publication in  the Texas Register that:
   • Invites consultants to provide offers of consulting services
   • Identifies the individual who should be contacted by a consultant that intends to make an offer
   • Specifies the closing date for the receipt of offers, and
   • Describes the procedure by which the TWU will award the contract.
     
     If the consulting services relate to services previously provided by a consultant, or if the agency intends to award the contract to a consultant that previously provided the services, unless a better offer is received, the agency must disclose this in the invitation for offers.

Disclosure of previous state employment

An individual employed by a state agency at any time during the two years prior to offering consulting services to the agency must disclose:

• The nature of the previous employment with the agency or another state agency,
• The date employment was terminated, and
• The annual rate of compensation for the employment at the time of termination.

A state agency that enters into a consulting services contract with an individual who was employed by the agency within the previous two years must publish a notice in the Texas Register that includes a statement about the nature of the individual’s employment with the agency.

Contact Procurement Services for assistance in meeting the State requirements for Major Consultant Services.