Procurement Policy

Approved and Adopted by City Council - May 2, 2023

§1-101 PURPOSE

The City of Rosenberg, Texas (City) Procurement Department presents this manual to promote understanding by employees, vendors, contractors, and the public regarding the procurement of goods and/or services on behalf of the City. The intent is that this manual be dynamic so as policies, laws or practices change, this document will be updated with the express approval of the City Manager and City Council (when required).

The public must have confidence that public funds are spent prudently on its behalf, and not for the personal benefit of City employees, officials, or their friends. The deliberate elements of actual or perceived conflict of interest, fraud and abuse can be destructive to the public trust. The policies and procedures incorporated within should:

  • Provide a centralized procurement program encompassing nationally approved principles and practices.
  • Be reviewed, thoughtfully and regularly, to ensure the utility of procurement statutes and for periodic modifications for improvements that will enhance the efficiency and effectiveness of the procurement function.
  • Promote and encourage ethical management and efficiency in City procurement procedures.

The purpose of this manual is to establish policies and procedures that will be used to:

  • Simplify, clarify, and modernize the City of Rosenberg’s procurement practices.
  • Ensure the application of consistent and sound business practices in City procurement and demonstrate our ongoing commitment to increasing communication among the departments.
  • Bolster public confidence in public procurement procedures.
  • Ensure the fair and equitable treatment of all persons dealing with the City procurement system.
  • Foster effective broad-based competition within the free enterprise system.
  • Provide increased economy in City procurement activities.
  • Maximize the procurement value of City funds.
  • Safeguard the high quality and integrity of the procurement system.
  • Ensure that expenditure of public funds (including federal and state funds) complies with the terms and conditions of the funding source. If federal or state requirements conflict with the provisions of this manual, nothing in the manual shall prevent the City from complying with the terms and conditions of the federal or state requirements.

The Procurement Department serves as the central procurement office for the City. It determines which method of procurement will be used for all city purchases on the advice of the Chief Procurement Officer to Department Heads. The Procurement Department communicates operational procedures consistent with sound business practices, for the procurement and management of all goods and services.

These policies are to be followed by anyone who has the authority to act as an agent of the City in the procurement of all goods and services regardless of the dollar value. This authority lies within the Procurement Department.


Procurement in the public sector is the process through which a government acquires goods and services. The terms “procurement” and “purchasing” are often used interchangeably. However, “purchasing” is only one of three stages of the procurement cycle.

  1. Planning and scheduling. Procurement activities to meet program and budgetary objectives.
  2. Source selection. (Purchasing) The process through which solicitations are issued, advertisements run, vendors selected, and goods and services received.
  3. Contract administration. Enforcement of the terms of the purchase agreement or contract and payment of invoices.

One of the most important standards of public procurement to remember is that each procurement action results in a legal contract between the City and the supplier. Each procurement action is a legal action. Public procurement activities are governed by common law, the Uniform Commercial Code (UCC), government procurement laws, ordinances, and case law.

§1-103 MISSION

The Procurement Department’s mission is to assist all City departments in the procurement of materials, supplies, equipment, and services at the lowest possible cost, consistent with the quality and delivery required. All purchases by an employee, acting as an agent of the City, must be made in an open, fair, and ethical manner to promote competition and best serve the taxpayers.



Under the general supervision of the Director of Finance, some of the functions and responsibilities of the Chief Procurement Officer are as follows:

  • To observe and enforce the procedures outlined and adopted in the City of Rosenberg Procurement Manual, City Ordinances, City Charter, and State Law.
  • To operate the Procurement Department in such a manner that vendors:
    • Will be aware of the fairness of all awards.
    • Will be encouraged to continually furnish competitive bids so the City shall secure the best goods and services of the right quality and the best price.
  • To assist department directors in their efforts to procure all supplies, materials, and contractual services for the City.
  • To explore the possibilities of consolidating purchases of like, when possible, or common items to obtain the maximum economic benefits.
  • To prepare specifications, where practical, governing purchases of various items.
    • However, when it is proposed to purchase articles of technical or scientific nature for special use, the head of the requisitioning department shall submit recommended specifications.
  • To provide for the inspection and appropriate testing for goods delivered, although this responsibility may be delegated to the head of the using department, and to ensure that inferior or unsatisfactory articles are rejected or returned.
  • To monitor contract timelines in order to ensure timely bids and contract renewals.
  • To maintain a record of all bids, quotations, and purchases.
  • To investigate violations of the procurement policies and regulations.
  • To arrange for the disposal of surplus/scrap materials and equipment, including obsolete stock and scrap, as outlined by this manual.
  • To manage the City’s relations with vendors those who have disputes and/or are disbarred.


The Procurement Department shall continuously familiarize itself with the requirements of the other City departments and be receptive to suggestions or comments. The using departments can assist the Procurement Department in complying with state and local laws and regulations by:

  • Planning their work so that “Rush Orders” and “Emergencies” will be held to a minimum. Requests for procuring goods and services should be forwarded to the Procurement Department far enough in advance to allow them to obtain vendors and in turn, allow the vendor sufficient time to complete the request for quotation.
  • Monitoring staff purchases and requiring strict compliance with policies (i.e., no splitting of invoices to avoid the City’s purchasing limits).
  • Preparing complete and reasonable specifications for materials that require engineering or technical background. Specifications should be written in a way that encourages maximum vendor participation to ensure the City receives the best goods and services at the most advantageous cost or best value as defined in §252.043 of the Texas Local Government Code.
  • Assisting the Procurement Department in developing and maintaining vendor lists by providing contact information as new vendors are identified.
  • Preparing Council agenda items timely, to allow for review by the Procurement Department, Finance Department, City Attorney, and the City Manager.
  • Monitoring contract timelines to ensure timely bids and contract renewal.

No City employee shall purchase supplies, materials, or equipment of any kind for personal use.


The vendor community can assist the Procurement Department in complying with state laws and regulations by:

  • Following ethical business practices and procedures by working within the procurement process, treating other vendors fairly and respectfully, not colluding or offering kickbacks.
  • Providing goods and/or services as specified and on time.
  • Completing and returning required forms, bid documents, affidavits, and conflict of interest questionnaires.


The Procurement Department personnel shall comply with these principles:

  • In all transactions, to consider first what is in the best interests of the City. To believe and carry out the established policies of the City.
  • To be receptive to competent counsel from City Attorney.
  • To be guided by counsel without impairing the dignity and responsibility of the office.
  • To establish practical procedures for the conduct of the office.
  • To subscribe to and work for honesty and truth in buying and selling and to denounce all forms and manifestations of commercial bribery.
  • To accord a prompt and courteous reception to all who call on a legitimate business mission.
  • To counsel and assist fellow employees in the performance of their duties.
  • To cooperate with and participate in organizations and with individuals engaged in activities designed to enhance the development and standards of procurement.


The Procurement Department adopts and follows the following Code of Ethics.

Commitment to the Highest Ethical Standards

It is a serious breach of the public trust to subvert the public procurement process by directing purchases to certain favored vendors, or to tamper with the competitive bidding process, whether it's done for kickbacks, friendship, or any other reason. Since misuse of the purchasing power of a local government carries criminal penalties, and many such misuses are from a lack of clear guidelines about what constitutes an abuse of office, the Code of Ethics outlined below must be strictly followed.

The City of Rosenberg also requires ethical conduct from those who do business with the City. Contracts will contain a clause stating that any efforts to influence an employee to violate the standards of the Code are grounds to void the contract. Vendors to the government are required to certify that they will not attempt to influence any employee to violate the Code.

Statement of Procurement Policy

Public employment is a public trust. It is the policy of the City to promote and balance the objective of protecting the City's integrity and the objective of facilitating the recruitment and retention of personnel needed by the City. Such policy is implemented by prescribing essential standards of ethical conduct without creating unnecessary obstacles to entering public service.

Public employees must discharge their duties impartially so as to assure fair competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City’s procurement organization.

To achieve the purpose of this Article, it is essential that those doing business with the City also observe the ethical standards prescribed here.

General Ethical Standards

  1. Personal Gain: It shall be a breach of ethics to attempt to realize personal gain through public employment with the City of Rosenberg by any conduct inconsistent with the proper discharge of the employee's duties.
  2. Influence: It shall be a breach of ethics to attempt to influence any public employee of the City of Rosenberg to breach the standards of ethical conduct set forth in this code.
  3. Conflicts of Interest: It shall be a breach of ethics for any employee of the City of Rosenberg to participate directly or indirectly in a procurement when the employee knows that:
    1. the employee or any member of the employee's immediate family has a financial interest pertaining to the procurement;
    2. a business or organization in which the employee, or any member of the employee's immediate family, has a financial interest pertaining to the procurement; and
    3. any other person, business, or organization with whom the employee or any member of the employee's immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement.
  4. Gratuities: It shall be a breach of ethics to offer, give or agree to give any employee or former employee of the City of Rosenberg, or for any employee or former employee of the City of Rosenberg to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore pending before this government.
  5. Kickbacks: It shall be a breach of ethics for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor for any contract for the City of Rosenberg, or any person associated therewith, as an inducement for the award of a subcontract or order.
  6. Contract Clause: The prohibition against gratuities and kickbacks prescribed above shall be conspicuously set forth in every contract and solicitation, therefore.
  7. Confidential Information: It shall be a breach of ethics for any employee or former employee of the City of Rosenberg knowingly to use confidential information for actual or anticipated personal gain, or for the actual or anticipated gain of any person.

PERCEPTION IS EVERYTHING. Even if a procurement decision is sound, the method of determination should be documented and will be open to public inspection. If a decision is perceived to be less than fair to all competitors, then the perception becomes the reality to the unsuccessful bidders. And, if the opinion is that the City has “favorite companies we always do business with,” our job is to set the record straight with all who may have this complaint. It is important that awards are made based on competition and/or the best value for the City, that the reason(s) for those awards is documented and defensible, and that a decision is based on fact and made in the best interest of the City.


Effective June 29, 2007, H.B. No. 1491 of the 80th Texas Legislature requires a vendor that wishes to conduct business or be considered for business with the City of Rosenberg, Texas to file a Conflict-of- Interest Questionnaire. These forms, once completed by the vendor and submitted with vendor’s bid response, will be maintained by the Procurement Department.

Pursuant to the requirements of §176.002(a) and §176.003 of the Texas Local Government Code, vendors or respondents who meet the following criteria must fill out a Conflict-of-Interest Questionnaire no later than the seventh (7th) day after the person begins contract discussions or negotiations with the City or submit an application, response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with the City:

 A vendor or respondent that –

  1. Contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity; or
  2. is an agent of a person described above in the person’s business with a local governmental entity.

Any person who meets the criteria, as for enforcement to ensure the veracity of the vendors, the statute makes it a Class C Misdemeanor to violate the vendor disclosure provisions.

The forms required to comply with the above Government Code are available on the Ethics Commission website at:



Procurement information shall be a public record and shall be available to the public.


Copies of procurement information, subject to public access, are available to the public upon written request to the Office of the City Secretary. A charge of $.10 per page may be collected from the requesting party and shall be paid to the City of Rosenberg, TX prior to obtaining the copies.