Public Buildings and Schools

The Professional Services Procurement Act (Chapter 2254, Government Code) prohibits governmental entities from selecting architects and landscape architects on the basis of competitive bids. A governmental official seeking bids on a project may be asking architects or landscape architects to break the law by requiring competitive bids.

Related rules prohibit an architect or landscape architect from submitting information regarding professional fees, including fee schedules, to a governmental entity until after the governmental  entity has selected the architect/landscape architect on the basis of demonstrated competence and qualifications.

The important thing to remember is that as an architect or landscape architect it is your responsibility not to provide fee information to governmental entities, even if they ask. Often governmental entities will be unaware of this law, but it does not mean they are exempt—just uninformed. Governmental entities include cities, state agencies, counties, school districts, etc.