Texas Administrative Code
Title 1 - ADMINISTRATION
Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Subchapter B - PROCUREMENT AND SPECIAL CONTRACTING METHODS
Division 1 - PROCUREMENT METHODS
Section 391.209 - Request for Proposals

Universal Citation: 1 TX Admin Code § 391.209

Current through Reg. 49, No. 38; September 20, 2024

Goods or services may be purchased through a Request for Proposals (RFP) as authorized by this section.

(1) Advertisement. Public notice of the issuance of an RFP is posted on the Electronic State Business Daily in accordance with Texas Government Code § RSA 2155.083. The solicitation must include evaluation and selection criteria and the process for making a selection.

(2) Minor irregularities in a response. HHSC may waive a minor irregularity or permit a respondent to correct a minor irregularity in a response, if the irregularity:

(A) is purely a matter of form rather than substance; and

(B) does not materially affect price, quality, or delivery of the desired goods or services.

(3) Evaluation and selection. HHSC utilizes an evaluation method which provides for:

(A) the fair consideration of proposals; and

(B) if applicable, a process for determining the competitive range.

(4) Negotiations.

(A) HHS or DFPS may discuss acceptable or potentially acceptable proposals with respondents to assess a respondent's ability to meet the solicitation requirements.

(B) After receiving a proposal but before making an award, HHS or DFPS may permit the respondent to revise its proposal to obtain the best and final offer at any stage in the evaluation or negotiation process.

(5) Award. A contract is awarded to the respondent whose proposal offers the best value for the state in accordance with Texas Government Code § RSA 2155.144.

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