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 391.215 - Proprietary Purchases
Universal Citation: 1 TX Admin Code ยง 391.215
Current through Reg. 49, No. 38; September 20, 2024
(a) Prior to conducting a proprietary purchase greater than $10,000 , a written justification for the use of proprietary specifications or conditions must be completed. The justification must include the following information to document best value to the state.
(1) A description of
the goods or services to be purchased and a statement regarding the business
need and planned use.
(2) An
explanation of why the specifications for the goods or services are written as
they are, and why those specifications are necessary to accomplish the goal for
the procurement.
(3) An explanation
of the reason that no other competing goods or services will satisfy the need
and provide examples of the technical, practical, or operational risks that
would occur if competing goods or services are selected.
(4) A statement specifying whether the
purchase is:
(A) sole source; or
(B) competitive, meaning the specified goods
or services are available for purchase through more than one vendor.
(b) A solicitation for a proprietary purchase greater than $25,000 must be posted to the Electronic State Business Daily for a minimum of 14 calendar days.
(c) No competitive bidding is required if the total value of the proprietary sole source contract is $25,000 or less.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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