Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 301 - LOCAL AUTHORITY RESPONSIBILITIES
Subchapter A - CONTRACTS MANAGEMENT FOR LOCAL AUTHORITIES
Section 301.15 - Competitive Procurement Methods for Community Services
Universal Citation: 26 TX Admin Code ยง 301.15
Current through Reg. 49, No. 52; December 27, 2024
Competitive procurement methods for community services are as follows.
(1) Informal solicitation.
(A) Determination. The local authority may
competitively procure community services through informal solicitation if the
contract amount does not exceed $25,000.
(B) Solicitation.
(i) The local authority must solicit business
entities that provide the type of community service(s) being procured and
attempt to obtain at least three responses for the service's specifications.
Solicitation and responses may be oral, written, or electronic.
(ii) Documentation for informal solicitation
must include:
(I) the names and telephone
numbers of the business entities contacted and the date of contact;
(II) the specifications for the community
service(s); and
(III) all
responses.
(C)
Award. The award of a contract procured through informal solicitation is made
in accordance with §
412.55(c)
of this title (relating to Contract Procurement).
(2) Request for proposals (RFP).
(A) Determination. The local authority may
competitively procure community services through an RFP.
(B) Solicitation.
(i) The local authority must make a
reasonable effort to give notice of its intent to contract for community
services to providers of the community service(s) in the authority's local
service area. The local authority must publish an RFP Notice in a local
newspaper or professional association newsletter or announce by direct mail to
all known providers of those community service(s) at least 10 calendar days,
but not more than 90 calendar days, prior to the due date for the submission of
proposals. An RFP Notice must include:
(I)
the contract term;
(II) a general
description of the community service(s) to be purchased;
(III) the geographic area to be
served;
(IV) any limitations on who
may submit a proposal;
(V) the
procedures for obtaining an RFP; and
(VI) the date and time by which proposals
must be received by the local authority.
(ii) The local authority must provide an RFP
to each business entity that requests one. The local authority may not restrict
competition by unreasonably eliminating or limiting participation in the
procurement process. An RFP must include:
(I)
a detailed description of the community service(s) to be purchased, the
consumer eligibility criteria, and all other information included in the RFP
Notice;
(II) the approximate number
of consumers to be served pursuant to the contract;
(III) method of payment;
(IV) a detailed description of information to
be included in a proposal;
(V)
instructions for the submission of questions concerning the
procurement;
(VI) instructions for
the submission of proposals;
(VII)
respondent eligibility requirements for contract award (e.g., credentials for
providing the community service(s), such as applicable certifications,
licenses; evidence of compliance or ability to comply with relevant TDMHMR
rules; evidence of accessibility; evidence of financial solvency; and evidence
of liability insurance);
(VIII)
assurances that:
(-a-) the respondent has no
conflict of interest and meets the standards of conduct requirements pursuant
to §
412.54(c)
of this title (relating to Accountability);
(-b-) the respondent is not currently held in
abeyance or barred from the award of a federal or state contract; and
(-c-) the respondent is not delinquent in a
tax owed the state under Chapter 171, Tax Code, pursuant to the Texas Business
Corporation Act, Texas Civil Statutes, Article 2.45;
(IX) the criteria for evaluation of proposals
and contract award; and
(X) all
relevant factors the local authority will use to determine best
value.
(iii) A proposal
must include:
(I) the respondent's name,
address, telephone number, and type of business entity; and
(II) all information required in paragraphs
(2)(B)(ii)(IV), (VII), and (VIII) of this subsection.
(iv) Changes to an RFP may be made by the
local authority prior to the date designated for submission of proposals if
everyone who has obtained an RFP is notified of the changes and is provided
equal opportunity to respond.
(v)
The local authority must keep all information contained in proposals
confidential until a contract has been awarded.
(vi) Any changes to a proposal must be made
by the respondent in writing and must be received by the local authority prior
to the submission date and time.
(vii) The local authority may validate any
information in a proposal by using outside sources or materials.
(C) Award.
(i) For a proposal to be considered for
award, the respondent must follow the instructions and meet the requirements
specified in the RFP.
(ii) After
the proposal submission date, the local authority may obtain clarification or
confirmation of information submitted in a proposal if such information is
necessary to complete the award process; however, no respondent may be given
information which would give that respondent a competitive advantage over any
other respondent.
(iii)
Negotiations may be conducted with a respondent to complete the procurement
process or to complete an evaluation of a proposal.
(I) If only one proposal is received that may
be considered for award, the local authority and the respondent may negotiate
the contract requirements as necessary to complete the procurement
process.
(II) If more than one
proposal is received that may be considered for award, the local authority may
negotiate to further evaluate proposals and to select one or more respondents
for award; however, no respondent may be given information which will give that
respondent a competitive advantage over any other respondent.
(iv) The award of a contract
procured through an RFP must be made in accordance with §
412.55(c)
of this title (relating to Contract Procurement).
(v) The local authority may cancel an RFP
without award.
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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