| (a) To acquire goods or services under this subchapter,
HHSC, on behalf of HHS and DFPS, may use the following procurement
and contracting methods as specified in this subchapter:
(1) spot purchase;
(2) informal bidding;
(3) Invitation for Bids;
(4) Request for Proposals;
(5) Request for Qualifications;
(6) Request for Offers;
(7) proprietary purchase;
(8) emergency purchase;
(9) reverse auction; or
(10) special contracting methods as otherwise specified
in this subchapter.
(b) In addition to the methods described in subsection
(a) of this section, HHSC may use any other method of procurement
or contracting method authorized by statute.
(c) Negotiation of contracts, including price, is permitted
for:
(1) purchases by means of Request for Proposals;
(2) purchases by means of Request for Qualifications;
(3) purchases by means of Request for Offers;
(4) proprietary purchases;
(5) emergency purchases;
(6) purchases in circumstances where competitive bidding
through informal bidding or an Invitation for Bids has been advertised,
but HHSC receives only one acceptable bid, or bids that would otherwise
not be acceptable but due to the circumstances may be treated as a
proposal subject to negotiation. However, such negotiation may not
result in a material change to the advertised specifications; and
(7) direct contract awards as specified in §391.247
of this subchapter (relating to Direct Contract Award).
(d) In case of tie bids or proposals which cannot be
resolved by application of one or more purchase preferences, an award
shall be made by drawing of lots, tossing a coin, or drawing of names
with two witnesses present.
|
