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 §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 §2155.144.
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