| (a) Purpose. To establish procurement and contracting
standards for purchases made in connection with group purchasing organizations
(GPOs).
(b) Authority. HHS and DFPS may acquire goods and services
from GPOs in accordance with Texas Government Code §2155.144
and §2155.1441. HHSC may utilize GPOs to acquire health care
goods and services that are used in support of the agency's health
care programs. HHSC will make purchases that provide best value for
the state in consideration of all relevant factors for the purchase.
(c) Standards that GPOs must meet to be an HHSC-approved
GPO:
(1) established organization with a value-added portfolio
of contracts;
(2) transparent and competitive procurement process;
(3) best value evaluation and award criteria;
(4) contract management program; and
(5) historically underutilized businesses policy.
(d) Advertisement. Each September HHSC posts application
documents and instructions to the Electronic State Business Daily
(ESBD) for 30 days to invite business entities to seek approval to
become an HHSC-approved GPO. HHSC, in its sole discretion, may decline
to post or accept application documents if it determines that a business
need does not exist for contracting with additional GPOs.
(e) Application review. HHSC reviews submitted applications
to determine if applications meet HHSC approval standards. The application
review may also involve in-person or virtual interviews. HHSC may
request additional information or documentation from the business
entity during application review.
(f) Approval and term. No later than January 1 of each
year, HHSC posts a list of entities to the ESBD that have been approved
to contract with HHSC as a GPO. Approved GPO status will remain effective
for a term of five years unless HHSC, in its sole discretion, determines
the GPO no longer meets approval standards.
(g) Rejected applicants. No later than January 1 of
each year, rejected applicants will be contacted to inform the applicant
of the reasons the application did not meet HHSC's approval standards.
Applicants that fail to receive approval may apply the following year.
(h) Competition thresholds.
(1) Purchases may be made directly through any approved
GPO affiliated with, operated by, or as an extension of a unit of
any state or the federal government of the United States, without
engaging in formal competition regardless of the amount of the purchase.
(2) Purchases may be made directly through approved
GPOs if the value of the purchase is $50,000 or less.
(3) For purchases with a value greater than $50,000
up to $1,000,000, three quotes must be obtained from approved GPOs
in the same category.
(A) If there are only two vendors in a category, quotes
from both vendors must be obtained.
(B) If there is only one vendor in a category, this
must be documented in the procurement file, and the purchase can be
made without further justification.
(4) For purchases with a value greater than $1,000,000
but less than $5,000,000, six quotes must be obtained from approved
GPOs in the same category.
(A) If there are less than six vendors in a category,
quotes from all available vendors must be obtained.
(B) If there is only one vendor in a category, this
must be documented in the procurement file, and the purchase can be
made without further justification.
(5) Purchases valued at $5,000,000 or greater may not
be made through a GPO without first obtaining written approval from
the Deputy Executive Commissioner of Procurement and Contracting Services.
|
