| (a) Texas HHSC Office of Inspector General (OIG) direct
contract award. If HHS does not receive any responsive proposals on
a competitive solicitation for the services of a qualified expert
to review investigative findings under Texas Government Code §531.102(l)
or §531.102(m), HHS may instead award contracts that are not
subject to competitive advertising and proposal evaluation requirements.
HHS may negotiate with and award a contract to a qualified expert
based on:
(1) the contractor's agreement to set a fee (range
or lump-sum); and
(2) the contractor's affirmation and the OIG's verification
that the contractor has the necessary occupational licenses and experience.
(b) OIG direct contract awards not subject to competitive
advertising. In accordance with Texas Government Code §531.102(m-1)
and §531.102(m-2), and notwithstanding Texas Government Code §2155.083
and §2261.051, a contract awarded under subsection (a) of this
section is not subject to competitive advertising and proposal evaluation
requirements.
(c) HHSC state operated facilities direct contract
award. If HHSC does not receive any responsive competitive bids or
proposals in response to a solicitation for goods or services for
a state hospital or a state supported living center as defined by
Texas Health and Safety Code §531.002, HHSC, after the procurement
director makes a written determination that competition is not available,
may negotiate with and award a contract to any qualified vendor who
meets the requirements of the original solicitation. The contract
must be at current market value price and the term may not exceed
five years.
(d) Direct contract award for professional services
of physicians, optometrists, and registered nurses. If procuring services
in connection with professional employment or practice of a physician,
optometrist, or registered nurse as defined by Texas Government Code §2254.002(2)(B)(v),
(vi), or (ix) and the number of contracts is not otherwise limited,
HHS, DFPS, and TCCO may make the selection and award based on:
(1) the provider's agreement to a set fee, as a range
or lump sum amount; and
(2) the provider's affirmation and the HHS, DFPS, or
TCCO's verification that the provider has the necessary occupational
licenses and experience.
(e) Professional services for physicians, optometrists,
and registered nurses not subject to competitive advertising. In accordance
with Texas Government Code §2254.008, and notwithstanding Texas
Government Code §2155.083 and §2261.051, a contract awarded
under subsection (d) of this section is not subject to competitive
advertising and proposal evaluation requirements.
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