(a) Availability of method. A state agency may follow
the competitive sealed proposals procurement method to acquire goods
or services if it determines that competitive sealed bidding and informal
competitive bidding are not practical or are disadvantageous to the
state.
(b) Solicitation of proposals. A state agency shall:
(1) solicit proposals under this subchapter by making
available a request for proposals that contains all the information
needed to submit a responsive proposal, the factors other than price
that will be used to determine best value for the state, and the criteria
that will be used to evaluate factors other than price; and
(2) give public notice of the request for proposals
on the ESBD and distribute notice to the CMBL in the manner provided
in this subchapter.
(c) Opening of proposals; respondent list. A state
agency may not open proposals until the published deadline for submitting
a proposal has passed, and shall maintain a list of respondents that
submitted a proposal in response to each request for proposal.
(d) Negotiation of proposals.
(1) A state agency may discuss acceptable or potentially
acceptable proposals with a respondent to assess its ability to meet
the specifications of the solicitation. A potentially acceptable offer
is any offer which the state agency determines to be reasonably considered
for award selection. When the division is carrying out a request for
proposals, it may invite a state agency to participate in discussions
with respondents.
(2) After receiving a proposal but before making an
award, a state agency may permit the respondent to revise its proposal
one or more times to obtain the best and final offer.
(3) A state agency may not disclose information derived
from proposals or discussions with a respondent to any competing respondent
prior to award or cancellation of the solicitation.
(4) A state agency shall provide each respondent that
submitted an acceptable or potentially acceptable proposal an equal
opportunity to discuss and revise proposals.
(e) Contract award.
(1) A state agency may award a contract to the respondent
whose proposal offers the best value for the state.
(2) A state agency shall refuse all offers if none
is acceptable, and may refuse any offer that is not in the best interest
of the state.
(3) A state agency shall determine which proposal offers
the best value for the state in accordance with Government Code, §§2155.074,
2155.075 and 2156.125, as applicable.
(4) A state agency shall document and retain the reasons
for making an award in the contract file.
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