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TITLE 1ADMINISTRATION
PART 15TEXAS HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 391PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION
SUBCHAPTER BCONTRACTS
RULE §391.205Noncompetitive Procurement

(a) General. HHSC may acquire goods or services on a noncompetitive basis as described in this section.

(b) Exception to competitive purchasing. HHSC may utilize a noncompetitive procurement method if the purchase consists of one or more of the following transactions:

  (1) sole source, consistent with guidance from the Comptroller of Public Accounts;

  (2) proprietary purchase, consistent with guidance from the Comptroller of Public Accounts;

  (3) emergency purchase:

    (A) The emergency underlying the purchase must be documented and justified in the procurement file.

    (B) Despite the existence of a justified emergency, HHSC must use its best efforts to conduct the procurement with as much competition as is practical under the circumstances;

  (4) purchase from preferred supplier;

  (5) an enrollment contract:

    (A) An open enrollment must be conducted in an open and fair manner that reasonably provides interested, qualified vendors equal opportunity to obtain a contract or do business with HHSC; and

    (B) An open enrollment must include contract terms and conditions or other policies adopted by HHSC and provided to the vendor that establish the manner in which individual transactions will be processed;

  (6) intergovernmental transfer;

  (7) contract renewal consistent with the underlying procurement;

  (8) a purchase is required by state or federal law to be awarded on a noncompetitive basis;

  (9) a purchase for an amount of not more than $5000.

(c) Noncompetitive negotiation. HHSC may conduct a noncompetitive negotiation if it:

  (1) conducts a transaction under a noncompetitive purchasing method; or

  (2) receives only one qualified response to a solicitation issued under a competitive purchasing method.


Source Note: The provisions of this §391.205 adopted to be effective June 17, 2015, 40 TexReg 3632

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