(a) The local authority is prohibited from amending
a community services contract:
(1) to increase the contract amount by more than 25%;
or
(2) to add a new community service unless the contract
was procured through open enrollment.
(b) Upon written request by an unsuccessful respondent,
the local authority must provide information concerning why the respondent's
response was not selected for award.
(c) The local authority must develop written procedures
that provide respondents an opportunity to protest a contract award.
(1) The procedures must allow respondents to protest
matters relating to:
(A) alleged conflict of interests;
(B) alleged failure of the local authority to comply
with statute or rule; and
(C) alleged failure of the local authority to comply
with its procurement procedures.
(2) The procedures must describe the local authority's
process for reviewing and resolving protests.
(d) The local authority must maintain for five years
or until the end of any litigation concerning the contract the following
contract management documentation:
(1) justification for non-competitive procurement as
permitted in §412.59(a) of this title (relating to Non-competitive
Procurement of Community Services Contracts), if applicable;
(2) the solicitation and any modifications or revisions
made to the solicitation;
(3) all responses to the solicitation and any modifications
or revisions made to such responses;
(4) the evaluations of all responses and evidence that
the local authority considered all relevant factors;
(5) written correspondence between the local authority
and respondents prior to contract award;
(6) optional or required credentials (certifications,
licenses, accreditations), if any;
(7) written protests, if any, and their disposition;
(8) the executed contract;
(9) written correspondence between the local authority
and the contractor concerning the contractor's performance; and
(10) copies of any audits performed or required by
the local authority.
|
Source Note: The provisions of this §301.11 adopted to be effective April 22, 2001, 26 TexReg 2845; transferred effective August 15, 2024, as published in the July 19, 2024, issue of the Texas Register, 49 TexReg 5361 |