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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 301LOCAL AUTHORITY RESPONSIBILITIES
SUBCHAPTER ACONTRACTS MANAGEMENT FOR LOCAL AUTHORITIES
RULE §301.17Non-competitive Procurement of Community Services

(a) Determination. The local authority may procure community services non-competitively only if:

  (1) the procurement is pursuant to the Texas Health and Safety Code, §533.017;

  (2) the services are proprietary to a single source or only one source can or will provide the service;

  (3) the services will be provided by a governmental entity;

  (4) there exists an emergency situation in which a delay may result in harm to a consumer who is to receive the community service;

  (5) the services are for less than $5000 and the total amount was not divided to qualify for a non-competitive procurement; or

  (6) a competitive procurement was attempted and either no qualified response or only one qualified response was received.

(b) Award. The award of a contract procured non-competitively must be made in accordance with §412.55(c) of this title (relating to Contract Procurement).


Source Note: The provisions of this §301.17 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

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