(a) Procurement method. The local authority must develop
and enforce procurement procedures that comply with this subchapter.
(1) Goods and non-community services. The local authority
must acquire goods and non-community services by any procurement method
described in the Uniform Grant and Contracts Management Standards
(UGMS), Section __.36(d), that provides the best value to the local
authority.
(2) Community services. The local authority must acquire
community services by a procurement method described in this subchapter
that provides the best value to the local authority. All community
services must be procured competitively in accordance with §412.58
of this title (relating to Competitive Procurement of Community
Services Contracts) unless the local authority determines that the
community service(s):
(A) can be procured non-competitively in accordance
with §412.59 of this title (relating to Non-competitive Procurement
of Community Services Contracts); or
(B) should be procured through open enrollment in accordance
with §412.60 of this title (relating to Open Enrollment).
(b) Relevant factors. The local authority must consider
all relevant factors in determining best value, which may include:
(1) any installation cost;
(2) the delivery terms;
(3) the quality and reliability of the respondent's
goods or services;
(4) the extent to which the goods or services meet
the local authority's needs;
(5) indicators of probable respondent performance under
the contract, such as past offeror performance, the respondent's financial
resources and ability to perform, the respondent's experience and
responsibility, and the respondent's ability to provide reliable maintenance
agreements;
(6) the impact on the ability of the local authority
to comply with laws and rules relating to historically underutilized
businesses or relating to the procurement of goods and services from
persons with disabilities;
(7) the total long term cost to the local authority
of acquiring the respondent's goods or services;
(8) the cost of any employee training associated with
the acquisition;
(9) the effect of an acquisition on the local authority's
productivity;
(10) the acquisition price;
(11) whether the respondent can perform the contract
or provide the service(s) within the contract term, without delay
or interference;
(12) the respondent's history of compliance with the
laws relating to its business operations and the affected service(s)
and whether it is currently in compliance;
(13) whether the respondent's financial resources are
sufficient to perform the contract and to provide the service(s);
(14) whether necessary or desirable support and ancillary
services are available to the respondent;
(15) the character, responsibility, integrity, reputation,
and experience of the respondent;
(16) the quality of the facilities and equipment available
to or proposed by the respondent;
(17) the ability of the respondent to provide continuity
of services;
(18) the ability of the respondent to meet all applicable
written policies, principles, and regulations; and
(19) any other factor relevant to determining the best
value for the local authority in the context of a particular acquisition.
(c) Award. All contracts must be awarded based on
best value, as determined by considering all relevant factors.
(d) Renewal of community services contracts. The local
authority may renew a community services contract only if the contract
meets best value as determined by considering all relevant factors.
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Source Note: The provisions of this §301.9 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 |