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RULE §9.34Non-federal Process

  (2) The RFP will state whether an interview will be required as part of the short list evaluation. The department will issue an Interview and Contract Guide (ICG) to each short-listed prime provider. The ICG will provide contract information and specify the requirements for the interview.

  (3) The CST will evaluate the interviews according to the criteria specified in the ICG.

(j) Selection.

  (1) Basis of final selection.

    (A) If interviews are required, the CST will select the best qualified provider, as indicated by the interview scores.

    (B) If interviews are not required, the CST will select the best qualified provider, as indicated by the proposal scores.

  (2) Tie scores. The PEPS Division Director will break a tie using the following method.

    (A) The first tie breaker will be the scores for:

      (i) the interview criterion with the highest RIF; or

      (ii) if interviews are not required, the proposal criterion with the highest RIF.

    (B) The remaining criteria shall be compared in the order of decreasing RIF until the tie is broken.

    (C) If the providers have identical scores on all of the criteria, the provider will be chosen by random selection.

  (3) Notification. The department will:

    (A) provide written notification to the prime provider selected for contract negotiation and arrange a meeting to begin contract negotiations;

    (B) provide written notification to each short-listed prime provider that was not selected, notifying the provider of the non-selection; and

    (C) publish the short list and the selected provider on a web-based bulletin board.

  (4) Appeal. A provider may file a written appeal concerning the selection process with the executive director or the executive director's designee as provided under §9.7 of this chapter (relating to Protest of Contract Practices or Procedures).

Source Note: The provisions of this §9.34 adopted to be effective February 21, 2013, 38 TexReg 994; amended to be effective October 17, 2013, 38 TexReg 7122; amended to be effective April 16, 2015, 40 TexReg 2098; amended to be effective July 20, 2016, 41 TexReg 5248; amended to be effective February 15, 2017, 42 TexReg 569; amended to be effective June 20, 2019, 44 TexReg 2957; amended to be effective November 17, 2021, 46 TexReg 7806

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