| (a) For purposes of this subchapter, HHS is defined
as the Texas Health and Human Services Commission, the Texas Department
of State Health Services, the Texas Department of Family and Protective
Services, and the Texas Civil Commitment Office.
(b) A respondent may protest a solicitation, response
evaluation, or contract award if the respondent is able to specifically
identify a statutory or regulatory provision that HHS allegedly violated.
(c) This subchapter does not apply to:
(1) the award of grants or subcontracts;
(2) interagency or interlocal agreements executed in
accordance with applicable law;
(3) open enrollment contracts;
(4) rejected applications, purchases, or contract awards
in relation to HHSC's group purchasing organizations program; or
(5) direct contract awards as specified in §391.247
of this chapter (relating to Direct Contract Award).
(d) HHSC will not consider protests filed pursuant
to this subchapter as contested cases under the Administrative Procedure
Act, Texas Government Code, Chapter 2001.
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