Section 391.201 - Procurement Methods(a) To acquire goods or services under this subchapter , HHSC, on behalf of HHS and DFPS, may use the following procurement and contracting methods as specified in this subchapter:(4) Request for Proposals;(5) Request for Qualifications;(7) proprietary purchase;(10) special contracting methods as otherwise specified in this subchapter.(b) In addition to the methods described in subsection (a) of this section, HHSC may use any other method of procurement or contracting method authorized by statute.(c) Negotiation of contracts, including price, is permitted for:(1) purchases by means of Request for Proposals;(2) purchases by means of Request for Qualifications;(3) purchases by means of Request for Offers;(4) proprietary purchases;(6) purchases in circumstances where competitive bidding through informal bidding or an Invitation for Bids has been advertised, but HHSC receives only one acceptable bid, or bids that would otherwise not be acceptable but due to the circumstances may be treated as a proposal subject to negotiation. However, such negotiation may not result in a material change to the advertised specifications; and(7) direct contract awards as specified in § 391.247 of this subchapter (relating to Direct Contract Award).(d) In case of tie bids or proposals which cannot be resolved by application of one or more purchase preferences, an award shall be made by drawing of lots, tossing a coin, or drawing of names with two witnesses present.1 Tex. Admin. Code § 391.201
Adopted by Texas Register, Volume 40, Number 24, June 12, 2015, TexReg 3636, eff. 6/17/2015; Adopted by Texas Register, Volume 46, Number 19, May 7, 2021, TexReg 3022, eff. 5/12/2021; Amended by Texas Register, Volume 47, Number 18, May 6, 2022, TexReg 2733, eff. 5/10/2022