1 Tex. Admin. Code § 391.247 - Direct Contract Award
(a) Texas HHSC Office
of Inspector General (OIG) direct contract award. If HHS does not receive any
responsive proposals on a competitive solicitation for the services of a
qualified expert to review investigative findings under Texas Government Code
§
544.0104(b)
or §
544.0105(b),
HHS may instead award contracts that are not subject to competitive advertising
and proposal evaluation requirements. HHS may negotiate with and award a
contract to a qualified expert based on:
(1)
the contractor's agreement to set a fee (range or lump-sum); and
(2) the contractor's affirmation and the
OIG's verification that the contractor has the necessary occupational licenses
and experience.
(b) OIG
direct contract awards not subject to competitive advertising. In accordance
with Texas Government Code §
544.0106(b),
and notwithstanding Texas Government Code §
2155.083 and §
2261.051, a contract
awarded under subsection (a) of this section is not subject to competitive
advertising and proposal evaluation requirements.
(c) HHSC state operated facilities direct
contract award. If HHSC does not receive any responsive competitive bids or
proposals in response to a solicitation for goods or services for a state
hospital or a state supported living center as defined by Texas Health and
Safety Code §
531.002, HHSC,
after the procurement director makes a written determination that competition
is not available, may negotiate with and award a contract to any qualified
vendor who meets the requirements of the original solicitation. The contract
must be at current market value price and the term may not exceed five
years.
(d) Direct contract award
for professional services of physicians, optometrists, and registered nurses.
If procuring services in connection with professional employment or practice of
a physician, optometrist, or registered nurse as defined by Texas Government
Code §
2254.002(2)(B)(v),
(vi), or (ix) and the number of contracts is
not otherwise limited, HHS, DFPS, and TCCO may make the selection and award
based on:
(1) the provider's agreement to a
set fee, as a range or lump sum amount; and
(2) the provider's affirmation and the HHS,
DFPS, or TCCO's verification that the provider has the necessary occupational
licenses and experience.
(e) Professional services for physicians,
optometrists, and registered nurses not subject to competitive advertising. In
accordance with Texas Government Code §
2254.008, and
notwithstanding Texas Government Code §
2155.083 and §
2261.051, a contract
awarded under subsection (d) of this section is not subject to competitive
advertising and proposal evaluation requirements.
Notes
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