SECTION 259.279. Bid Requirements for a Minor Home Modification

(a) As required by §259.275(d)(2)(A) of this division (relating to Requirements for Authorization to Purchase a Minor Home Modification), for a minor home modification costing more than $1,000, a DSA must obtain comparable bids for the minor home modification from three vendors. Comparable bids describe the minor home modification and any associated installations identified in the specifications required by §259.275(d)(1) of this division.

(b) A bid obtained in accordance with subsection (a) of this section must be based on the specifications and include:

(1) an itemized list of materials and labor necessary to construct the modification;

(2) the cost of each material and labor listed;

(3) the date of the bid;

(4) the name, address, and telephone number of the vendor;

(5) a detailed explanation of the vendor's warranty for the modification, if any; and

(6) a statement that the minor home modification will be made in accordance with all applicable state and local building codes.

(c) A DSA may obtain only one bid or two comparable bids for a minor home modification if the DSA has written justification for obtaining less than three bids because the minor home modification is available from a limited number of vendors.

(d) If a DSA requests to purchase a minor home modification that is not based on the lowest bid, the DSA must have written justification for payment of a higher bid. An example of a justification that supports payment of a higher bid is that the higher bid is based on the inclusion of a longer warranty for the minor home modification.

(e) The person who developed the specifications required by §259.275(d)(1) of this division may be one of the bidders required by this section.

(f) A DSA may not disclose information regarding a submitted bid to any other vendor who has submitted a bid or to a vendor who may submit a bid.

Source Note: The provisions of this §259.279 adopted to be effective January 30, 2023, 48 TexReg 362