SECTION 391.207. Competitive Sealed Bidding through Invitation for Bids

The Invitation for Bids (IFB) method of formal bidding is used for procurements exceeding $25,000.

(1) Advertisement. Public notice of the issuance of an IFB is posted on the Electronic State Business Daily (ESBD) in accordance with Texas Government Code §2155.083. The solicitation must include evaluation and selection criteria and the process for making a selection.

(2) Bid evaluation.

(A) A bid containing a material failure to comply with the advertised specifications shall be rejected.

(B) HHSC may waive a minor irregularity or permit a respondent to correct a minor irregularity in a bid, if the irregularity:

(i) is purely a matter of form rather than substance; and

(ii) does not materially affect price, quality, or delivery of the desired goods or services.

(C) A bid containing a self-evident error may be withdrawn by the bidder prior to an award.

(D) Bid prices which are subject to unlimited escalation will not be considered. A bidder may offer a predetermined limit of escalation in their bid and the bid shall be evaluated based on the full amount of the escalation.

(E) Vendors may be required to provide samples for evaluation, testing, demonstration, or inspection as part of a competitive bid.

(3) Bid submission.

(A) A bid received after the bid due date and time established by the bid invitation is a late bid and shall not be considered.

(B) If an error is discovered in a bid invitation, or requirements change prior to the opening of a bid, HHSC shall post an addendum on the ESBD correcting or changing the specifications.

(4) Award. A contract is awarded to the bidder that provides best value and conforms to the advertised product or service specifications.

Source Note: The provisions of this §391.207 adopted to be effective May 12, 2021, 46 TexReg 3017; amended to be effective May 10, 2022, 47 TexReg 2732