SECTION 391.241. Contracting and Delivery Procedures for Construction

(a) Authority. HHSC may purchase construction and construction related services, including new construction, renovation, remodeling, repair, or maintenance work, and deferred maintenance as authorized by Texas Government Code §2155.144, Texas Government Code, Chapter 2254, and Texas Government Code, Chapter 2269.

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

(c) Evaluation and selection. HHSC develops and advertises an evaluation method which provides for:

(1) the fair consideration of proposals; and

(2) if applicable, a process for determining the competitive range.

(d) Negotiations and value engineering.

(1) HHSC may discuss acceptable or potentially acceptable proposals with respondents to assess a respondent's ability to meet the solicitation requirements.

(2) After receiving a proposal but before making an award, HHSC may permit the respondent to revise the proposal to obtain the best and final offer at any stage in the evaluation, negotiation, or value engineering process.

(e) Award. A contract is awarded to the respondent or respondents whose proposals offer the best value for the state in accordance with Texas Government Code §2155.144.

Source Note: The provisions of this §391.241 adopted to be effective May 12, 2021, 46 TexReg 3017; amended to be effective May 10, 2022, 47 TexReg 2732