SECTION 260.305. Requirements for Bids for an Adaptive Aid

(a) For an adaptive aid that costs $500 or more, a program provider must:

(1) obtain comparable bids for the requested adaptive aid from three vendors; and

(2) ensure the vendors are not related to the individual.

(b) A program provider must ensure a bid obtained in accordance with subsection (a) of this section includes:

(1) the total cost of the requested adaptive aid, which may be from a catalog, website, or brochure price list;

(2) the amount of any additional expenses related to the delivery of the adaptive aid, to include warranty, shipping and handling, taxes, installation, and other labor charges;

(3) the date of the bid, which must be within 30 calendar days before the date of the service planning team meeting at which the adaptive aid was recommended;

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

(5) for an adaptive aid other than interpreter services and specialized training for augmentative communication programs, a complete description of the adaptive aid and any associated items or modifications, which may include pictures or other descriptive information from a catalog, website, or brochure; and

(6) for interpreter services and specialized training for augmentative communication programs, the number of hours to be provided and the hourly rate of the service.

(c) A program provider may obtain only one bid or two comparable bids for an adaptive aid if the program provider provides written documentation that the adaptive aid is available only from those vendors.

(d) A program provider must choose the lowest bid unless the program provider has written documentation that justifies selection of the higher bid, other than personal preference. The following are examples of justifications that support payment of a higher bid:

(1) the higher bid is based on the inclusion of a longer warranty for the adaptive aid; and

(2) the higher bid is from a vendor that is more accessible to the individual than another vendor.

(e) If the adaptive aid is a vehicle modification, a program provider must obtain written approval from the vehicle's owner before making the modification. The owner must sign and date the approval.

(f) A program provider must ensure the specifications for a vehicle modification include:

(1) information on the vehicle to be modified, including:

(A) the year and model of the vehicle;

(B) a determination that the vehicle to be modified is the individual's primary vehicle;

(C) proof of ownership of the vehicle;

(D) current state inspection and registration for the vehicle;

(E) any required state insurance for the vehicle; and

(F) the mileage of the vehicle; and

(2) information on the needed modifications, including;

(A) an itemized list of parts and accessories, including prices;

(B) an itemized list of required labor, including labor charges; and

(C) warranty coverage.

(g) If a vehicle modification costs $1,000 or more and the vehicle has been driven more than 75,000 miles or is over four years old, a program provider must:

(1) obtain a written evaluation by an Automotive Service Excellence certified technician to ensure the sound mechanical condition of all major components of the vehicle;

(2) document the experience of the mechanic doing the evaluation; and

(3) include the actual cost of the written evaluation as part of the invoice cost not to exceed $150.

Source Note: The provisions of this §260.305 adopted to be effective February 26, 2023, 48 TexReg 896