SECTION 260.323. Bid Requirements for a Minor Home Modification

(a) For a minor home modification that costs $1,000 or more, a program provider 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 §260.319 of this division (relating to Requesting Authorization to Purchase a Minor Home Modification that Costs $1,000 or More).

(b) A program provider must obtain bids that:

(1) are based on the specifications obtained in accordance with §260.321 of this division (relating to Specifications for a Minor Home Modification); and

(2) include:

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

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

(C) the date of the bid;

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

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

(F) a statement that the vendor will make the minor home modification in accordance with the specifications obtained in accordance with §260.321 of this division and all applicable state and local building codes.

(c) A program provider may obtain only one bid or two comparable bids for a minor home modification if the program provider provides written documentation that the minor home modification 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. 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 §260.321 of this division may be one of the bidders required by this section.

Source Note: The provisions of this §260.323 adopted to be effective February 26, 2023, 48 TexReg 896