SECTION 20.206. Procurement Methods

(a) To procure goods or services, a state agency may use the following procurement methods as further prescribed by this subchapter:

(1) competitive sealed bidding;

(2) competitive sealed proposals;

(3) proprietary purchases;

(4) emergency procurements;

(5) small purchases;

(6) requests for offers; or

(7) purchases by means of special contracting methods as otherwise specified in this subchapter.

(b) In addition to the methods described in subsection (a) of this section, a state agency may use any other method of procurement authorized by statute.

(c) Whenever possible, purchases are based on competitive bids.

(d) Negotiation of contracts, including price, is permitted for:

(1) purchases by means of competitive sealed proposals;

(2) proprietary purchases or purchases of items for which there is only one source of supply;

(3) emergency purchases when there is insufficient time to solicit bids;

(4) purchases by means of requests for offers; and

(5) proposed purchases in circumstances where the competitive solicitation has been advertised but the state agency has received only one acceptable bid, or no acceptable bids; provided, however, such negotiation may not result in a material change to the advertised specifications.

Source Note: The provisions of this §20.206 adopted to be effective January 24, 2017, 42 TexReg 233