SECTION 20.208. Competitive Sealed Proposals

(a) Availability of method. A state agency may follow the competitive sealed proposals procurement method to acquire goods or services if it determines that competitive sealed bidding and informal competitive bidding are not practical or are disadvantageous to the state.

(b) Solicitation of proposals. A state agency shall:

(1) solicit proposals under this subchapter by making available a request for proposals that contains all the information needed to submit a responsive proposal, the factors other than price that will be used to determine best value for the state, and the criteria that will be used to evaluate factors other than price; and

(2) give public notice of the request for proposals on the ESBD and distribute notice to the CMBL in the manner provided in this subchapter.

(c) Opening of proposals; respondent list. A state agency may not open proposals until the published deadline for submitting a proposal has passed, and shall maintain a list of respondents that submitted a proposal in response to each request for proposal.

(d) Negotiation of proposals.

(1) A state agency may discuss acceptable or potentially acceptable proposals with a respondent to assess its ability to meet the specifications of the solicitation. A potentially acceptable offer is any offer which the state agency determines to be reasonably considered for award selection. When the division is carrying out a request for proposals, it may invite a state agency to participate in discussions with respondents.

(2) After receiving a proposal but before making an award, a state agency may permit the respondent to revise its proposal one or more times to obtain the best and final offer.

(3) A state agency may not disclose information derived from proposals or discussions with a respondent to any competing respondent prior to award or cancellation of the solicitation.

(4) A state agency shall provide each respondent that submitted an acceptable or potentially acceptable proposal an equal opportunity to discuss and revise proposals.

(e) Contract award.

(1) A state agency may award a contract to the respondent whose proposal offers the best value for the state.

(2) A state agency shall refuse all offers if none is acceptable, and may refuse any offer that is not in the best interest of the state.

(3) A state agency shall determine which proposal offers the best value for the state in accordance with Government Code, §§2155.074, 2155.075 and 2156.125, as applicable.

(4) A state agency shall document and retain the reasons for making an award in the contract file.

Source Note: The provisions of this §20.208 adopted to be effective January 24, 2017, 42 TexReg 233; amended to be effective May 1, 2022, 47 TexReg 2558