SECTION 2.59. Non-competitive Procurement of Community Services

(a) Determination. The local authority may procure community services non-competitively only if:

(1) the procurement is pursuant to the Texas Health and Safety Code, §533.017;

(2) the services are proprietary to a single source or only one source can or will provide the service;

(3) the services will be provided by a governmental entity;

(4) there exists an emergency situation in which a delay may result in harm to a consumer who is to receive the community service;

(5) the services are for less than $5000 and the total amount was not divided to qualify for a non-competitive procurement; or

(6) a competitive procurement was attempted and either no qualified response or only one qualified response was received.

(b) Award. The award of a contract procured non-competitively must be made in accordance with §412.55(c) of this title (relating to Contract Procurement).

Source Note: The provisions of this §2.59 adopted to be effective April 22, 2001, 26 TexReg 2845; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841