SECTION 7.54. Procurement

(a) With the exception of construction contracts, TDMHMR must acquire goods and services by a method approved by the Health and Human Services Commission (HHSC) that provides the best value to TDMHMR. Acquisition of goods and services must be in accordance with:

(1) the Texas Government Code, §2155.144;

(2) Health and Human Services Commission rules, 1 TAC, Part 15, Chapter 391, governing Purchase of Goods and Services by Health and Human Services Agencies; and

(3) this subchapter.

(b) Pursuant to §391.109(13) of Title 1 (relating to Exceptions to Competitive Procurement Methods), TDMHMR may waive competitive procurement requirements for purchases of less than $100,000 if there is a demand of such urgency for the goods or services that a delay in purchasing would cause operational or financial harm.

(c) As required in §391.165(b) of Title 1 (relating to Streamlined Purchasing Standards), TDMHMR's threshold for streamlined purchases is $10,000.

(d) TDMHMR must comply with the Uniform Grant Management Standards, promulgated by the Governor's Office of Budget and Planning, pursuant to the Texas Government Code, Chapter 783, and 1 TAC, Part 1, Chapter 5, Subchapter A, Division 4, when providing financial assistance to a unit of local government or when providing block grants to a business entity.

(e) To increase purchases and contract awards to historically underutilized businesses, TDMHMR adopts by reference rules of the General Services Commission (GSC) contained in 1 TAC, Part 5, Chapter 111, §§111.11 - 111.27 (relating to Historically Underutilized Business Program).

(f) Pursuant to the Texas Government Code, §2155.083, all procurement opportunities over $25,000 must be posted on the Texas Marketplace/Electronic State Business Daily.

(g) TDMHMR may reject any or all responses or any part of a response. TDMHMR reserves the right to cancel a solicitation without award for any reason or for no reason.

(h) Upon written request by an unsuccessful respondent, TDMHMR will provide an explanation of the reason(s) why the respondent's response was not selected for award.

Source Note: The provisions of this §7.54 adopted to be effective July 1, 2001, 26 TexReg 4719; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841