(a) Determination. The local authority may issue a Request for Applications (RFA) to procure community services through open enrollment in accordance with this section.
(b) Solicitation.
  (1) The local authority must publish in a local newspaper or professional association newsletter an RFA Notice to providers of all community services the local authority intends to procure through open enrollment. In addition, the local authority must continuously and prominently display such RFA Notice at the local authority's administrative office(s). At least once every two years the local authority must publish in a local newspaper or professional association newsletter an RFA Notice to providers of all community services currently procured through open enrollment. The RFA Notice must include:
    (A) a brief description of the types of community services the local authority intends to procure through open enrollment;
    (B) the geographic area to be served;
    (C) the procedure for obtaining an application; and
    (D) the date and time by which applications must be submitted, if any.
  (2) A local authority must provide an application to each business entity that requests one. An RFA must include:
    (A) a detailed description of each type of community service the local authority intends to procure through open enrollment, the consumer eligibility criteria, and all other information included in the RFA Notice;
    (B) the rate of payment for each type of community service and the method used to determine that rate;
    (C) a detailed description of the information to be included in an application;
    (D) instructions for the submission of applications;
    (E) respondents eligibility requirements for contract award (e.g., credentials for providing the community service(s), such as applicable certifications, licenses; evidence of compliance or ability to comply with relevant TDMHMR rules; evidence of accessibility; evidence of providing quality services; evidence of financial solvency; and evidence of liability insurance); and
    (F) assurances that:
      (i) the respondent is not currently held in abeyance or barred from the award of a federal or state contract; and
      (ii) the respondent is currently in good standing for state tax, pursuant to the Texas Business Corporation Act, Texas Civil Statutes, Article 2.45.
  (3) An application must include the following information:
    (A) the respondent's name, address, telephone number, and type of business entity;
    (B) all information required in paragraph (2)(C), (E), and (F) of this subsection; and
    (C) a statement that the respondent agrees to provide the specified community service(s) at the rate of payment described in the RFA.
(c) Award.
  (1) The local authority may obtain clarification or confirmation of information submitted in an application.
  (2) The local authority must award a contract to all respondents whose applications are complete and who meet all requirements specified in the RFA.
  (3) All contracts for each type of community service provided through open enrollment must contain the same contract term, conditions, provisions, and requirements, including a statement that the contractor is prohibited from:
    (A) offering any gift with a value in excess of $10 to potential consumers; and
    (B) soliciting potential consumers through direct-mail or by telephone.

Source Note: The provisions of this §2.60 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