(a) To acquire goods or services under this subchapter, HHSC, on behalf of HHS and DFPS, may use the following procurement and contracting methods as specified in this subchapter:
  (1) spot purchase;
  (2) informal bidding;
  (3) Invitation for Bids;
  (4) Request for Proposals;
  (5) Request for Qualifications;
  (6) Request for Offers;
  (7) proprietary purchase;
  (8) emergency purchase;
  (9) reverse auction; or
  (10) special contracting methods as otherwise specified in this subchapter.
(b) In addition to the methods described in subsection (a) of this section, HHSC may use any other method of procurement or contracting method authorized by statute.
(c) Negotiation of contracts, including price, is permitted for:
  (1) purchases by means of Request for Proposals;
  (2) purchases by means of Request for Qualifications;
  (3) purchases by means of Request for Offers;
  (4) proprietary purchases;
  (5) emergency purchases;
  (6) purchases in circumstances where competitive bidding through informal bidding or an Invitation for Bids has been advertised, but HHSC receives only one acceptable bid, or bids that would otherwise not be acceptable but due to the circumstances may be treated as a proposal subject to negotiation. However, such negotiation may not result in a material change to the advertised specifications; and
  (7) direct contract awards as specified in §391.247 of this subchapter (relating to Direct Contract Award).
(d) In case of tie bids or proposals which cannot be resolved by application of one or more purchase preferences, an award shall be made by drawing of lots, tossing a coin, or drawing of names with two witnesses present.

Source Note: The provisions of this §391.201 adopted to be effective May 12, 2021, 46 TexReg 3017; amended to be effective May 10, 2022, 47 TexReg 2732