Goods or services may be purchased through a Request for Proposals (RFP) as authorized by this section.
  (1) Advertisement. Public notice of the issuance of an RFP is posted on the Electronic State Business Daily in accordance with Texas Government Code §2155.083. The solicitation must include evaluation and selection criteria and the process for making a selection.
  (2) Minor irregularities in a response. HHSC may waive a minor irregularity or permit a respondent to correct a minor irregularity in a response, if the irregularity:
    (A) is purely a matter of form rather than substance; and
    (B) does not materially affect price, quality, or delivery of the desired goods or services.
  (3) Evaluation and selection. HHSC utilizes an evaluation method which provides for:
    (A) the fair consideration of proposals; and
    (B) if applicable, a process for determining the competitive range.
  (4) Negotiations.
    (A) HHS or DFPS may discuss acceptable or potentially acceptable proposals with respondents to assess a respondent's ability to meet the solicitation requirements.
    (B) After receiving a proposal but before making an award, HHS or DFPS may permit the respondent to revise its proposal to obtain the best and final offer at any stage in the evaluation or negotiation process.
  (5) Award. A contract is awarded to the respondent whose proposal offers the best value for the state in accordance with Texas Government Code §2155.144.

Source Note: The provisions of this §391.209 adopted to be effective May 12, 2021, 46 TexReg 3017; amended to be effective May 10, 2022, 47 TexReg 2732