Competitive procurement methods for community services are as follows.
  (1) Informal solicitation.
    (A) Determination. The local authority may competitively procure community services through informal solicitation if the contract amount does not exceed $25,000.
    (B) Solicitation.
      (i) The local authority must solicit business entities that provide the type of community service(s) being procured and attempt to obtain at least three responses for the service's specifications. Solicitation and responses may be oral, written, or electronic.
      (ii) Documentation for informal solicitation must include:
        (I) the names and telephone numbers of the business entities contacted and the date of contact;
        (II) the specifications for the community service(s); and
        (III) all responses.
    (C) Award. The award of a contract procured through informal solicitation is made in accordance with §412.55(c) of this title (relating to Contract Procurement).
  (2) Request for proposals (RFP).
    (A) Determination. The local authority may competitively procure community services through an RFP.
    (B) Solicitation.
      (i) The local authority must make a reasonable effort to give notice of its intent to contract for community services to providers of the community service(s) in the authority's local service area. The local authority must publish an RFP Notice in a local newspaper or professional association newsletter or announce by direct mail to all known providers of those community service(s) at least 10 calendar days, but not more than 90 calendar days, prior to the due date for the submission of proposals. An RFP Notice must include:
        (I) the contract term;
        (II) a general description of the community service(s) to be purchased;
        (III) the geographic area to be served;
        (IV) any limitations on who may submit a proposal;
        (V) the procedures for obtaining an RFP; and
        (VI) the date and time by which proposals must be received by the local authority.
      (ii) The local authority must provide an RFP to each business entity that requests one. The local authority may not restrict competition by unreasonably eliminating or limiting participation in the procurement process. An RFP must include:
        (I) a detailed description of the community service(s) to be purchased, the consumer eligibility criteria, and all other information included in the RFP Notice;
        (II) the approximate number of consumers to be served pursuant to the contract;
        (III) method of payment;
        (IV) a detailed description of information to be included in a proposal;
        (V) instructions for the submission of questions concerning the procurement;
        (VI) instructions for the submission of proposals;
        (VII) respondent 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 financial solvency; and evidence of liability insurance);
        (VIII) assurances that:
          (-a-) the respondent has no conflict of interest and meets the standards of conduct requirements pursuant to §412.54(c) of this title (relating to Accountability);
          (-b-) the respondent is not currently held in abeyance or barred from the award of a federal or state contract; and
          (-c-) the respondent is not delinquent in a tax owed the state under Chapter 171, Tax Code, pursuant to the Texas Business Corporation Act, Texas Civil Statutes, Article 2.45;
        (IX) the criteria for evaluation of proposals and contract award; and
        (X) all relevant factors the local authority will use to determine best value.
      (iii) A proposal must include:
        (I) the respondent's name, address, telephone number, and type of business entity; and
        (II) all information required in paragraphs (2)(B)(ii)(IV), (VII), and (VIII) of this subsection.
      (iv) Changes to an RFP may be made by the local authority prior to the date designated for submission of proposals if everyone who has obtained an RFP is notified of the changes and is provided equal opportunity to respond.
      (v) The local authority must keep all information contained in proposals confidential until a contract has been awarded.
      (vi) Any changes to a proposal must be made by the respondent in writing and must be received by the local authority prior to the submission date and time.
      (vii) The local authority may validate any information in a proposal by using outside sources or materials.
    (C) Award.
      (i) For a proposal to be considered for award, the respondent must follow the instructions and meet the requirements specified in the RFP.
      (ii) After the proposal submission date, the local authority may obtain clarification or confirmation of information submitted in a proposal if such information is necessary to complete the award process; however, no respondent may be given information which would give that respondent a competitive advantage over any other respondent.
      (iii) Negotiations may be conducted with a respondent to complete the procurement process or to complete an evaluation of a proposal.
        (I) If only one proposal is received that may be considered for award, the local authority and the respondent may negotiate the contract requirements as necessary to complete the procurement process.
        (II) If more than one proposal is received that may be considered for award, the local authority may negotiate to further evaluate proposals and to select one or more respondents for award; however, no respondent may be given information which will give that respondent a competitive advantage over any other respondent.
      (iv) The award of a contract procured through an RFP must be made in accordance with §412.55(c) of this title (relating to Contract Procurement).
      (v) The local authority may cancel an RFP without award.

Source Note: The provisions of this §412.58 adopted to be effective April 22, 2001, 26 TexReg 2845