(a) Determination. The local authority may procure community services non-competitively only if:
  (1) the procurement is pursuant to the Texas Health and Safety Code, §533.017;
  (2) the services are proprietary to a single source or only one source can or will provide the service;
  (3) the services will be provided by a governmental entity;
  (4) there exists an emergency situation in which a delay may result in harm to a consumer who is to receive the community service;
  (5) the services are for less than $5000 and the total amount was not divided to qualify for a non-competitive procurement; or
  (6) a competitive procurement was attempted and either no qualified response or only one qualified response was received.
(b) Award. The award of a contract procured non-competitively must be made in accordance with §412.55(c) of this title (relating to Contract Procurement).

Source Note: The provisions of this §412.59 adopted to be effective April 22, 2001, 26 TexReg 2845