(a) Eligible grant recipients shall compete for funding through a statewide procurement process conducted in accordance with federal and state procurement requirements. AEL funding shall be allocated as set forth in §800.68 and §800.69 of this title.     
      (b) Eligible grant recipients shall apply directly to the Agency using the grant solicitation process, and shall meet all deadlines, requirements, and guidelines set forth in the grant solicitation.     
      (c) Contracts awarded to AEL grant recipients shall be multiyear, at the Commission's discretion. In considering a renewal, the Commission shall take into account performance and other factors.      
        (1) Renewals for years three and beyond are not automatic and are based on meeting or exceeding performance and expenditure benchmarks, or other factors as determined by the Commission.       
        (2) The Agency shall conduct a new competitive statewide procurement at its discretion and when appropriate to ensure that providers can effectively develop, implement, and improve AEL services and programs within the state.       
      (d) Determinations by the Agency in the statewide procurement process will be based on the indicated ability of the eligible grant recipient to effectively perform all services and activities needed to fully comply with contract performance requirements and all contract terms and conditions and may be influenced by factors used to determine the allocation of AEL funds or other objective data or criteria.     
     Source Note:        The provisions of this §805.41 adopted to be effective February 24, 2014, 39 TexReg 1205; amended to be effective December 16, 2018, 43 TexReg 8150; amended to be effective November 24, 2022, 47 TexReg 7749; amended to be effective February 26, 2024, 49 TexReg 1102