General. The Agency may acquire goods or services through a noncompetitive open enrollment solicitation and enter into enrollment contracts with qualified contractors.
  (1) An open enrollment solicitation must be conducted in an open and fair manner that reasonably provides interested, qualified contractors with an equal opportunity to obtain a contract or do business with the Agency.
  (2) The Agency may consider past performance when determining whether to award a contract to an applicant.

Source Note: The provisions of this §858.2 adopted to be effective July 6, 2020, 45 TexReg 4532