reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter B - PROCUREMENT AND SPECIAL CONTRACTING METHODS › Division 1 - PROCUREMENT METHODS › Section 391.219 - Award Notification

Current through Reg. 49, No. 28; July 12, 2024
Notice of Award. A contract will be awarded that provides
						best value to the state and a notice of award will be posted in accordance with
						Texas Government Code §
											RSA
						2155.083.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter B - PROCUREMENT AND SPECIAL CONTRACTING METHODS › Division 2 - SPECIAL CONTRACTING METHODS › Section 391.241 - Contracting and Delivery Procedures for Construction

Current through Reg. 49, No. 28; July 12, 2024
(a) Authority. HHSC may purchase construction
					 and construction related services, including new construction, renovation,
					 remodeling, repair, or maintenance work, and deferred maintenance as authorized
					 by Texas Government Code §
											RSA
					 2155.144, Texas Government Code, Chapter
					 2254, and Texas Government Code, Chapter 2269.
(b) Advertisement. Public notice of the
					 issuance of a Request for Proposals or Request for Qualifications is posted on
					 the Electronic State Business Daily in accordance with Texas Government Code
					 §
											RSA
					 2155.083. The solicitation must include
					 evaluation and selection criteria and the process for making a
					 selection.
(c) Evaluation and
					 selection. HHSC develops and advertises an evaluation method which provides
					 for:
(1) the fair consideration of proposals;
					 and
(2) if applicable, a process
					 for determining the competitive range.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter B - PROCUREMENT AND SPECIAL CONTRACTING METHODS › Division 2 - SPECIAL CONTRACTING METHODS › Section 391.243 - Buy America Requirements for Iron and Steel Used in Construction Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
					 with Texas Government Code §
											RSA
					 2252.202, all iron or steel products (i.e.,
					 rolled structural shapes including wide flange beams and columns, angles, bars,
					 plates, sheets, hollow structural sections, pipe, etc.) used in construction
					 contracts must be produced, manufactured and fabricated in the United States,
					 except as provided by subsection (c) of this section.
(b) The solicitation and resulting contract
					 for a project described by subsection (a) of this section must include a
					 requirement that all iron or steel products to be used must be produced,
					 manufactured and fabricated in the United States unless it has been determined
					 under subsection (c) of this section that the specific project at issue is
					 exempt from the requirements of Texas Government Code §
											RSA
					 2252.202.
(c) If it is determined that Texas Government
					 Code §
											RSA
					 2252.203 exempts a project from the
					 requirements of using iron and steel produced, manufactured and fabricated in
					 the United States, HHSC documents the contract file with a written
					 determination that the project is exempt. The written determination must
					 include the specific reason(s) under Texas Government Code §
											RSA
					 2252.203 for the determination of
					 exemption.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter B - PROCUREMENT AND SPECIAL CONTRACTING METHODS › Division 2 - SPECIAL CONTRACTING METHODS › Section 391.245 - Group Purchasing Organizations Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. To establish procurement and
					 contracting standards for purchases made in connection with group purchasing
					 organizations (GPOs).
(b)
					 Authority. HHS and DFPS may acquire goods and services from GPOs in accordance
					 with Texas Government Code §
											RSA
					 2155.144 and §
											RSA
					 2155.1441. HHSC may utilize GPOs to acquire
					 health care goods and services that are used in support of the agency's health
					 care programs. HHSC will make purchases that provide best value for the state
					 in consideration of all relevant factors for the purchase.
(c) Standards that GPOs must meet to be an
					 HHSC-approved GPO:
(1) established
					 organization with a value-added portfolio of contracts;
(2) transparent and competitive procurement
					 process;
(3) best value evaluation
					 and award criteria;
(4) contract
					 management program; and
(5)
					 historically underutilized businesses policy.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter B - PROCUREMENT AND SPECIAL CONTRACTING METHODS › Division 2 - SPECIAL CONTRACTING METHODS › Section 391.247 - Direct Contract Award

Current through Reg. 49, No. 28; July 12, 2024
(a) Texas HHSC
					 Office of Inspector General (OIG) direct contract award. If HHS does not
					 receive any responsive proposals on a competitive solicitation for the services
					 of a qualified expert to review investigative findings under Texas Government
					 Code §
											RSA
					 531.102(l) or
					 §
											RSA
					 531.102(m), HHS
					 may instead award contracts that are not subject to competitive advertising and
					 proposal evaluation requirements. HHS may negotiate with and award a contract
					 to a qualified expert based on:
(1) the
					 contractor's agreement to set a fee (range or lump-sum); and
(2) the contractor's affirmation and the
					 OIG's verification that the contractor has the necessary occupational licenses
					 and experience.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter C - PROTESTS › Section 391.301 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to set forth procedures
					 for resolving protests relating to purchases as required by Texas Government
					 Code §
										RSA
					 2155.076.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter C - PROTESTS › Section 391.303 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of this subchapter, HHS is
				  defined as the Texas Health and Human Services Commission, the Texas Department
				  of State Health Services, the Texas Department of Family and Protective
				  Services, and the Texas Civil Commitment Office.
(b) A respondent may protest a solicitation,
				  response evaluation, or contract award if the respondent is able to
				  specifically identify a statutory or regulatory provision that HHS allegedly
				  violated.
(c) This subchapter does
				  not apply to:
(1) the award of grants or
				  subcontracts;
(2) interagency or
				  interlocal agreements executed in accordance with applicable law;
(3) open enrollment contracts;
(4) rejected applications, purchases, or
				  contract awards in relation to HHSC's group purchasing organizations program;
				  or
(5) direct contract awards as
				  specified in § 391.247 of this chapter (relating to Direct Contract
				  Award).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter C - PROTESTS › Section 391.305 - Filing of a Protest

Current through Reg. 49, No. 28; July 12, 2024
(a) To be
				  considered timely, the protest must be filed:
(1) no later than the date that responses to
				  a solicitation are due, if the protest concerns the solicitation; or
(2) no later than 10 business days after the
				  notice of intent to award or, in the event of no notice of intent to award,
				  after the notice of award, if the protest concerns the evaluation or
				  award.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter C - PROTESTS › Section 391.307 - Review and Disposition of Protests

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon receipt of a protest, the Deputy
				  Executive Commissioner of Procurement and Contracting Services may:
(1) dismiss the protest if:
(A) it is not timely; or
(B) it does not meet the requirements of
				  § 391.305 of this subchapter (relating to Filing of a Protest);
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter C - PROTESTS › Section 391.309 - Contract Awards During Protest

Current through Reg. 49, No. 28; July 12, 2024
A contract will not be awarded that is subject to a
					 properly filed protest until HHSC provides a final written disposition of the
					 protest in accordance with § 391.307 of this subchapter (relating to
					 Review and Disposition of Protests). The HHSC Executive Commissioner may waive
					 this requirement if the HHSC Executive Commissioner determines that HHSC must
					 award a contract, without delay, to protect the best interests of the
					 state.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter D - STANDARDS OF CONDUCT FOR VENDORS › Section 391.401 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to provide guidelines
					 for vendors interested in working with HHS during all stages of the process,
					 including when vendors assume the role of respondents, or contractors. Vendors,
					 their personnel, and agents must conduct themselves in an ethical
					 manner.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter D - STANDARDS OF CONDUCT FOR VENDORS › Section 391.403 - Respondent Responsibility During Discussions and Negotiations

Current through Reg. 49, No. 28; July 12, 2024
A respondent participating in discussions or negotiations
					 regarding a pending solicitation shall refrain from discussing respondent's
					 participation in or information regarding the discussions or negotiations with
					 any person or entity other than HHS until such discussions or negotiations with
					 HHS have concluded. Failure to comply with this section may result in the
					 disqualification of a solicitation response or cancellation of any awarded
					 contract.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter D - STANDARDS OF CONDUCT FOR VENDORS › Section 391.405 - Responsibilities of Vendors

Current through Reg. 49, No. 28; July 12, 2024
(a) Contractors,
				  respondents, and vendors interested in working with HHS are required to
				  implement standards of conduct for their own personnel and agents on terms at
				  least as restrictive as those applicable to HHS. These standards must adhere to
				  ethics requirements adopted in rule, in addition to any ethics policy, or code
				  of ethics approved by the HHSC Executive Commissioner. A respondent must sign
				  and submit all ethics, disclosure, confidentiality, and other forms required
				  under the procurement and any resulting contract. HHS may examine a
				  respondent's standards of conduct in the evaluation of a bid, offer, proposal,
				  quote, or other applicable expression of interest in a proposed purchase of
				  goods or services.
(b) Any
				  potential contractor or respondent may not offer, give, or agree to give any
				  procurement personnel any benefit.
(c) No potential contractor or respondent, or
				  agent of a potential contractor or respondent, may, in connection with the
				  development of a contract or procurement, directly contact an HHS employee,
				  unless that HHS employee is the designated point of contact for that contract
				  or procurement.
(d) Every
				  respondent must disclose potential or actual conflicts of interest with HHS.
(e) As a condition of contracting
				  with HHS, any vendor or contractor must:
(1)
				  cooperate with any audit conducted by the state auditor; and
(2) cooperate with any audit conducted by
				  HHSC or any entity designated by HHSC, including the Office of Inspector
				  General.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter E - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 391.501 - Historically Underutilized Business Program

Current through Reg. 49, No. 28; July 12, 2024
In compliance with Texas Government Code §
										RSA
					 2161.003, HHSC adopts by reference the Texas
					 Comptroller of Public Accounts' rules in Texas Administrative Code, Title 34,
					 Chapter 20, Subchapter D, Division 1 (relating to Historically Underutilized
					 Businesses).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter E - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 391.503 - Mandatory Review of Historically Underutilized Business Subcontracting Plan

Current through Reg. 49, No. 28; July 12, 2024
HHSC may require respondents to participate in a mandatory
					 review of their historically underutilized business subcontracting plan during
					 the procurement process. Notice of such requirement and instructions for
					 respondents will be provided in the solicitation document.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter F - CONTRACTS › Division 1 - GENERAL › Section 391.601 - Open Enrollment Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) HHS
					 and DFPS may use the open enrollment contracting method if the best interests
					 of the state are served by enrolling multiple vendors.
(b) An open enrollment under this section
					 must be conducted in a transparent and fair manner that reasonably provides
					 interested and eligible vendors equal opportunity to obtain a
					 contract.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter F - CONTRACTS › Division 1 - GENERAL › Section 391.603 - Contract Monitoring Roles and Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
The contract monitoring roles and responsibilities of
						the HHSC internal audit staff and other inspection, investigative, or
						compliance staff are as follows:
(1)
					 The Internal Audit Division will perform internal audit activities, which will
					 include assisting and consulting regarding contract monitoring issues, based on
					 the results of a risk assessment or upon request for consulting services. The
					 Internal Audit Division will also perform audits of the contract management
					 function and systems when audits are warranted by the results of risk
					 assessment or included in the audit plan approved by HHSC's Executive
					 Commissioner pursuant to Texas Government Code §
											RSA
					 2102.005 and §
											RSA
					 2102.008.
(2) The Procurement and Contracting Services
					 Division will seek to improve contract compliance by maintaining a system of
					 record serving as a central repository for HHS contracts so HHS can perform
					 management, reporting, and contract compliance reviews.
(3) HHS reports criminal activity related to
					 HHS contracts to the appropriate authorities as set out in statute.
(4) The contract manager or project manager
					 that oversees a contract will monitor and report to other appropriate HHS
					 divisions regarding contract compliance.
(5) HHSC's Historically Underutilized
					 Business Program will assist the administering division or divisions and
					 contract management staff in monitoring HHS contracts in connection with
					 applicable historically underutilized and minority business contract
					 requirements.
(6) HHSC's
					 Compliance and Quality Control Division will continually review procurement
					 policies and procedures, templates and forms, manuals, and large solicitation
					 documents to ensure compliance with state law and the State of Texas
					 Procurement and Contract Management Guide.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter F - CONTRACTS › Division 1 - GENERAL › Section 391.605 - Enhanced Contract Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC
					 shall identify contracts that require enhanced monitoring.
(b) In determining which contracts require
					 enhanced monitoring, HHSC shall consider factors, including:
(1) contract amount;
(2) risk;
(3) special circumstances of the project; and
(4) the scope of the goods or
					 services provided.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter G - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST HHSC › Division 1 - GENERAL › Section 391.701 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to describe the
						provisions for negotiation and mediation of certain contract claims against
						HHSC, pursuant to Texas Government Code §
											RSA
						2260.052(c).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter G - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST HHSC › Division 1 - GENERAL › Section 391.703 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter applies to an HHSC
					 contract dispute that is subject to Texas Government Code, Chapter 2260.
(b) This subchapter does not apply
					 to an action of HHSC for which a contractor is entitled to a specific remedy
					 pursuant to state or federal constitution or statute.
(c) This subchapter does not apply to a
					 contract action proposed or taken by HHSC for a contractor receiving Medicaid
					 funds under a contract that is entitled by state statute or rule to a hearing
					 conducted in accordance with Texas Government Code, Chapter 2001.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter G - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST HHSC › Division 1 - GENERAL › Section 391.705 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms have the following
						meanings when used in this subchapter, unless the context clearly indicates
						otherwise:
(1) Chief administrative
					 officer--The Executive Commissioner of HHSC, or their designee.
(2) Claim--A demand for damages by the
					 contractor based upon HHSC's alleged breach of the contract.
(3) Contract--As defined by Texas Government
					 Code §
											RSA
					 2260.001(1).
(4) Contractor--As defined by
					 Texas Government Code §
											RSA
					 2260.001(2).
(5) Counterclaim--A demand by HHSC
					 based upon the contractor's claim.
(6) Day--A calendar day. If an act is
					 required to occur on a Saturday, Sunday, or holiday, then the next working day
					 that is not one of these days is counted as the required day for the purpose of
					 this act.
(7) Goods--Supplies,
					 materials or equipment.
(8)
					 HHSC--The Texas Health and Human Services Commission.
(9) Parties--HHSC and the contractor that
					 have entered into a contract in connection with which a claim of breach of
					 contract has been filed under this subchapter.
(10) Project--As defined in Texas Government
					 Code §
											RSA
					 2166.001, a building construction project
					 that is financed wholly or partly by a specific appropriation, bond issue, or
					 federal money, including the construction of:
(A) a building, structure, or appurtenant
					 facility or utility, including the acquisition and installation of original
					 equipment and original furnishing; and
(B) an addition to, or alteration,
					 modification, rehabilitation or repair of an existing building, structure, or
					 appurtenant facility or utility.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter G - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST HHSC › Division 2 - NEGOTIATION › Section 391.721 - Notice of Claim of Breach of Contract

Current through Reg. 49, No. 28; July 12, 2024
A contractor asserting a claim of breach of contract
						must comply with the requirements of Texas Government Code §
											RSA
						2260.051.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter G - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST HHSC › Division 2 - NEGOTIATION › Section 391.723 - HHSC Counterclaim

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC may
					 assert a counterclaim.
(b) The
					 notice of counterclaim must:
(1) be in
					 writing;
(2) be delivered by hand,
					 certified-mail return receipt requested, or other verifiable delivery service
					 to the contractor or representative of the contractor who signed the notice of
					 claim of breach of contract; and
(3) state in detail:
(A) the nature of the counterclaim;
(B) a description of damages or
					 offsets sought, including the amount and method used to calculate those damages
					 or offsets; and
(C) the legal
					 theory supporting the counterclaim.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter G - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST HHSC › Division 2 - NEGOTIATION › Section 391.725 - Request for Voluntary Disclosure of Additional Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon the filing of a claim or
					 counterclaim, parties may request to review and copy information in the
					 possession or custody or subject to the control of the other party that
					 pertains to the contract claimed to have been breached, including, without
					 limitation:
(1) financial or accounting
					 records;
(2) correspondence,
					 including, without limitation, correspondence between HHSC and outside
					 consultants HHSC utilized in preparing its solicitation or any part thereof or
					 in administering the contract, and correspondence between the contractor and
					 its subcontractors, materialmen, and vendors;
(3) schedules;
(4) the parties' internal memoranda; and
(5) documents created by the
					 contractor in preparing its offer to HHSC and documents created by HHSC in
					 analyzing the offers it received in response to a solicitation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter G - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST HHSC › Division 2 - NEGOTIATION › Section 391.727 - Duty to Negotiate

Current through Reg. 49, No. 28; July 12, 2024
The parties shall negotiate in accordance with Texas
						Government Code §
											RSA
						2260.052 to attempt to resolve all claims and
						counterclaims filed under this chapter. No party is obligated to settle with
						the other party as a result of the negotiation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter G - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST HHSC › Division 2 - NEGOTIATION › Section 391.729 - Conduct of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
(a) Negotiation
					 is a consensual bargaining process in which the parties attempt to resolve a
					 claim and counterclaim. A negotiation under this division may be conducted by
					 any method, technique, or procedure authorized under the contract or agreed
					 upon by the parties, including, without limitation, negotiation in person, by
					 telephone, by correspondence, by video conference, or by any other method that
					 permits the parties to identify their respective positions, discuss their
					 respective differences, confer with their respective advisers, exchange offers
					 of settlement, and settle.
(b) The
					 parties may conduct negotiations with the assistance of one or more neutral
					 third parties. If the parties choose to mediate their dispute, the mediation
					 shall be conducted in accordance with Texas Government Code §
											RSA
					 2260.056. Parties may choose an assisted
					 negotiation process other than mediation.
(c) To facilitate the meaningful evaluation
					 and negotiation of the claim(s) and any counterclaim(s), the parties may
					 exchange relevant documents that support their respective claims, defenses,
					 counterclaims or positions.
(d)
					 Material submitted pursuant to this section shall be handled pursuant to the
					 requirements of the Public Information Act.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter G - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST HHSC › Division 2 - NEGOTIATION › Section 391.731 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties' settlement approval procedures shall be
						disclosed prior to, or at the beginning of, negotiations. To the extent
						possible, the parties shall select negotiators who are knowledgeable about the
						subject matter of the dispute, who are in a position to reach agreement, and
						who can credibly recommend approval of an agreement.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter G - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST HHSC › Division 2 - NEGOTIATION › Section 391.733 - Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A settlement
					 agreement may resolve an entire claim or any designated and severable portion
					 of a claim.
(b) To be enforceable,
					 a settlement agreement must be in writing and signed by representatives of the
					 contractor and HHSC.
(c) A partial
					 settlement does not waive parties' rights under Texas Government Code, Chapter
					 2260 as to the parts of the claims or counterclaims that are not
					 resolved.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter G - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST HHSC › Division 2 - NEGOTIATION › Section 391.735 - Costs of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
Unless the parties agree otherwise, each party shall be
						responsible for its own costs incurred in connection with a negotiation,
						including, without limitation, the costs of attorneys', consultants' and
						experts' fees and expenses.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter G - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST HHSC › Division 2 - NEGOTIATION › Section 391.737 - Request for Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
If a claim for breach of contract is not resolved in its
						entirety through negotiation, mediation or other assisted negotiation process
						in accordance with this subchapter on or before the 270th day after HHSC
						receives the notice of claim, or after the expiration of any extension agreed
						to by the parties, the contractor may file a request with HHSC for a contested
						case hearing before the State Office of Administrative Hearings in accordance
						with Texas Government Code §
											RSA
						2260.102.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter G - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST HHSC › Division 3 - MEDIATION › Section 391.751 - Mediation Timetable

Current through Reg. 49, No. 28; July 12, 2024
(a) The contractor
					 and HHSC may agree to mediate the dispute at any time before the 120th day
					 after HHSC receives a notice of claim of breach of contract, or before the
					 expiration of any extension agreed to by the parties in writing.
(b) A contractor and HHSC may mediate the
					 dispute even after the case has been referred to the State Office of
					 Administrative Hearings (SOAH) for a contested case. SOAH may also refer a
					 contested case for mediation pursuant to its own rules and guidelines, whether
					 or not the parties have previously attempted mediation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter G - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST HHSC › Division 3 - MEDIATION › Section 391.753 - Conduct of Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) Mediation
					 is a forum in which an impartial person, the mediator, facilitates
					 communication between the parties to promote reconciliation, settlement, or
					 understanding among them. A mediator may not impose his or her own judgment on
					 the issues for that of the parties. The mediator must be acceptable to both
					 parties.
(b) The mediation is
					 subject to the provisions of the Governmental Dispute Resolution Act, Texas
					 Government Code, Chapter 2009. For purposes of this division, "mediation" is
					 assigned the meaning set forth in the Texas Civil Practice and Remedies Code
					 §
											RSA
					 154.023.
(c) To facilitate a meaningful opportunity
					 for settlement, the parties shall, to the extent possible, select
					 representatives who are knowledgeable about the dispute, who are in a position
					 to reach agreement, or who can credibly recommend approval of an
					 agreement.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter G - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST HHSC › Division 3 - MEDIATION › Section 391.755 - Agreement to Mediate

Current through Reg. 49, No. 28; July 12, 2024
(a) Parties may
					 agree to use mediation as an option to resolve a breach of contract claim at
					 the time they enter into the contract and include a contractual provision to do
					 so. The parties may mediate a breach of contract claim even absent a
					 contractual provision to do so if both parties agree.
(b) Any agreement to mediate should include
					 consideration of the following factors:
(1)
					 The source of the mediator. Potential sources of mediators include governmental
					 officers or employees who are qualified as mediators under Texas Civil Practice
					 and Remedies Code §
												RSA
					 154.052, private mediators, the State Office
					 of Administrative Hearings, the Center for Public Policy Dispute Resolution at
					 The University of Texas School of Law, an alternative dispute resolution system
					 created under Texas Civil Practice and Remedies Code, Chapter 152, or another
					 state or federal agency or through a pooling agreement with several state
					 agencies. Before naming a mediator source in a contract, the parties should
					 contact the mediator source to be sure that it is willing to serve in that
					 capacity. In selecting a mediator, the parties should use the qualifications
					 set forth in §391.757 of this division (relating to Qualifications and
					 Immunity of the Mediator).
(2) The
					 time period for the mediation. The parties should allow enough time in which to
					 make arrangements with the mediator and attending parties to schedule the
					 mediation, to attend and participate in the mediation, and to complete any
					 settlement approval procedures necessary to achieve final settlement. Both
					 parties must allow adequate time for the process.
(3) The location of the mediation.
(4) Allocation of costs of the mediator.
(5) The identification of
					 representatives who will attend the mediation on behalf of the parties, if
					 possible, by name or position within the governmental unit or contracting
					 entity.
(6) The settlement
					 approval process in the event the parties reach agreement at the
					 mediation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter G - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST HHSC › Division 3 - MEDIATION › Section 391.757 - Qualifications and Immunity of the Mediator

Current through Reg. 49, No. 28; July 12, 2024
(a) The mediator shall possess the
					 qualifications required under Texas Civil Practice and Remedies Code §
											RSA
					 154.052, be subject to the standards and
					 duties prescribed by Texas Civil Practice and Remedies Code §
											RSA
					 154.053, and have the qualified immunity
					 prescribed by Texas Civil Practice and Remedies Code §
											RSA
					 154.055, if applicable.
(b) The parties should decide whether, and to
					 what extent, knowledge of the subject matter and experience in mediation would
					 be advisable for the mediator.
(c)
					 The parties should obtain from the prospective mediator the ethical standards
					 that will govern the mediation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter G - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST HHSC › Division 3 - MEDIATION › Section 391.759 - Confidentiality of Mediation and Final Settlement

Current through Reg. 49, No. 28; July 12, 2024
(a) A mediation conducted under this division
					 is confidential in accordance with Texas Government Code §
											RSA
					 2009.054.
(b) The confidentiality of a final settlement
					 agreement to which HHSC is a signatory that is reached as a result of the
					 mediation is governed by the Public Information Act.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter G - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST HHSC › Division 3 - MEDIATION › Section 391.761 - Costs of Mediation

Current through Reg. 49, No. 28; July 12, 2024
Unless the contractor and unit of state government agree
						otherwise, each party shall be responsible for its own costs incurred in
						connection with the mediation, including costs of document reproduction for
						documents requested by such party, and attorneys', consultants' and experts'
						fees and expenses. The costs of the mediation process itself shall be divided
						equally between the parties, or in accordance with the terms of the parties'
						agreement.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter G - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST HHSC › Division 3 - MEDIATION › Section 391.763 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties' settlement approval procedures shall be
						disclosed by the parties prior to the mediation. To the extent possible, the
						parties shall select representatives who are knowledgeable about the subject
						matter of the dispute, who are in a position to reach agreement, and who can
						credibly recommend approval of an agreement.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter G - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST HHSC › Division 3 - MEDIATION › Section 391.765 - Initial Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
Any settlement agreement reached during the mediation
						must be signed by the representatives of the contractor and HHSC and must
						describe any procedures required to be followed by the parties in connection
						with final approval of the agreement.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter G - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST HHSC › Division 3 - MEDIATION › Section 391.767 - Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 final settlement agreement reached, as a result of, mediation, that resolves an
					 entire claim or any designated and severable portion of a claim, shall be in
					 writing and signed by representatives of the contractor and HHSC who have
					 authority to bind each respective party.
(b) If the settlement agreement does not
					 resolve all issues raised by the claim and counterclaim, the agreement shall
					 identify the issues that are not resolved.
(c) A partial settlement does not waive a
					 contractor's rights under Texas Government Code, Chapter 2260, as to the parts
					 of the claim that are not resolved.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter G - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST HHSC › Division 3 - MEDIATION › Section 391.769 - Referral to the State Office of Administrative Hearings (SOAH)

Current through Reg. 49, No. 28; July 12, 2024
If mediation does not resolve all issues raised by the
						claim, the contractor may request that the claim be referred to SOAH by HHSC.
						Nothing in these rules prohibits the contractor and HHSC from mediating their
						dispute after the case has been referred for contested case hearing, subject to
						the rules of SOAH.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 392 - PURCHASE OF GOODS AND SERVICES FOR SPECIFIC HEALTH AND HUMAN SERVICES COMMISSION PROGRAMS › Subchapter A - PURPOSE AND APPLICABILITY › Section 392.1 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This
				  chapter provides specific criteria to govern the purchase of goods and services
				  by HHSC for programs whose needs are not addressed by the general criteria
				  listed in Chapter 391 of this title (relating to Purchase of Goods and Services
				  by Health and Human Services Agencies). The criteria in this chapter are
				  limited to the specific programs enumerated in each subchapter and do not apply
				  to any other purchase of goods or services by HHSC.
(b) If any provision in this Chapter
				  conflicts with a provision outside of Title 1, this Chapter controls.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 392 - PURCHASE OF GOODS AND SERVICES FOR SPECIFIC HEALTH AND HUMAN SERVICES COMMISSION PROGRAMS › Subchapter B - EARLY CHILDHOOD INTERVENTION (ECI) SERVICES › Section 392.101 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to establish contract
					 requirements for Early Childhood Intervention (ECI) service delivery. The
					 following statutes and regulations authorize or require the rules in this
					 subchapter:
(1) Texas Human Resources
				  Code, Chapter 73;
(2) Texas Human
				  Resources Code, Chapter 117;
(3)
				  Individuals with Disabilities Education Act, Part C (RSA
				  1431 -
				  RSA
				  1444); and
(4) implementing federal regulations 34
				  C.F.R. Part 303.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 392 - PURCHASE OF GOODS AND SERVICES FOR SPECIFIC HEALTH AND HUMAN SERVICES COMMISSION PROGRAMS › Subchapter B - EARLY CHILDHOOD INTERVENTION (ECI) SERVICES › Section 392.105 - Application and Program Requirements for Early Childhood Intervention Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Funds for early
				  childhood intervention (ECI) services are available to public or private
				  agencies that are current or potential providers of ECI services for eligible
				  children.
(b) DARS may use a
				  competitive procurement process to ensure that DARS obtains the best value in
				  purchasing services.
(c) The
				  application or proposal for ECI services must consist of the forms and related
				  materials that the applicant must complete to apply to receive funding for
				  providing ECI services.
(d) An
				  application or proposal must be submitted in accordance with DARS'
				  instructions.
(e) An application or
				  proposal that is late or substantially incomplete may be accepted or returned
				  to the applicant or respondent at the discretion of DARS.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 392 - PURCHASE OF GOODS AND SERVICES FOR SPECIFIC HEALTH AND HUMAN SERVICES COMMISSION PROGRAMS › Subchapter B - EARLY CHILDHOOD INTERVENTION (ECI) SERVICES › Section 392.107 - Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) An approved applicant must enter into a
				  contract with DARS before being allocated funds. A contract is not fully
				  executed until it has been signed by DARS and the applicant.
(1) The contract must be signed by an
				  official authorized to enter into such agreements on behalf of the
				  contractor.
(2) The contract cannot
				  be altered without authorized officials of both the contractor and DARS
				  providing written approval before the effective date of the change. In
				  emergency circumstances as determined by DARS in its sole discretion, the DARS
				  ECI assistant commissioner may sign and offer a contract amendment to a
				  contractor and may allow the contractor to accept by performance. DARS ECI may
				  require a contractor's signature on the amendment before payment for the
				  amended services.
(3) No payment or
				  advance of funds is made until the contract is fully executed.
(4) By signing the contract the applicant
				  agrees to all terms included in the contract and to adherence to state and
				  federal laws and regulations, and applicable DARS rules, policy, and
				  procedures, including subsequent amendments.
(5) The contract may be renewed if the
				  contract provides for renewal, and the contractor meets the renewal criteria in
				  DARS rules and the contract.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 392 - PURCHASE OF GOODS AND SERVICES FOR SPECIFIC HEALTH AND HUMAN SERVICES COMMISSION PROGRAMS › Subchapter B - EARLY CHILDHOOD INTERVENTION (ECI) SERVICES › Section 392.109 - Transition of Contractors

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				  prohibited by law, a contractor must provide at least 120 days notice before
				  terminating or non-renewing a contract to provide adequate time for DARS to
				  provide statewide coverage by securing a new contractor.
(b) During the transition to the new
				  contractor, the existing contractor must:
(1)
				  continue to provide services to families;
(2) continue to cooperate with
				  DARS;
(3) continue to participate
				  in Texas Health and Human Services Commission's Random Moment Time
				  Study;
(4) continue to file
				  Medicaid Administrative Claims as appropriate;
(5) continue to bill other funding sources;
				  and
(6) assist with the transition
				  of families and children, including the secure transfer of all client files, to
				  the new contractor(s).