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TITLE 34PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 20TEXAS PROCUREMENT AND SUPPORT SERVICES
SUBCHAPTER HPURCHASE METHODS
RULE §20.391Request for Offers Purchase Method

(a) This section designates the request for offers purchase method for automated information systems that are not available under the department of information IT commodity purchasing program authorized in Government Code, §2157.068, or for which an agency has an exemption or obtained an exemption as provided in Government Code, §2157.068(i), for use by Texas Procurement and Support Services, other state agencies or local governments as provided in Government Code, §§2157.003, 2157.006(a)(2), 2157.006(b), and 2157.068(i). The request for offers purchase method in this section supersedes the catalog purchase method repealed by House Bill 2918, 80th Legislature, 2007. While the request for offers purchase method is intended as the designated, primary purchasing method for procuring automated information systems other than under the department's IT commodity program and obtaining best value, Texas Procurement and Support Services, other state agencies or local governments may choose to use the request for offers purchase method described herein or any other purchase method authorized by Government Code, Title 10, Subtitle D, that will obtain the best value. In using such other methods to procure such automated information systems, the procuring entity shall follow the guidelines of Texas Procurement and Support Services as published in the statewide Procurement Manual. Texas Procurement and Support Services will work with the Department of Information Resources to clarify how agencies can identify which NIGP codes are information technology commodities or automated information systems. Texas Procurement and Support Services will post such information on its website.

(b) As provided in Government Code, §2157.006(a)(2) and §2157.068(i), Texas Procurement and Support Services and other state agencies shall use the request for offers purchase method under this section. As provided in Government Code, §2157.006(b), local governments may use the request for offers purchase method under this section. In procuring under this method, procuring entities shall use the best value factors as provided in Government Code, §2157.003.

(c) The request for offers method is a direct purchase or lease method used after the procuring entity's evaluation of written offers received in response to an open and competitive solicitation in accordance with the solicitation to result in best value. Under this request for offers method, Texas Procurement and Support Services, other state agencies or local governments shall solicit, evaluate, select, negotiate as appropriate, and contract directly with one or more qualified vendors in accordance with the open and competitive solicitation. In procuring under this request for offers method, the procuring entity shall also comply with the Request for Offers guidelines in the State of Texas Procurement Manual or similar statewide publication of Texas Procurement and Support Services; however, the procuring entity's use of this request for offers method does not require or involve delegation of authority or prior approval by Texas Procurement and Support Services.

(d) Qualified vendors are those that meet the minimum requirements of the request for offers and are qualified, as determined by the procuring entity, to provide the automated information system goods or services solicited. For this purpose, qualified vendors do not have to be listed on the centralized master bidders list or maintain any type of online catalog to qualify or respond to a solicitation that has been advertised on the electronic state business daily; however, qualified vendors are strongly encouraged to maintain current registrations on the centralized master bidders list in order to receive notices of issuance of solicitations sent to those registered.

(e) To initiate this request for offers method, Texas Procurement and Support Services, other state agencies or local governments shall issue a written, open and competitive request for offers. The procuring entity shall comply with Government Code, §2155.083. If Texas Procurement and Support Services, other agencies or local governments believe that the solicited goods or services may be proprietary to one vendor under Government Code, §2155.067, that procuring entity shall include the following statement in the request for offers: "The issuing office believes that the requested items in this request for offers may be proprietary to one vendor under Government Code, §2155.067; however, the issuing office strongly encourages offers from all qualified respondents that may be able to provide the requested items." The procuring entity shall include this statement in bold and prominent type at the beginning of the request for offers.


Source Note: The provisions of this §20.391 adopted to be effective September 1, 2007, 32 TexReg 5383

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