Rule §391.209 Record Keeping

Published: 2015

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The procurement file for all purchases over $25,000 must include
the following items:
  (1) a concise description of the goods or services
that are the subject of the procurement;
  (2) the amount of funds committed or obligated under
the procurement and, if required by HHSC, identification of the source
of funds;
  (3) a statement of need that summarizes HHSC's determination
of the necessity of the goods or services that are the subject of
the procurement;
  (4) for a procurement from a preferred supplier, any
correspondence that evidences the solicitation and commitment of the
preferred supplier or that supports the selection of a preferred supplier,
if more than one such preferred supplier was available;
  (5) evidence of efforts to ensure adequate competition,
including, but not limited to:
    (A) proof of notification of preferred suppliers, where
    (B) evidence of any required or optional publication
or notice of the procurement opportunity, including publication in
the Electronic State Business Daily or Texas Register; and
    (C) a list of the vendors notified by HHSC regarding
the procurement and the source utilized to identify such vendors or
proof of posting on the State Electronic Business Daily;
  (6) justification which supports the decision to utilize
a noncompetitive procurement method, if applicable;
  (7) a copy of the solicitation instrument and any modifications
or revisions to the solicitation instrument;
  (8) copies of the written or electronic quote, bid,
offer, or proposal submitted by applicants in response to the solicitation;

  (9) copies of evaluation documentation (such as bid
forms, bid tabulations, cost analyses, life cycle cost analyses, etc.);
  (10) a copy of the best value justification that supports
the award;
  (11) a copy of the purchase order, requisition, or
voucher for the procurement, if applicable;
  (12) a copy of the contract executed by HHSC and the
successful applicant, if applicable;
  (13) copies of optional or required applicant certifications,
statements, or verifications (such as Historically Underutilized Business
certifications, federal lobbying or debarment certifications, non-collusion
affidavits, etc.);
  (14) copies of required or optional approvals; and
  (15) copies of written protests, if any, and the HHSC's
written disposition of the protest or protests.

Source Note: The provisions of this §391.209 adopted to be effective June 17, 2015, 40 TexReg 3632