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
applicable;
    (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