HEALTH AND HUMAN SERVICES

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Procurement and Contracting Services,Texas Health and Human Services. Table of Contents,Section 1 Purpose 6,1 1 Purpose 6. 1 2 Health and Human Services Commission s HHSC Authority to Publish Manual 6. Section 2 Procurement and Contracting Authority 7,2 1 Overview of Procurement Authority 7. 2 1 3 Common Commodities or Services 7,2 1 4 Other Commodities and Services 7. 2 1 5 Client Services Purchases Goods and Services 7. 2 1 6 Delegation of Procurement Contracting Authority for HHS System 8. 2 1 7 Signature and Delegation of Authority for HHS System 8. 2 1 8 Acceptance of Electronically Transmitted and Electronically Signed Contract Record 8. 2 1 9 Contractor Responsibility and the Data Use Agreement 8. 2 1 10 Procurement Responsibility Delegated to PCS 8. 2 2 Grants and Subgrants 8,2 3 Legal Requirements for Purchases 9.
2 4 Resolving Conflicts between Federal State and Agency Requirements 9. 2 5 Texas Training and Certification Program 9,2 5 1 Legal Requirement 9. 2 5 2 Levels of Certification and Requirements 10, 2 5 2 1 Certification Renewal and Continuing Education 10. 2 6 Code of Ethics Conflict of Interest 11,2 6 1 Ethics and Competition 11. 2 6 2 Procurement and Contracting Principles 11,2 6 2 1 HHS Human Resource Policies 12. 2 7 HHS Agency Ethics Requirements 12,2 8 Ethics and CPA Delegated Purchases 12.
2 9 Ethics and Former State Employees 13,2 10 Contract Ethics and Required Training 14. 2 11 Conflict of Interest 14,2 11 1 Acceptance of Gifts by Contract Staff 14. 2 11 2 Potential Contractors Conflict of Interest 15. 2 11 3 Violation of Conflict of Interest 16, 2 11 4 Disclosure of Relationship by Purchasing Personnel 16. 2 11 5 Misuse of State Information 17,2 11 6 Records Tampering 17. 2 11 7 Staying within the Law 18,Section 3 Procurement and Contracting Services 19.
3 1 Roles and Responsibilities of PCS 19,3 1 1 Customer Service Team CST 20. 3 1 2 PCS Requisition Processing Performance Standards 20. Page 2 of 65,Section 4 Beginning The Procurement Cycle 21. 4 1 Pre Solicitation Requirements 21,4 2 State of Texas Statutory Requirements 21. 4 2 1 Major Contracts 10 000 000 or more 21,4 2 2 Major Information Resources Project 21. 4 2 3 1 Definition 21, 4 2 3 2 Approval of a Major Information Resources Project 21.
4 2 3 3 Assistance in determining if a project is a Major Information Resources Project 22. 4 2 3 New Vehicles Accepting Donated Vehicles 22,4 2 4 1 Purchase of Vehicle s 22. 4 2 4 2 Accepting Donated Vehicles 22,4 2 4 Purchase of Insurance 23. 4 2 5 Purchase of Private Auditor Services 23,4 2 6 Purchase of Outside Legal Counsel 23. 4 2 7 Federal Approval Requirements 23, 4 2 8 Centers for Medicare and Medicaid Services CMS Approval 24. 4 2 9 Historically Underutilized Business HUB Requirements 24. 4 3 Planning and Development of the Requisition 25. 4 3 1 Planning Process 25,4 3 1 1 Purchases Equal to Greater Than 25 000 26.
4 3 2 Requisition Requirements 26,4 3 2 1 Associated Documents 29. 4 3 2 2 Specifications 30, 4 3 2 3 Characteristics of an effective specification 30. 4 4 What information to include for a commodity purchase 31. 4 5 What information to include for a service purchase 31. 4 6 After the Fact Purchases 31,4 7 State and Federal Debarment 31. Section 5 Types of Purchases 33,5 1 Special Purchases 33. 5 1 1 Texas Council on Purchasing from Persons with Disabilities TCPPD 33. 5 1 1 2 Temporary Staffing Services 33, 5 1 2 Texas Department of Criminal Justice TDCJ Texas Correctional Industries TCI.
Prison Made Goods Act 34, 5 1 2 1 Competitive bidding required for printing services 34. 5 1 3 Council on Competitive Government Contracts CCG 34. 5 2 Purchases under Comptroller of Public Accounts CPA authority common goods and services 35. 5 2 1 Non Delegated Purchases 35,5 2 1 1 CPA Term Contract Purchases 35. 5 2 1 2 CPA Administrated Open Market Purchase 35,5 2 1 2 1 Goods That Exceed 25 000 35. 5 2 1 2 2 Services that Exceed 100 000 36, 5 2 1 2 3 Texas Multiple Award Schedule Contracts TXMAS 36. 5 2 1 2 4 Delivery Based Information Technology Services 37. 5 3 Delegated Purchases 38,5 3 1 Commodity Purchases under 25K 38.
5 3 2 Service Purchases under 100K 38,5 3 3 Professional and Consulting Services 38. Page 3 of 65,5 3 3 1 Professional Services 39,5 3 3 2 Consultant Services 39. 5 3 3 2 2 Consulting Services Relating to Information Technology IT 40. 5 3 4 Sole Source Proprietary Purchases 41,5 3 5 Emergency Purchases 42. 5 3 5 1 Definition of an Emergency 42,5 3 5 2 Justifying an Emergency 42. 5 3 5 3 Declaring an Emergency 43,5 3 5 4 Critical Emergency 43.
5 3 5 5 Disasters 44,5 3 6 Direct Publications 44,5 3 7 Internal Repairs 44. 5 3 8 Distributor Purchases 44, 5 3 9 Procurements with Special Requirements or Restrictions 45. 5 3 9 1 Promotional Items 45,5 3 9 2 Memberships to Organizations 45. 5 3 9 2 a Professional Membership 46,5 3 9 2 b Non Professional Membership 46. 5 3 9 2 c Notary license fees and bond fees 46,5 3 9 2 d Lobbying and Political Organizations 46.
5 3 9 2 e Chambers of Commerce 46, 5 3 9 3 Purchase of HHS Printing Service Policy 46. 5 3 9 4 Awards 48,5 3 9 4 1 Employee Awards 48,5 3 9 4 2 Volunteer Awards 48. 5 3 9 5 Alcohol and Food 49,5 3 9 5 1 Alcohol Constitutional Prohibition 49. 5 3 9 5 2 Food and Equipment Related to Food Preparation or Storage 49. 5 3 9 6 Leased Facilities 49,5 3 9 6 1 Building Leases 49. 5 3 9 6 2 Repairs to Leased Facilities 49, 5 4 Training Conference Registrations and obtaining space for Conferences 50.
5 4 1 Procedure for Training and Conference Registrations 50. 5 4 1 1 Conference meeting Space Requirements 51,5 4 1 2 Prerequisites for Obtaining Space 51. 5 4 1 3 Process for Obtaining Conference or Meeting Room Space 51. 5 5 Office Supply Purchases 51,5 6 Moving Service Purchases 52. 5 7 Furniture Purchases 52, 5 8 Recycled Remanufactured and Environmentally Sensitive Products First Choice 53. 5 8 1 Policy Statement 53,5 9 Payments 54,5 9 1 Advance Payments 54. 5 9 2 Restricted Expenditures 54,5 9 3 Documentation Requirements 54.
Section 6 Agency Reporting Requirements 55,6 1 Reports Notifications 55. 6 1 1 First Choice Reporting 55, Recycled Remanufactured and Environmentally Sensitive Products 55. Page 4 of 65,6 1 2 TIBH Exception Reporting 55, 6 1 3 TDCJ and TCI Prison Made Goods Act Reporting 55. 6 1 4 Vendor Performance Reporting 56,6 1 5 HUB Reporting 57. 6 1 6 Professional and Consultant Services Reporting 57. 6 1 6 1 Consultant Services 57,6 1 6 2 Professional and Consultant Services 58.
6 1 7 Construction Contracts 58,6 1 8 Procurement Plan 58. Document Change Tracking Log 60,Page 5 of 65, Texas Health and Human Services Procurement Manual. Section 1 Purpose,Section 1 Purpose,1 1 Purpose, This manual serves as a purchasing guide for the Health and Human Services HHS agencies and. establishes requirements for interface between the Procurement and Contracting Services PCS Division of. Health and Human Services Commission HHSC and HHS agencies for purchases conducted by PCS on. behalf of the agencies, The manual contains standard procedures for implementing the requirements of Texas statutes and. delegated purchasing authority It is a necessary resource to ensure the application of consistent and sound. business practices in purchasing and contracting and demonstrates PCS s ongoing commitment to. increasing communication among the HHS agencies involved in state procurement. HHS agencies as identified in Texas Government Code 531 are. Health and Human Services Commission HHSC,Department of Aging and Disability Services DADS.
Department of Family and Protective Services DFPS, Department of Assistive and Rehabilitative Services DARS and. Department of State Health Services DSHS, The manual does not address the use and application of the Health and Human Services Automated System. HHSAS HHSAS guidance is found in the HHSAS training manuals. 1 2 Health and Human Services Commission s HHSC Authority to Publish Manual. The authority for the manual is found in Texas Government Code 531 0055 and 2155 144 The policies. are established through the authority of HHSC Executive Commissioner and the Deputy Executive. Commissioner of Procurement and Contracting Services The policies are administered by PCS. PCS maintains the manual in compliance with HHSC and the Texas Comptroller of Public Accounts CPA. rules PCS also provides technical assistance to ensure understanding of and compliance with the manual. Individuals should send suggested changes additions and corrections to the manual to the PCS Associate. Commissioner for consideration,Page 6 of 65, Texas Health and Human Services Procurement Manual. Section 2 Procurement and Contracting Authority,Section 2 Procurement and Contracting Authority. 2 1 Overview of Procurement Authority, The Legislature delegates authority to state agencies In some instances the Legislature has directly.
delegated authority to HHSC In other instances authority is held by other agencies and may be further. delegated to HHSC,2 1 3 Common Commodities or Services. CPA has delegated the authority to HHSC purchase common commodities or services According to. Texas Government Code Section 2155 144 b 1 those goods and services are acquired for. direct consumption or use by the agency in the day to day support of the agency s administrative. operations such as office supplies and equipment building maintenance and cleaning services or. temporary employment services These types of purchases must be done according to statutes. governing CPA and must follow CPA rules and policies. The purchase of certain commodities and services may be exempt by specific statute from the. purchasing authority of CPA exempt from competitive bidding or may be required by statute to be. procured through another specific purchasing method If goods or services are exempted from the. competitive purchasing requirements the purchasing documentation must contain the specific legal. citation authorizing a noncompetitive purchase, CPA provides a chart that specifies common purchases which are exempt from CPA purchase. requirements Document Type 9 Exemptions,2 1 4 Other Commodities and Services. According to Texas Government Code Section 2155 144 b 1 the HHS enterprise is delegated the. authority to purchase certain goods and services including. Consulting services,Professional services,Health Care services. Information Resources Technology, Goods or Services acquired for the benefit or on behalf of clients of programs operated.
by an HHS agency, Procurements specifically authorized or delegated to an HHS agency by statute and. Contracting out agency purchasing functions or other administrative program functions. 2 1 5 Client Services Purchases Goods and Services. Client service goods and services are purchased according to the applicable requirements in Texas. Government Code 2155 144 and HHS Procurement rules. This law requires HHS agencies to use procurement methods that are approved by HHSC and. provide best value to the agency The law also gives HHSC the authority to adopt rules and. procedures for acquiring goods and services that apply to all HHS agencies In addition Texas. Government Code Section 531 0055 grants HHSC the authority to adopt rules to carry out all. agency functions including contracting and purchasing. Page 7 of 65, Texas Health and Human Services Procurement Manual. Section 2 Procurement and Contracting Authority, In addition Texas Government Code Section 2261 001 a Chapter 2261 State Contracting. Standards and Oversight also includes requirements that must be followed for client service. 2 1 6 Delegation of Procurement Contracting Authority for HHS System. The Executive Commissioner may delegate all or a portion of HHS contracting and procurement. functions to HHS agencies 1 The Executive Commissioner has delegated purchasing authority to. 2 1 7 Signature and Delegation of Authority for HHS System. The Governor has granted the HHSC Executive Commissioner the authority to commit the HHS. Agencies to the terms of a contract The Executive Commissioner delegates authority to the HHS. Agencies Commissioner and other staff to sign certain agency contracts and any contract. modification on behalf of the agency HHS Circular C 046 Delegation of Signature and Threshold. Limits for Contracts further defines and clarifies delegation of signature authority and threshold limits. for HHSC and HHS Agencies contracts, Once the contract has been executed it is forwarded to the appropriate HHS staff for inclusion in the. procurement and contract file A copy of the executed contract should be provided to the contractor. Contract Manager and agency Program, PCS will maintain a copy of the HHS Agency delegated signature authority.
2 1 8 Acceptance of Electronically Transmitted and Electronically Signed Contract Record. Pursuant to HHS Circular C 038 it is the policy of HHSC that HHS agencies may accept. electronically signed records including records transmitted electronically by fax or email and. scanned documents that are attached to emails as valid signatures for contract The Electronic. Signature Risk Matrix or equivalent must be used to determine whether electronic. Page 2 of 65 Procurement and Contracting Services Texas Health and Human Services Table of Contents

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