1. (a) This chapter does not apply to:

   1. (1) the lease, purchase, or lease-purchase of real property;
   2. (2) interstate or international agreements executed in accordance with applicable law;
   3. (3) an agreement under the Interagency Cooperation Act, Texas Government Code, Chapter 771;
   4. (4) an agreement under the Interlocal Cooperation Act, Texas Government Code, Chapter 791; or
   5. (5) the award of a grant when the substance of the transaction meets the definition of subaward provided to a subrecipient to carry out a program for a public purpose as defined in the Code of Federal Regulations, Title 2 §200.92 or the State of Texas Uniform Grant Management Standards, or its successor.
2. (b) Subchapter B of this chapter (relating to Procurement and Special Contracting Methods) does not apply to the purchase of common goods and services delegated to HHSC and each health and human services agency by the Comptroller for the direct consumption or use in the day-to-day support of administrative operations.

Source Note:The provisions of this §391.105 adopted to be effective May 12, 2021, 46 TexReg 3017.