1. (a) General. The Agency may acquire goods or services through a noncompetitive open enrollment solicitation and enter into enrollment contracts with qualified contractors.

   1. (1) An open enrollment solicitation must be conducted in an open and fair manner that reasonably provides interested, qualified contractors with an equal opportunity to obtain a contract or do business with the Agency.
   2. (2) The Agency may consider all relevant factors, as set forth under Texas Labor Code, §352.060(c), when determining whether to award a contract to an applicant.

2. (b) Direct Negotiation for Vocational Rehabilitation Services. In the event the Agency receives no responsive applications to an open enrollment solicitation for vocational rehabilitation goods or services in a specific area of the state, the Agency's Procurement and Contract Services (PCS) division may directly negotiate a contract under the following conditions:

   1. (1) The Agency must first make a written determination that an award through the open market solicitation is not available;
   2. (2) PCS may negotiate with and award a contract to any qualified vendor that meets the requirements of the original solicitation; and
   3. (3) The resulting contract must be at a price consistent with the current market value of the services and have a term not to exceed five years.

Source Note:The provisions of this §858.2 adopted to be effective July 6, 2020, 45 TexReg 4532; amended to be effective May 4, 2026, 51 TexReg 2959.