Section 391.303 - Applicability(a) For purposes of this subchapter, HHS is defined as the Texas Health and Human Services Commission, the Texas Department of State Health Services, the Texas Department of Family and Protective Services, and the Texas Civil Commitment Office.(b) A respondent may protest a solicitation, response evaluation, or contract award if the respondent is able to specifically identify a statutory or regulatory provision that HHS allegedly violated.(c) This subchapter does not apply to:(1) the award of grants or subcontracts;(2) interagency or interlocal agreements executed in accordance with applicable law;(3) open enrollment contracts;(4) rejected applications, purchases, or contract awards in relation to HHSC's group purchasing organizations program; or(5) direct contract awards as specified in § 391.247 of this chapter (relating to Direct Contract Award). (d) HHSC will not consider protests filed pursuant to this subchapter as contested cases under the Administrative Procedure Act, Texas Government Code, Chapter 2001.1 Tex. Admin. Code § 391.303
Adopted by Texas Register, Volume 46, Number 19, May 7, 2021, TexReg 3023, eff. 5/12/2021; Amended by Texas Register, Volume 47, Number 18, May 6, 2022, TexReg 2734, eff. 5/10/2022