(RFP) for Recovery Audit Contractor (RAC) - Texas Health and ...

1.13 Protest Procedures
Texas Administrative Code, Title 1, Part 15, Chapter 392, Subchapter C outlines HHSC’s
respondent protest procedures.
1.14 Interpretive Conventions
Whenever the terms “shall,” “will”, “must,” or “is required” are used in this RFP in conjunction
with a specification or performance requirement, the specification or requirement is mandatory.
A respondent’s failure to address or meet any mandatory requirement in a proposal may be
cause for HHSC’s rejection of the proposal.
Whenever the terms “can,” “may,” or “should” are used in this RFP in conjunction with a
specification or performance requirement, the specification or performance requirement is a
desirable, but not mandatory, requirement. Accordingly, a respondent’s failure to address or
provide any items so referred to will not be the cause for rejection of the proposal, but will likely
result in a less favorable evaluation.
1.15 Agreement to Accept and Abide by the RFP and RFP Process
The respondent that submits a proposal in response to this RFP agrees, on its own behalf and
on behalf of any parent or subordinate organization and all proposed Subcontractors, to the
following:
1. It accepts without reservation or limitation as lawful and binding the proposal submission
requirements and rules and the procurement procedures, processes, and specifications
identified in this RFP, including any RFP addenda and all appendices to this RFP.
2. It accepts without reservation or limitation as lawful and binding HHSC’s use of the
evaluation methodology and evaluation process as described in Section 5 of this RFP.
3. It accepts without reservation or limitation as lawful and binding HHSC’s sole,
unrestricted right to reject any or all proposals submitted in response to this RFP.
4. It accepts without reservation or limitation as lawful and binding the substantive,
professional, legal, procedural, and technical propriety of the scope of work in the RFP.
5. A respondent may raise objections to certain contractual language in the RFP, including
the General Terms and Conditions, if the objections are clearly stated in the respondent
Transmittal Letter as described in Section 3.14.4. A Bidder may not object to contractual
language that is required by federal or state laws or regulations. HHSC will more
favorably evaluate a Bidder that raises few or no objections to the contractual terms and
conditions. HHSC reserves the right to consider a proposal as non-responsive if the
respondent objects to contractual language required by federal or state laws or
regulations.
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