Texas Family Code - FAM § 264.166. Contingency Plan in Event of Early Contract Termination

(a) In each catchment area in which community-based care is implemented, the department shall create a contingency plan to ensure the continuity of services for children and families in the catchment area in the event of an early termination of the contract with the single source continuum contractor providing foster care services in that catchment area.

(b) To support each contingency plan, the single source continuum contractor providing foster care services in that catchment area, subject to approval by the department, shall develop a transfer plan to ensure the continuity of services for children and families in the catchment area in the event of an early termination of the contract with the department.  The contractor shall submit an updated transfer plan each year and six months before the end of the contract period, including any extension.  The department is not limited or restricted in requiring additional information from the contractor or requiring the contractor to modify the transfer plan as necessary.

(c) If a single source continuum contractor gives notice to the department of an early contract termination or the department gives notice to the contractor of the department's intent to terminate the contract, the department may enter into a contract with a different contractor for the sole purpose of assuming the contract that is being terminated.

(d) Notwithstanding any other law, the department may enter into a contract with a different single source continuum contractor under Subsection (c) without following competitive bidding, advertising, or proposal evaluation requirements, including requirements under Section 2155.083, 2155.132, or 2155.144, Government Code, or Section 40.058, Human Resources Code.