Outside Counsel - IT Legal Support

The Texas Health and Human Services Commission is requesting qualifications for Outside Counsel to provide specialized IT and intellectual property legal support under RFQ No. HHS0017298 v.2, with responses due October 23, 2026 at 10:30 a.m. Central Time.

Respondents must meet minimum qualifications: seven consecutive years of organizational experience in information technology and intellectual property legal matters, and designation of a Lead Attorney licensed in Texas with a minimum of five years of specialization in IT and intellectual property law. Respondents must submit three past-performance templates demonstrating similar services performed for comparable-sized states or the federal government within the last five years. HHSC prefers that client references verify current contact information and observe attorney-client privilege restrictions.

The scope encompasses legal advice on IT transactions, software licensing agreements, intellectual property, data privacy and security, artificial intelligence, compliance review, vendor negotiations, and risk management. Services will be provided throughout Texas; Outside Counsel is responsible for transportation and travel expenses. Subcontractors are prohibited. Compensation will be provided on a fair and reasonable fixed, flat-rate fee basis per service type per case, with hourly fees permitted only for HHSC-approved services not included in the fixed-rate schedule; both methods cannot be used for the same legal service. Administrative staff, law clerks, and interns are not reimbursable. Outside Counsel must pay a non-refundable $1,000 administrative fee to the Office of the Attorney General prior to contract start.

The maximum contract value is $150,000, though HHSC reserves the right to increase this if additional funding becomes available. The initial contract term runs through August 31, 2027, with potential extensions at HHSC's discretion and Office of the Attorney General approval. All contracts are subject to appropriations and continuing fund availability.

Evaluation criteria comprise Organization Experience (30%), Staff Experience and Qualifications (45%), and Demonstrated Competence (25%), scored on a 1-10 scale. A pre-proposal conference is scheduled for September 30, 2026 at 2:00 p.m. Central Time (optional). Written questions are due October 2 at 5:00 p.m. Central Time, with responses posted by October 16. HHSC intends award in December 2026.