Outside Legal Counsel for Information Technology Matters

The Health and Human Services Commission (HHSC) of Texas is seeking qualified law firms to serve as Outside Counsel for complex information technology matters under solicitation HHS0017298, which falls under NAICS Code 541110. The scope of work requires legal expertise in intellectual property, data security, and artificial intelligence, including advising on draft documents, negotiating software licensing agreements, conducting compliance reviews, and implementing risk management strategies to ensure best-value procurement. The contract term begins upon execution and extends through August 31, 2027, with the possibility of extensions beyond that date at the discretion of the Office of the Attorney General, provided there is at least thirty days’ written notice and a formal written amendment signed by all parties. Extensions, if granted, will maintain the current contract rates unless otherwise modified. The total compensation under the contract is capped at $150,000, though HHSC retains the right to increase funding if additional state or federal resources become available; however, no guarantees are made regarding volume, usage, or payment, as all obligations are subject to appropriations and fund availability. Pricing will not be evaluated during the selection process; instead, the award is based on best value determined by demonstrated competence and qualifications, with the highest-scoring respondent then entering price negotiations. Respondents must meet a mandatory pass/fail criterion of seven consecutive years of experience in information technology and intellectual property legal matters, either through their organization or through principals with recent ownership or management experience in a related firm. A designated Lead Attorney must be named, and all applicants must submit a company profile detailing ownership structure and be authorized to conduct business in Texas, evidenced by a Certificate of Fact from the Texas Secretary of State. Proposals must include completed HHS Solicitation Affirmations (Exhibit A), past performance data (Exhibit B), and compliance with the Standards of Conduct, Public Information Act disclosure requirements, and Intellectual Property Waiver provisions. Insurance coverage meeting the specifications in Exhibit C must be maintained throughout the contract term, with failure to do so constituting a material breach. Indemnification obligations require the respondent to defend, indemnify, and hold harmless the State and HHSC from all claims, with coordination through the Office of the Attorney General. Submission must adhere to strict formatting rules, including two identical searchable PDFs—one for confidential review and one for public disclosure—and either upload via the HHS Online Bid Room or physical delivery via two labeled USB drives to the specified Austin address. Respondents