(a) Determination. The local authority may procure community services non-competitively only if:(1) the procurement is pursuant to the Texas Health and Safety Code, §533.017;(2) the services are proprietary to a single source or only one source can or will provide the service;(3) the services will be provided by a governmental entity;(4) there exists an emergency situation in which a delay may result in harm to a consumer who is to receive the community service;(5) the services are for less than $5000 and the total amount was not divided to qualify for a non-competitive procurement; or(6) a competitive procurement was attempted and either no qualified response or only one qualified response was received.(b) Award. The award of a contract procured non-competitively must be made in accordance with §412.55(c) of this title (relating to Contract Procurement).