1 Tex. Admin. Code § 391.215 - Proprietary Purchases
(a) Prior to
conducting a proprietary purchase greater than $10,000, a written justification
for the use of proprietary specifications or conditions must be completed. The
justification must include the following information to document best value to
the state.
(1) A description of the goods or
services to be purchased and a statement regarding the business need and
planned use.
(2) An explanation of
why the specifications for the goods or services are written as they are, and
why those specifications are necessary to accomplish the goal for the
procurement.
(3) An explanation of
the reason that no other competing goods or services will satisfy the need and
provide examples of the technical, practical, or operational risks that would
occur if competing goods or services are selected.
(4) A statement specifying whether the
purchase is:
(A) sole source; or
(B) competitive, meaning the specified goods
or services are available for purchase through more than one vendor.
(b) A solicitation for a
proprietary purchase greater than $25,000 must be posted to the Electronic
State Business Daily for a minimum of 14 calendar days.
(c) No competitive bidding is required if the
total value of the proprietary sole source contract is $25,000 or
less.
Notes
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