34 Tex. Admin. Code § 20.209 - Proprietary Purchases
(a) If the division
finds that a state agency has submitted specifications or conditions of
purchase which are proprietary to one vendor and do not permit an equivalent
good or service to be supplied, the division may require the state agency to
provide written justification before processing the procurement. Within 10 days
thereafter, it will notify the agency of the need for a written justification.
An agency may submit a written justification along with its requisition if it
chooses to do so.
(b) A written
justification for the use of proprietary specifications or conditions shall:
(1) contain an explanation of the need for
the specifications or conditions;
(2) state the reasons why any competing or
equivalent products identified by the division are not satisfactory, addressing
each such product individually;
(3)
contain any other information requested by the division; and
(4) be signed by the agency head, the
chairman of its governing body, or a person to whom such signature authority
has been properly delegated in the agency's procurement plan, or in the case of
an institution of higher education, by a person properly designated as a
purchasing officer for the institution.
(c) When a state agency submits a written
justification meeting the requirements of subsection (b) of this section, the
division shall make the requested purchase.
(d) If a review of the state agency's
proposed specifications or conditions by the division shows that competition
will be unduly limited and are not proprietary to one vendor, the division
shall inform the state agency of the limiting effect caused by the
specification or condition and its possible economic effect.
Notes
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