If, after review under Section 2155.066 (Review of Specifications), the comptroller finds that specifications and conditions of a purchase request describe a product that is proprietary to one vendor and do not permit an equivalent product to be supplied, the comptroller shall require the requesting state agency to justify in writing the specifications or conditions.
The agency head or the presiding officer of the agency’s governing body must sign the written justification.
The written justification must:
explain the need for the specifications;
state the reason competing products are not satisfactory; and
provide other information requested by the comptroller.
If the comptroller requires a resubmission with written justification, the comptroller shall notify the requesting state agency of the requirement not later than the 10th day after the date of receiving the purchase request.
Repealed by Acts 1997, 75th Leg., ch. 1206, Sec. 29, eff. Sept. 1, 1997.
The comptroller shall issue an invitation to bid to vendors not later than the 20th day after the date of receiving the required written justification.
Repealed by Acts 2003, 78th Leg., ch. 785, Sec. 75(2).Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 29, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 118, Sec. 1.04, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 785, Sec. 75(2), eff. Sept. 1, 2003.Amended by:Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 13, eff. September 1, 2019.