(a) Upon the filing of a claim or counterclaim, parties may
request to review and copy information in the possession or custody or subject
to the control of the other party that pertains to the contract claimed to
have been breached, including, without limitation:
(1) accounting records;
(2) correspondence, including, without limitation, correspondence
between the Agency and outside consultants it utilized in preparing its bid
solicitation or any part thereof or in administering the contract, and correspondence
between the contractor and its subcontractors, materialmen, and vendors;
(4) the parties' internal memoranda; and
(5) documents created by the contractor in preparing its
offer to the Agency and documents created by the Agency in analyzing the offers
it received in response to a solicitation.
(b) Subsection (a) of this section applies to all information
in the parties' possession regardless of the manner in which it is recorded,
including, without limitation, paper and electronic media.
(c) The contractor and the Agency may seek additional information
directly from third parties, including, without limitation, the Agency's third-party
consultants and the contractor's subcontractors.
(d) Nothing in this section requires any party to disclose
the requested information or any matter that is privileged under Texas law.
(e) Material submitted pursuant to this subsection and claimed
to be confidential by the contractor shall be handled pursuant to the requirements
of the Public Information Act.
Source Note: The provisions of this §800.455 adopted to be effective August 23, 2000, 25 TexReg 8063