Rule §204.12 Waivers


Published: 2015

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(a) A state agency, other than an institution of higher education, may submit a written request to the department for a waiver of the public solicitation requirement described in subsection (a) of this section. The written request must include the following:   (1) a description of the proposed interagency contract, including the total dollar amount of the contract;   (2) a description of the circumstances that would, in the opinion of the requesting state agency, justify an exception to the public solicitation requirement;   (3) a certification that a procurement under the proposed interagency contract would, in the opinion of the requesting state agency, be more cost effective than a procurement based on a public solicitation of bids or proposals;   (4) detailed cost information to support the certification of cost effectiveness; and   (5) any other information requested by the department. (b) Upon receipt of a request for a waiver, the department shall promptly review the request to determine whether it contains the required information and the required certification of cost effectiveness. If the request does contain such information and certification, the department shall issue a written determination that a procurement under the proposed contract is presumed by the department to be more cost effective than a procurement based on a public solicitation of bids or proposals, and shall issue a written waiver of the public solicitation requirement for the proposed contract. The written waiver shall specify the maximum dollar amount that may be expended in connection with the proposed contract without having to comply with the public solicitation requirement. (c) If the department has not issued a written denial of the waiver request within 15 calendar days following the date of its receipt of the request, the request for a waiver is deemed approved in an amount equal to the total dollar amount of the proposed interagency contract. (d) A decision by the department regarding the issuance of a waiver or a determination of cost effectiveness is final and may not be appealed.

Source Note: The provisions of this §204.12 adopted to be effective November 28, 2004, 29 TexReg 10711; amended to be effective June 28, 2011, 36 TexReg 3917