SECTION 20.35. Request for Voluntary Disclosure of Additional Information

(a) Upon the filing of a claim or counterclaim, either party 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 Commission and outside consultants it utilized in administering the contract, and correspondence between the contractor and its subcontractors, materialmen, and vendors;

(3) schedules;

(4) internal memoranda;

(5) documents created by the contractor in preparing its offer to the Commission and documents created by the Commission 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 Commission may seek additional information directly from third parties, including, without limitation, the contractor's subcontractors.

(d) This section does not require a party, or a third party, to disclose requested information that is privileged under Texas law.

(e) If the contractor, or a third party, claims that any material submitted to the Commission pursuant to this section is confidential, the Commission shall treat such material pursuant to the requirements of Texas Government Code, Chapter 552.

Source Note: The provisions of this §20.35 adopted to be effective February 12, 2004, 29 TexReg 1196