SECTION 1.43. Request for Voluntary Disclosure of Additional Information

(a) Upon the filing of a claim or counterclaim, the parties may request to review and copy, without limitation, the following information that may be in the possession or custody, or that is subject to the control of the other party, and that pertains to the contract claimed to have been breached, regardless of the manner in which the information is recorded, including paper and electronic media:

(1) accounting records;

(2) correspondence, including, without limitation, correspondence between the Board 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;

(3) schedules;

(4) the parties' internal memoranda; and

(5) documents created by the contractor in preparing its offer to the Board and documents created by the Board in analyzing the offers it received in response to a solicitation.

(b) The contractor and the agency may seek additional information directly from third parties, including, without limitation, third-party consultants, and the contractor's subcontractors.

(c) Nothing in this section requires any party to disclose the requested information or any matter that is privileged under Texas law. 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.

(d) 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 §1.43 adopted to be effective February 26, 2004, 29 TexReg 1658