SECTION 212.11. List of Commodity Items

(a) The department shall compile and maintain a list of commodity items available for purchase through the department. The department shall make the list available on the department's website.

(b) A state agency shall comply with the requirements of Texas Government Code §2157.068 when contracting to purchase commodity items. The value of a contract shall be calculated in accordance with the definition found in §212.1(2) of this chapter.

(c) For a contract with a value of more than $5 million but not more than $10 million, a state agency may purchase a commodity item using a purchasing method designated by the comptroller under Texas Government Code §2157.006(a)(2).

(d) Amendments proposed in calendar year 2021 to the definition of contract found in §212.1 of this chapter that impact how a state agency determines dollar value of a contract apply only to a contract for which a state agency first advertises or otherwise solicits offers, bids, proposals, qualifications, or other applicable expressions of interest on or after the effective date of the adopted rule amendment. Contracts that solicit offers, bids, proposals, qualifications, or other applicable expressions of interest prior to the effective date of this adopted rule are subject to the previous version of these rules.

Source Note: The provisions of this §212.11 adopted to be effective September 22, 2005, 30 TexReg 5948; amended to be effective November 17, 2011, 36 TexReg 7662; amended to be effective November 23, 2015, 40 TexReg 8195; amended to be effective November 20, 2017, 42 TexReg 6506; amended to be effective February 10, 2022, 47 TexReg 490