SECTION 212.30. Written Request and Certification Process

(a) A state agency may submit a written request to the department for a written certification that a commodity item is not available for purchase under an existing contract developed by the department, so that the state agency may purchase the commodity item through a contract developed by a local government purchasing cooperative under Texas Government Code Chapter 791. The state agency shall not take any action on the contemplated purchase until the request for certification is either issued or denied by the department.

(b) A request for certification must be in writing and include sufficient documentation to support the validity of the request. The department may request additional information in order to determine whether the certification should be issued or denied if the commodity item is available for purchase under an existing contract developed by the department.

(c) Upon review of a written request for certification, the department shall issue, in writing, either a certification or denial. A written certification shall include all pertinent terms and conditions of the certification, including but not limited to, the specific commodity item, expiration date, and quantity, as applicable, and any other conditions related to the proposed purchase. A written denial shall include the basis for the denial.

(d) If the department has not issued a written denial of the request for certification within fifteen business days following the date of its receipt of the request or the date of receipt of requested additional information, the certification shall be deemed to have been issued for the period of time described in the certification request.

Source Note: The provisions of this §212.30 adopted to be effective March 19, 2014, 39 TexReg 1927; amended to be effective November 23, 2015, 40 TexReg 8195; amended to be effective February 10, 2022, 47 TexReg 490