SECTION 391.215. Proprietary Purchases

(a) Prior to conducting a proprietary purchase greater than $10,000, a written justification for the use of proprietary specifications or conditions must be completed. The justification must include the following information to document best value to the state.

(1) A description of the goods or services to be purchased and a statement regarding the business need and planned use.

(2) An explanation of why the specifications for the goods or services are written as they are, and why those specifications are necessary to accomplish the goal for the procurement.

(3) An explanation of the reason that no other competing goods or services will satisfy the need and provide examples of the technical, practical, or operational risks that would occur if competing goods or services are selected.

(4) A statement specifying whether the purchase is:

(A) sole source; or

(B) competitive, meaning the specified goods or services are available for purchase through more than one vendor.

(b) A solicitation for a proprietary purchase greater than $25,000 must be posted to the Electronic State Business Daily for a minimum of 14 calendar days.

(c) No competitive bidding is required if the total value of the proprietary sole source contract is $25,000 or less.

Source Note: The provisions of this §391.215 adopted to be effective May 12, 2021, 46 TexReg 3017; amended to be effective May 10, 2022, 47 TexReg 2732