SECTION 20.162. Solicitation Review

(a) An agency may not publish a solicitation on the ESBD or in the Texas Register until it obtains a CAT review of the solicitation and either complies with each recommendation or submits a written explanation regarding why the recommendation is not applicable to the solicitation.

(b) To obtain CAT review of a solicitation, an agency must submit all solicitation documents, including the solicitation, any documents that are incorporated by reference into the solicitation, and essential supporting documents such as the proprietary purchase justification.

(c) After obtaining CAT review of a solicitation, if an agency substantially revises the solicitation, it may not publish the revised solicitation until it meets the prerequisites in subsections (a) and (b) of this section.

(d) If an agency cannot obtain CAT review within the amount of time it has to complete a procurement to prevent a hazard to life, health, safety, welfare, or property in an emergency, the requirement to obtain CAT review in this section does not apply. An agency shall justify its reliance on this subsection in the procurement file for each procurement that would otherwise require CAT review. A justification submitted in accordance with §20.82(d)(2)(B) of this title and maintained in the procurement file may be sufficient if it demonstrates that CAT review is not required.

Source Note: The provisions of this §20.162 adopted to be effective August 27, 2020, 45 TexReg 5927