SECTION 20.184. Requisitions and Specifications

(a) Requisitions.

(1) A purchase is initiated by a state agency's submission of a requisition containing desired specifications and evaluation criteria either electronically or on a form provided or approved by the comptroller. The requisition must also include the agency's certification that funds are available for the purchase.

(2) Following receipt of a requisition and supporting documentation, the comptroller shall review the materials submitted, and shall advise the state agency of any additional documentation required in order for the comptroller to begin the procurement solicitation process. When the comptroller has received all required documentation from the state agency, the comptroller will verify same to the state agency, and will endeavor to complete the requested procurement within 90 days thereafter.

(3) The state agency is responsible for determining its need for a purchase and the comptroller may not question the agency's determination of need. However, the comptroller may require clarification of the specifications to foster open competition. If the agency's specifications unreasonably limit competition, the comptroller may require an additional written explanation.

(4) If the good or service for which the state agency has identified a need has been previously procured by any state agency, the state agency shall include in the documentation submitted to the comptroller a certification that it has reviewed and considered in its development of specifications and evaluation criteria, all vendor performance reports previously submitted by user agencies for all previous contractors who have provided such good or service to state agencies.

(b) Specifications.

(1) The comptroller develops standard specifications for a number of goods purchased by the state and provides agencies with a list of the goods covered by the standard specifications. If an agency submits a requisition with non-standard specifications when an applicable standard specification exists, it must include an explanation as to why the standard specification is not being used.

(2) If a state agency submits a requisition for the purchase of a product on the open market when an equivalent product is available for purchase under a term contract, it must include an acceptable explanation as to why the term contract product is not satisfactory.

(3) The comptroller will review the specifications and evaluation criteria submitted by a state agency. The comptroller will not significantly change specifications or evaluation criteria without written approval from the agency, but it may correct typographical errors if doing so will not significantly change the specifications. Incorrect, inadequate, or incomplete requisitions may be returned to the agency, with a written explanation for the return and the requirements for acceptable re-submission.

(4) The comptroller will normally specify delivery times that are standard in the industry. If a state agency requires shorter than standard delivery times, it must state the requirement in its requisition. If the delivery requirement can only be met by one vendor, written justification will be required. If an agency does not require early delivery but wishes to take advantage of it if available, the comptroller will state in the bid invitation that the ability to make early delivery may be a factor in making the award. In such cases, when it is to the state's advantage, the comptroller may award a contract to a bid other than the lowest priced bid after consulting with the agency. If the bid invitation contains no statement regarding early delivery, the comptroller may not consider early delivery in making an award.

Source Note: The provisions of this §20.184 adopted to be effective January 24, 2017, 42 TexReg 232