SECTION 806.52. Determination of Fair Market Value

(a) Pursuant to Texas Human Resources Code, Chapter 122 and Texas Government Code §2155.138, a suitable product and/or service that meets applicable specifications established by the state or its political subdivisions and that is available within the time specified must be procured from a CRP at the price determined by the Commission to be the fair market price under Texas Human Resources Code §122.007.

(b) The Agency shall review products, services, and price revisions submitted by the CNA on behalf of participating or prospective CRPs. Due consideration shall be given to the factors set forth in Texas Human Resources Code §122.015, as well as to the extent applicable, the amounts being paid for similar articles in similar quantities by state agencies purchasing the products or services not in the state use program.

(c) The Agency may also consider other criteria as necessary to determine the fair market price of the products and/or services, including, but not limited to:

(1) changing market conditions;

(2) frequency and volume of past state purchases of the particular products and/or services offered;

(3) request from a state agency that a CRP develop and provide a particular product and/or service;

(4) value added necessary to maximize the employment of people with disabilities; and/or

(5) quality comparison between similar products and/or services.

(d) The Comptroller shall provide the Agency with the information and resources necessary for the Agency to comply with this section.

Source Note: The provisions of this §806.52 adopted to be effective June 12, 2017, 42 TexReg 3003