SECTION 23.68. Vendor Contract and Duties

(a) Vendor Services. The department may contract with a vendor to provide one or more of the following services for the program:

(1) conducting market research under §23.67 of this subchapter (relating to Market Research and Product Selection);

(2) soliciting products;

(3) conducting initial product selection; or

(4) managing product acquisitions, inventory, or sales.

(b) Product Selection. The final selection of a product for the program must be made by the department.

(c) Records. A vendor that contracts with the department under the program must maintain all records received from a wholesaler regardless of whether the wholesaler's product was selected for the program.

(d) Agreement with Wholesaler. A vendor that contracts to manage product acquisitions for the department shall enter into an agreement under §23.71 of this subchapter (relating to Wholesaler Agreement) with each wholesaler whose products are acquired by the vendor for the program.

(e) Agreement with Retailer. A vendor that contracts to manage product sales for the department shall enter into an agreement under §23.72 of this subchapter (relating to Retailer Agreement) with each retailer that sells products for the program through the vendor.

Source Note: The provisions of this §23.68 adopted to be effective January 7, 2015, 40 TexReg 95