(a) The ESBD is established as a means for all state agencies to post notice directly and electronically in an electronic procurement marketplace on the Internet before making a procurement with a value that exceeds $25,000.(b) The requirements of this subchapter are in addition to the requirements of other laws relating to the solicitation of bids, proposals, or other applicable expressions of interest for a procurement by a state agency. This subchapter does not affect whether a state agency is required to award a contract for procurement through competitive bidding, competitive sealed proposals, or another purchasing method.(c) This section applies to each state agency making a procurement that will exceed $25,000.00 in value, without regard to the source of funds the agency will use for the procurement, including a procurement that: (1) is otherwise exempt from the comptroller's purchasing authority;(2) is made under delegated purchasing authority;(3) is related to a construction project; or(4) is a procurement of professional or consulting services.(d) A solicitation does not include an agreement between a state agency and a state agency, local government, or another government entity under Government Code, Chapters 771, 791, 792, or other law.34 Tex. Admin. Code § 20.109
Adopted by Texas Register, Volume 42, Number 03, January 20, 2017, TexReg 229, eff. 1/24/2017