Section 20.231 - Multiple Award Contracts Procedure(a) The comptroller or a state agency may use the multiple award contract procedure only after the director or the agency's purchasing director has made a written determination that its use is in the best interest of the state. In arriving at a determination, the director or the agency will consider the following factors: (1) the quality, availability, and reliability of the supplies, materials, equipment, or service and their adaptability to the particular use required;(2) the ability, capacity, and skill of the bidder;(3) the sufficiency of the bidder's financial resources;(4) the bidder's ability to provide maintenance, repair parts, and service; (5) the compatibility with existing equipment;(6) the need for flexibility in evaluating new products on a large scale before becoming contractually committed for all use; and(7) any other relevant factors.(b) When the director or procuring state agency's purchasing director finds that one or more of the above factors is important to the contract and that objective specifications for those factors cannot be prepared, the director or agency's purchasing director may determine that the multiple award contract procedure will serve the best interest of the state.(c) Bids on multiple award invitations will be evaluated as are other bids under § 20.207(b) of this title (relating to Competitive Sealed Bidding), except that more than one award may be made. The basis for determining awards shall be reasonably related to the factors relied upon in using the multiple award contract procedure and shall be disclosed in the bid invitation.34 Tex. Admin. Code § 20.231
The provisions of this §20.231 adopted to be effective January 1, 1976; amended to be effective November 17, 1989, 14 TexReg 5856; amended to be effective December 23, 1993, 18 TexReg 9179; amended to be effective August 5, 1996, 21 TexReg 7039; amended to be effective July 27, 2000, 25 TexReg 6975; transferred effective September 1, 2007, as published in the Texas Register July 6, 2007, 32 TexReg 4237; Adopted by Texas Register, Volume 42, Number 03, January 20, 2017, TexReg 234, eff. 1/24/2017