Section 20.236 - Buying Under Contract Established by an Agency other Than Comptroller(a) A state agency may purchase goods or services under a contract made by another state agency other than the comptroller by complying with this rule.(b) Before making a particular purchase from a contract made by another state agency, the requesting state agency must notify the division in writing that the purchase is being considered. The notification must be signed by the agency's purchasing director and include a confirmation that a comptroller contract does not exist for similar goods or services. The agency notification should also disclose the terms of the other agency contract and capabilities of the vendor. The agency notification should include a justification that addresses how using the other agency contract will be more advantageous than creating a new contract. Relevant factors that may be considered in the justification are reduced administrative costs, increased responsiveness, and aggregate purchasing power, among others.(c) The authority to authorize a purchase under a contract made by another state agency other than the comptroller resides with the director. If the director determines that a lower price and overall best value is available through the comptroller or the goods or services are already available through a contract administered by the comptroller, it will so inform the requesting agency after receipt of the notification. Upon approval to use the other contract, the requesting agency shall utilize established purchasing procedures for the procurement.(d) When a contract created by another agency fulfills an unmet need for more than one agency, the director may endorse the contract of the other agency as a comptroller contract, and make it generally available to state agencies and other qualified ordering entities as appropriate.34 Tex. Admin. Code § 20.236
Adopted by Texas Register, Volume 42, Number 03, January 20, 2017, TexReg 234, eff. 1/24/2017