Section 806.51 - Product Specifications and Exceptions(a) A product manufactured for sale through the Comptroller to any office, department, institution or agency of the state shall be manufactured or produced according to specifications developed by the Comptroller. If the Comptroller has not developed specifications for a particular product, the production shall be based on commercial or federal specifications in current use by the industry.(b) Requisitions for products and/or services required by state agencies are processed by the Comptroller according to Comptroller rules.(c) An exception from subsection (a) of this section may be made in any case as follows: (1) Under the rules of the Comptroller, the product and/or service so produced or provided does not meet the reasonable requirements of the office, department, institution, or agency; or(2) The requisitions made cannot be reasonably complied with through provision of products and/or services produced by individuals with disabilities.(d) An office, department, institution, or agency may not evade purchasing products and/or services produced or provided by individuals with disabilities by requesting variations from standards adopted by the Comptroller when the products and/or services produced or provided by individuals with disabilities, per established standards, are reasonably adapted to the actual needs of the office, department, institution, or agency and comply with Texas Government Code § 2155.138 and § 2155.069.(e) The Comptroller shall provide the Agency with a list of items known to have been purchased under the exceptions provided in subsection (c) of this section monthly, in the format adopted by the Agency.(f) The Agency shall review submitted state agency exception reports made available by the Comptroller that list purchase products or services available from a CNA or CRP under this chapter, but purchased from another business that is not a CNA or CRP under this chapter.(g) The Agency shall coordinate with the employee designated by each state agency to assist in attaining future compliance with this chapter, when an agency makes and reports an unjustified purchase or purchases of a product available under the programs authorized under this chapter.40 Tex. Admin. Code § 806.51
Adopted by Texas Register, Volume 42, Number 23, June 9, 2017, TexReg 3014, eff. 6/12/2017