(a) A state agency may submit a written request to the department for an exemption from the commodity items purchasing requirement described in Subchapter B of this chapter. The state agency shall not take any action on the contemplated purchase until the request for exemption is either approved or denied by the department.

(b) A request for an exemption must be in writing and include sufficient documentation to support the validity of the request. The department may request additional information in order to determine whether the proposed purchase is in the best interest of the state. The department shall not issue an exemption approval for a purchase that has already taken place. The department shall not issue an exemption approval solely on the basis that a solicitation has already been issued.

(c) Upon review of a written request for exemption, the department shall issue, in writing, either an approval or denial. A written approval shall include all pertinent terms and conditions of the exemption, including but not limited to, the dollar limit, expiration date, the quantity, list of specific commodity items, and any other conditions related to the proposed purchase. A written denial shall include the basis for the denial.

(d) If the department has not issued a written denial of the exemption request within fifteen (15) business days following the date of its receipt of the request, or the date of receipt of requested additional information, the request for the exemption shall be deemed to have been approved for an amount equal to the total dollar amount of the proposed purchase or for the period of time described in the exemption request.

Source Note: The provisions of this §212.20 adopted to be effective September 22, 2005, 30 TexReg 5948; amended to be effective November 17, 2011, 36 TexReg 7662; amended to be effective November 23, 2015, 40 TexReg 8195