Sec. 122.015.  DETERMINATIONS OF FAIR MARKET VALUE.  (a)  In determining the fair market value of products or services offered for sale under this chapter, the workforce commission shall give due consideration to the following type of factors:
(1)  to the extent applicable, the amounts being paid for similar articles in similar quantities by federal agencies purchasing the products or services under the authorized federal program of like effect to the state program authorized by this chapter;
(2)  the amounts which private business would pay for similar products or services in similar quantities if purchasing from a reputable corporation engaged in the business of selling similar products or services;
(3)  to the extent applicable, the amount paid by the state in any recent purchases of similar products or services in similar quantities, making due allowance for general inflationary or deflationary trends;
(4)  the actual cost of manufacturing the product or performing a service at a community rehabilitation program offering employment services on or off premises to persons with disabilities, with adequate weight to be given to legal and moral imperatives to pay workers with disabilities equitable wages; and
(5)  the usual, customary, and reasonable costs of manufacturing, marketing, and distribution.
(b)  The actual cost of manufacturing a product or performing a service consists of costs directly associated with a contract and includes costs for labor, raw materials used in the production of the product, storage, and delivery.  Actual costs do not include a cost associated with an individual's preparation to perform the work activity.
(c)  The fair market value of a product or service, determined after consideration of relevant factors of the foregoing type, may not be excessive or unreasonable.
(d)  The comptroller shall provide the workforce commission with the information and resources necessary for the workforce commission to comply with this section.
Amended by Acts 1995, 74th Leg., ch. 460, Sec. 1, eff. Sept. 1, 1995.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 15, eff. September 1, 2015.