(a) A party who files a claim or counterclaim may request the other party for an opportunity to review and copy information that is in the possession or custody or subject to the control of the other party and that pertains to the contract that is the subject of the claim or counterclaim including, without limitation, the following types of information:
  (1) accounting records;
  (2) correspondence, including, without limitation, correspondence between the agency and outside consultants who assisted in the preparation of the bid solicitation or any part thereof, or in the administration of the contract, and correspondence between the contractor and its subcontractors, material men, and vendors;
  (3) schedules;
  (4) the parties' internal memoranda;
  (5) documents that the contractor created in preparation of the contractor's offer to the agency, and documents that the agency created in analysis of the offers that the agency received in response to the solicitation.
(b) Subsection (a) of this section applies to all information that a party possesses, regardless of the manner in which the information is recorded, including, without limitation, paper and electronic media.
(c) The contractor and the agency may seek additional information directly from third parties, including, without limitation, the agency's third-party consultants and the contractor's subcontractors.
(d) Nothing in this section requires any party to disclose the requested information or any matter that is privileged under Texas law.
(e) Material that is submitted pursuant to this subsection and that the contractor claims is confidential shall be handled pursuant to the requirements of Chapter 552, Government Code.

Source Note: The provisions of this §1.367 adopted to be effective November 29, 2001, 26 TexReg 9631