(a) Except as provided for in subsection (b) of this section, state agencies must purchase from Department of Information Resources (DIR) cooperative contracts those automated information systems that are designated as commodity items by Government Code, §2157.068.
(b) A state agency is not required to use DIR cooperative contracts to purchase a commodity item if:
  (1) the state agency has obtained an exemption from DIR for the purchase of the commodity item;
  (2) DIR has certified in writing that the commodity item is not available for purchase under an existing DIR cooperative contract;
  (3) the state agency has obtained approval from the Legislative Budget Board under Government Code, §2157.068(f), for the purchase of the commodity item;
  (4) the contract for the commodity item is valued at more than $5 million; or
  (5) the state agency is otherwise exempt from Government Code, §2157.068.
(c) The comptroller designates the request for offers method as the primary purchasing method for procuring automated information systems, including commodity items not procured through DIR. However, in addition to the request for offers method, state agencies may purchase automated information systems using a purchasing method designated by the comptroller to obtain best value for the state.
(d) The procurement of automated information systems must comply with the procurement manual and contract management guide described in §20.131 of this title (relating to Procurement Manual and Contract Management Guide).
(e) The determination of best value for the purchase of an automated information system is governed by Government Code, §2157.003.
(f) The request for offers method is a direct purchase or lease method that contains, at a minimum, the following:
  (1) publication of an open and competitive solicitation, in writing, seeking request for offers for the needed automated information system;
  (2) evaluation of written offers received from qualified vendors as defined in subsection (g) of this section;
  (3) disqualification of offers from vendors that do not meet the minimum requirements of the request for offer or that are not capable of providing the needed automated information system; and
  (4) award to the qualified vendor or vendors providing best value to the state.
(g) A qualified vendor for purposes of this section is a vendor that meets the minimum requirements of the request for offers and is capable, as determined by the state agency, of providing the needed automated information system.
(h) If a state agency believes that the needed automated information system may be proprietary to one vendor under Government Code, §2155.067, it shall include the following statement in bold and prominent type at the beginning of the request for offer: "Although the requested items in this request for offers appear to be proprietary to one vendor under Government Code, §2155.067, all qualified respondents that may be able to provide the requested items are encouraged to submit offers."
(i) A state agency does not need approval or delegation of authority from the comptroller to use the request for offers method.
(j) The request for offers method permits negotiation of contracts, including negotiation of price.

Source Note: The provisions of this §20.222 adopted to be effective December 19, 2022, 47 TexReg 8279