(a) The comptroller or a state agency may use the multiple award contract procedure only after the director or the agency's purchasing director has made a written determination that its use is in the best interest of the state. In arriving at a determination, the director or the agency will consider the following factors:      
        (1) the quality, availability, and reliability of the supplies, materials, equipment, or service and their adaptability to the particular use required;       
        (2) the ability, capacity, and skill of the bidder;       
        (3) the sufficiency of the bidder's financial resources;       
        (4) the bidder's ability to provide maintenance, repair parts, and service;       
        (5) the compatibility with existing equipment;       
        (6) the need for flexibility in evaluating new products on a large scale before becoming contractually committed for all use; and       
        (7) any other relevant factors.       
      (b) When the director or procuring state agency's purchasing director finds that one or more of the above factors is important to the contract and that objective specifications for those factors cannot be prepared, the director or agency's purchasing director may determine that the multiple award contract procedure will serve the best interest of the state.     
      (c) Bids on multiple award invitations will be evaluated as are other bids under §20.207(b) of this title (relating to Competitive Sealed Bidding), except that more than one award may be made. The basis for determining awards shall be reasonably related to the factors relied upon in using the multiple award contract procedure and shall be disclosed in the bid invitation.     
     Source Note:        The provisions of this §20.231 adopted to be effective January 24, 2017, 42 TexReg 234