(a) Pursuant to Government Code, §2156.181, the comptroller may enter into compacts or cooperative purchasing agreements directly with one or more state governments, agencies of other states, or other governmental entities, or may participate in, sponsor, or administer a cooperative purchasing agreement through an entity that facilitates those agreements for the purchase of goods or services if the comptroller determines that the agreement would be in the best interest of the state.     
      (b) In order for a compact or cooperative purchasing agreement to be considered for execution by the comptroller, a state agency shall submit a request to the comptroller that includes:      
        (1) a copy of the compact or the agreement;       
        (2) documentation identifying the procurement process for the requested contract;       
        (3) a needs assessment by the state agency identifying the goods or services that the state agency intends to purchase; and       
        (4) the evaluation criteria supporting the determination that the agreement provides the best value to the state or state agency for the needed goods and services.       
      (c) Before submitting the compact or cooperative purchasing agreement to the comptroller, the director shall review the agreement and prepare a recommendation after considering:      
        (1) the level of competition in the procurement process for the agreement;       
        (2) the benefits and advantages to the state agency and the state by executing the agreement;       
        (3) the costs imposed by the agreement including any fees imposed by the agreement; and       
        (4) whether the agreement provides the best value to the state compared to other procurement options available to the state.       
      (d) Before entering into such compacts or cooperative purchasing agreements, the director shall present the proposal and recommendation to the comptroller for approval.     
     Source Note:        The provisions of this §20.237 adopted to be effective January 24, 2017, 42 TexReg 234