(a) Upon the filing of a claim or counterclaim, a party may request to review and copy information in the possession or custody or subject to the control of the other party that pertains to the contract claimed to have been breached, including:
  (1) accounting records;
  (2) correspondence, including communications between the commission and outside consultants the other party utilized in preparing its bid solicitation or any part thereof or in administering the contract, and correspondence between the contractor and its subcontractors, materialmen, and vendors;
  (3) schedules;
  (4) any relevant internal memoranda of the other party;
  (5) documents created by the other party in preparing its offer to the commission and documents created by the commission in analyzing the offers it received in response to a solicitation.
(b) Subsection (a) of this section applies to all information in the parties' possession regardless of the manner in which it is recorded, including paper and electronic media.
(c) The contractor and the commission may seek additional information directly from third parties, including the commission'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 or federal law.
(e) Material submitted under this subsection and claimed to be confidential by the contractor must be handled in accordance with the requirements of the Public Information Act, Texas Government Code, Chapter 552.

Source Note: The provisions of this §27.85 adopted to be effective February 22, 2001, 26 TexReg 1493; amended to be effective July 3, 2024, 49 TexReg 4768