(a) Upon the filing of a claim or counterclaim, parties 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, without limitation:
  (1) financial or accounting records;
  (2) correspondence, including, without limitation, correspondence between HHSC and outside consultants HHSC utilized in preparing its solicitation or any part thereof or in administering the contract, and correspondence between the contractor and its subcontractors, materialmen, and vendors;
  (3) schedules;
  (4) the parties' internal memoranda; and
  (5) documents created by the contractor in preparing its offer to HHSC and documents created by HHSC 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, without limitation, paper and electronic media.
(c) The contractor and HHSC may seek additional information directly from third parties.
(d) Nothing in this section requires any party to disclose the requested information or any matter that may be privileged or confidential under state or federal law.
(e) Material submitted pursuant to this section shall be handled pursuant to the requirements of the Public Information Act.

Source Note: The provisions of this §391.725 adopted to be effective May 12, 2021, 46 TexReg 3017