Sec. 2155.067. PROPRIETARY PURCHASES. (a) If, after review under Section 2155.066, the comptroller finds that specifications and conditions of a purchase request describe a product that is proprietary to one vendor and do not permit an equivalent product to be supplied, the comptroller shall require the requesting state agency to justify in writing the specifications or conditions.
(b) The agency head or the presiding officer of the agency's governing body must sign the written justification.
(c) The written justification must:
(1) explain the need for the specifications;
(2) state the reason competing products are not satisfactory; and
(3) provide other information requested by the comptroller.
(d) If the comptroller requires a resubmission with written justification, the comptroller shall notify the requesting state agency of the requirement not later than the 10th day after the date of receiving the purchase request.
(e) Repealed by Acts 1997, 75th Leg., ch. 1206, Sec. 29, eff. Sept. 1, 1997.
(f) The comptroller shall issue an invitation to bid to vendors not later than the 20th day after the date of receiving the required written justification.
(g) Repealed by Acts 2003, 78th Leg., ch. 785, Sec. 75(2).
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 29, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 118, Sec. 1.04, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 785, Sec. 75(2), eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 13, eff. September 1, 2019.
Structure Texas Statutes
Subtitle D - State Purchasing and General Services
Chapter 2155 - Purchasing: General Rules and Procedures
Subchapter B. General Purchasing Requirements, Procedures, and Programs
Section 2155.061. Comptroller Purchasing System
Section 2155.062. Purchase Methods
Section 2155.063. Competitive Bidding Requirement
Section 2155.064. Schedule and Bulk Purchasing
Section 2155.065. Contracts With Department of Criminal Justice
Section 2155.066. Review of Specifications
Section 2155.067. Proprietary Purchases
Section 2155.068. Uniform Standards and Specifications
Section 2155.069. Testing and Inspection
Section 2155.070. Failure to Meet Specifications
Section 2155.072. Statewide or Regional Services Contracts; Studies
Section 2155.073. Participation by Small Businesses in State Purchasing
Section 2155.074. Best Value Standard for Purchase of Goods or Services
Section 2155.075. Requirement to Specify Value Factors in Request for Bids or Proposals
Section 2155.0755. Verification of Use of Best Value Standard
Section 2155.076. Protest Procedures
Section 2155.077. Barring Vendor From Participation in State Contracts
Section 2155.079. Buying Under Contract Established by Agency Other Than Comptroller
Section 2155.080. Advisory Committee on Procurement
Section 2155.081. Vendor Advisory Committee
Section 2155.083. State Business Daily; Notice Regarding Procurements Exceeding $25,000
Section 2155.084. Purchases From Federal Government
Section 2155.085. Reverse Auction Procedure
Section 2155.088. Material Changes to Contracts
Section 2155.089. Reporting Vendor Performance
Section 2155.090. Vendor and Employee Interaction and Communication Policy
Section 2155.091. Chief Procurement Officer: Powers and Duties