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TITLE 1ADMINISTRATION
PART 10DEPARTMENT OF INFORMATION RESOURCES
CHAPTER 204INTERAGENCY CONTRACTS FOR INFORMATION RESOURCES TECHNOLOGIES
SUBCHAPTER CINSTITUTION OF HIGHER EDUCATION INTERAGENCY CONTRACTS
RULE §204.31Exceptions to Public Solicitation Requirement

An institution of higher education may procure information resources technologies from another state agency or institution of higher education without first giving public notice of a request for proposals or an invitation for bids in the following cases:

  (1) both parties are institutions of higher education with a common governing board that are not subject to the requirements of Chapter 771, Texas Government Code pursuant to §51.928, Texas Education Code;

  (2) the total dollar amount of the proposed interagency contract does not exceed $100,000;

  (3) the institution of higher education has requested and received a waiver from the department in accordance with 1 T.A.C. §204.32, and the total dollar amount of the proposed interagency contract does not exceed the amount specified by the department in the waiver; or

  (4) the total dollar amount of the proposed interagency contract does not exceed $1 million and one or more of the following circumstances are present:

    (A) the primary purpose of the proposed interagency contract is the direct accomplishment of a specific legislative mandate;

    (B) the procurement constitutes an emergency purchase under applicable State of Texas procurement rules; or

    (C) the procurement constitutes a proprietary purchase under applicable State of Texas procurement rules.


Source Note: The provisions of this §204.31 adopted to be effective November 28, 2004, 29 TexReg 10711; amended to be effective June 28, 2011, 36 TexReg 3917

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