| (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.
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