(a) The ESBD is established as a means for all state
agencies to post notice directly and electronically in an electronic
procurement marketplace on the Internet before making a procurement
with a value that exceeds $25,000.
(b) The requirements of this subchapter are in addition
to the requirements of other laws relating to the solicitation of
bids, proposals, or other applicable expressions of interest for a
procurement by a state agency. This subchapter does not affect whether
a state agency is required to award a contract for procurement through
competitive bidding, competitive sealed proposals, or another purchasing
method.
(c) This section applies to each state agency making
a procurement that will exceed $25,000.00 in value, without regard
to the source of funds the agency will use for the procurement, including
a procurement that:
(1) is otherwise exempt from the comptroller's purchasing
authority;
(2) is made under delegated purchasing authority;
(3) is related to a construction project; or
(4) is a procurement of professional or consulting
services.
(d) A solicitation does not include an agreement between
a state agency and a state agency, local government, or another government
entity under Government Code, Chapters 771, 791, 792, or other law.
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