| (a) Upon the filing of a claim or counterclaim, a party
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:
(1) accounting records;
(2) correspondence, including communications between
the commission and outside consultants the other party utilized in
preparing its bid solicitation or any part thereof or in administering
the contract, and correspondence between the contractor and its subcontractors,
materialmen, and vendors;
(3) schedules;
(4) any relevant internal memoranda of the other party;
(5) documents created by the other party in preparing
its offer to the commission and documents created by the commission
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 paper and electronic media.
(c) The contractor and the commission may seek additional
information directly from third parties, including the commission's
third party consultants and the contractor's subcontractors.
(d) Nothing in this section requires any party to disclose
the requested information or any matter that is privileged under Texas
or federal law.
(e) Material submitted under this subsection and claimed
to be confidential by the contractor must be handled in accordance
with the requirements of the Public Information Act, Texas Government
Code, Chapter 552.
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