| (a) A party who files a claim or counterclaim may request the
other party for an opportunity to review and copy information that is in the
possession or custody or subject to the control of the other party and that
pertains to the contract that is the subject of the claim or counterclaim
including, without limitation, the following types of information:
(1) accounting records;
(2) correspondence, including, without limitation, correspondence
between the agency and outside consultants who assisted in the preparation
of the bid solicitation or any part thereof, or in the administration of the
contract, and correspondence between the contractor and its subcontractors,
material men, and vendors;
(3) schedules;
(4) the parties' internal memoranda;
(5) documents that the contractor created in preparation of
the contractor's offer to the agency, and documents that the agency created
in analysis of the offers that the agency received in response to the solicitation.
(b) Subsection (a) of this section applies to all information
that a party possesses, regardless of the manner in which the information
is recorded, including, without limitation, paper and electronic media.
(c) The contractor and the agency may seek additional information
directly from third parties, including, without limitation, the agency'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 law.
(e) Material that is submitted pursuant to this subsection
and that the contractor claims is confidential shall be handled pursuant to
the requirements of Chapter 552, Government Code.
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