| (a) Pursuant to Texas Human Resources Code, Chapter
122 and Texas Government Code §2155.138, a suitable product and/or
service that meets applicable specifications established by the state
or its political subdivisions and that is available within the time
specified must be procured from a CRP at the price determined by the
Commission to be the fair market price under Texas Human Resources
Code §122.007.
(b) The Agency shall review products, services, and
price revisions submitted by the CNA on behalf of participating or
prospective CRPs. Due consideration shall be given to the factors
set forth in Texas Human Resources Code §122.015, as well as
to the extent applicable, the amounts being paid for similar articles
in similar quantities by state agencies purchasing the products or
services not in the state use program.
(c) The Agency may also consider other criteria as
necessary to determine the fair market price of the products and/or
services, including, but not limited to:
(1) changing market conditions;
(2) frequency and volume of past state purchases of
the particular products and/or services offered;
(3) request from a state agency that a CRP develop
and provide a particular product and/or service;
(4) value added necessary to maximize the employment
of people with disabilities; and/or
(5) quality comparison between similar products and/or
services.
(d) The Comptroller shall provide the Agency with the
information and resources necessary for the Agency to comply with
this section.
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