| (a) A state agency may purchase goods or services under
a contract made by another state agency other than the comptroller
by complying with this rule.
(b) Before making a particular purchase from a contract
made by another state agency, the requesting state agency must notify
the division in writing that the purchase is being considered. The
notification must be signed by the agency's purchasing director and
include a confirmation that a comptroller contract does not exist
for similar goods or services. The agency notification should also
disclose the terms of the other agency contract and capabilities of
the vendor. The agency notification should include a justification
that addresses how using the other agency contract will be more advantageous
than creating a new contract. Relevant factors that may be considered
in the justification are reduced administrative costs, increased responsiveness,
and aggregate purchasing power, among others.
(c) The authority to authorize a purchase under a contract
made by another state agency other than the comptroller resides with
the director. If the director determines that a lower price and overall
best value is available through the comptroller or the goods or services
are already available through a contract administered by the comptroller,
it will so inform the requesting agency after receipt of the notification.
Upon approval to use the other contract, the requesting agency shall
utilize established purchasing procedures for the procurement.
(d) When a contract created by another agency fulfills
an unmet need for more than one agency, the director may endorse the
contract of the other agency as a comptroller contract, and make it
generally available to state agencies and other qualified ordering
entities as appropriate.
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