(a) Upon the filing of a claim or counterclaim, the parties
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, without limitation:
(1) accounting records;
(2) correspondence, including, without limitation, correspondence
between the Commission and outside consultants it utilized in preparing its
bid solicitation or any part thereof or in administering the contract, and
correspondence between the contractor and its subcontractors, material men,
and vendors;
(3) schedules;
(4) the parties' internal memoranda;
(5) documents created by the contractor in preparing its
offer and documents created by the Commission in analyzing the offers it received
in response to the solicitation.
(b) This section applies to all information in the parties'
possession regardless of the manner in which it is recorded, including, without
limitation, paper and electronic media.
(c) The parties may seek additional information directly from
third parties, including, without limitation, 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 law.
(e) Material submitted pursuant to this subsection and claimed
to be confidential by the contractor shall be handled pursuant to the requirements
of the Public Information Act.
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