(a) A product manufactured for sale through the Comptroller
to any office, department, institution or agency of the state shall
be manufactured or produced according to specifications developed
by the Comptroller. If the Comptroller has not developed specifications
for a particular product, the production shall be based on commercial
or federal specifications in current use by the industry.
(b) Requisitions for products and/or services required
by state agencies are processed by the Comptroller according to Comptroller
rules.
(c) An exception from subsection (a) of this section
may be made in any case as follows:
(1) Under the rules of the Comptroller, the product
and/or service so produced or provided does not meet the reasonable
requirements of the office, department, institution, or agency; or
(2) The requisitions made cannot be reasonably complied
with through provision of products and/or services produced by individuals
with disabilities.
(d) An office, department, institution, or agency may
not evade purchasing products and/or services produced or provided
by individuals with disabilities by requesting variations from standards
adopted by the Comptroller when the products and/or services produced
or provided by individuals with disabilities, per established standards,
are reasonably adapted to the actual needs of the office, department,
institution, or agency and comply with Texas Government Code §2155.138
and §2155.069.
(e) The Comptroller shall provide the Agency with a
list of items known to have been purchased under the exceptions provided
in subsection (c) of this section monthly, in the format adopted by
the Agency.
(f) The Agency shall review submitted state agency
exception reports made available by the Comptroller that list purchase
products or services available from a CNA or CRP under this chapter,
but purchased from another business that is not a CNA or CRP under
this chapter.
(g) The Agency shall coordinate with the employee designated
by each state agency to assist in attaining future compliance with
this chapter, when an agency makes and reports an unjustified purchase
or purchases of a product available under the programs authorized
under this chapter.
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