| (a) An agency may not publish a solicitation on the
ESBD or in the Texas Register until
it obtains a CAT review of the solicitation and either complies with
each recommendation or submits a written explanation regarding why
the recommendation is not applicable to the solicitation.
(b) To obtain CAT review of a solicitation, an agency
must submit all solicitation documents, including the solicitation,
any documents that are incorporated by reference into the solicitation,
and essential supporting documents such as the proprietary purchase
justification.
(c) After obtaining CAT review of a solicitation, if
an agency substantially revises the solicitation, it may not publish
the revised solicitation until it meets the prerequisites in subsections
(a) and (b) of this section.
(d) If an agency cannot obtain CAT review within the
amount of time it has to complete a procurement to prevent a hazard
to life, health, safety, welfare, or property in an emergency, the
requirement to obtain CAT review in this section does not apply. An
agency shall justify its reliance on this subsection in the procurement
file for each procurement that would otherwise require CAT review.
A justification submitted in accordance with §20.82(d)(2)(B)
of this title and maintained in the procurement file may be sufficient
if it demonstrates that CAT review is not required.
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