1. (a) When a procurement is expected to exceed $100,000 or upon CJD request, a grantee must submit to CJD a CJD-prescribed Procurement Questionnaire.

2. (b) When a procurement is expected to exceed $100,000 or upon CJD request, and one of the following conditions exist, a grantee must submit to CJD all related procurement documentation, such as requests for proposals, invitations for bids, or independent cost estimates, along with a CJD-prescribed Procurement Questionnaire:

   1. (1) the procurement is to be awarded without competition or only one bid or offer is received in response to a solicitation;
   2. (2) the procurement specifies a "brand name" product; or
   3. (3) the proposed contract is to be awarded to an entity other than the apparent low bidder under a sealed bid procurement.
3. (c) The information required in subsections (a) and (b) of this section must be submitted to CJD before grant funds are obligated or expended.
4. (d) Grantees may not divide purchases or contracts for the purposes of avoiding the requirements of this section. For purposes of determining compliance, CJD will consider groups of contracts with a single vendor or groups of purchases for the same or similar items as a single procurement.

Source Note:The provisions of this §3.2013 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective September 9, 2001, 26 TexReg 6645; amended to be effective December 16, 2002, 27 TexReg 11729; amended to be effective October 13, 2003, 28 TexReg 8873; amended to be effective June 9, 2004, 29 TexReg 5575.