1. (a) Prior to obligating or expending grant funds, grantees must submit to CJD all related procurement documentation, such as requests for proposals or invitations for bids, and independent cost estimates, when:

   1. (1) The procurement is expected to exceed $50,000;
   2. (2) The procurement is expected to exceed $25,000 and will be awarded without competition or only one bid or offer is received in response to a solicitation;
   3. (3) The procurement, which is expected to exceed $25,000, specifies a "brand name" product;
   4. (4) The proposed award over $25,000 will be awarded to someone other than the apparent low bidder under a sealed bid procurement; or
   5. (5) A proposed contract modification changes the scope of a contract or increases the contract amount by more than $25,000.
2. (b) Grantees may not divide purchases or contracts for the purposes of avoiding this rule. 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.
3. (c) Grantees may not obligate or expend grant funds for procurement contracts covered by subsection (a) without written approval from CJD.
4. (d) For the purposes of this section, submittal of a proposed procurement described under subsection (a) through inclusion in a grant application or grant adjustment shall not be considered approval of the procurement by CJD.

Source Note:The provisions of this §3.2013 adopted to be effective February 24, 2000, 25 TexReg 1297.