One-Time Exemption Requests

State Agencies are required to purchase through DIR (TGC 2157.068), however, certain purchases may be exempt depending on the purchase and the program area the purchase would be made under. This page will walk your agency through submitting a one-time exemption request for our various program areas. DIR's exemption process is structured based on Texas Administrative Code 212.

Generally, one-time exemption requests for Cooperative Contract purchases submitted to DIR must provide the following information:

  • Cost. This includes the cost of making the procurement, cost for implementation, and any recurring costs over the term of the requested exemption. If a State Agency determines the cost for procuring an IT commodity is less expensive through an avenue other than a DIR contract, the cost information must be provided to DIR. Any quotes received from a vendor must be included with the request.   
  • Terms and Conditions. If a State Agency determines that certain terms and conditions are not available through the DIR contract and cannot be added to the DIR contract, the terms and conditions and the state agency requirement that is satisfied by those terms and conditions must be included in the request.
  • Funding source restrictions. If a State Agency encounters specific restrictions related to the funding source that would prevent it from procuring an IT commodity through a DIR contract, a description of those restrictions must be included in the request.   
  • Compatibility with existing technology infrastructure. If a State Agency determines that its technological requirements cannot be delivered by an IT commodity available through DIR contracts, a detailed description of the compatibility issues must be included in the request. The use of a particular hardware, software, or technology service by itself is not sufficient justification for exemption. 
  • Proprietary restrictions. If a State Agency encounters proprietary restrictions that would prevent it from procuring an IT commodity item through a DIR contract, a description of those restrictions must be included in the request.
  • Other circumstances or requirements. If a State Agency has other extenuating circumstances or requirements that would justify why an IT commodity cannot be procured through a DIR contract, a description of the circumstances or requirements must be included in the request.

This includes the cost of making the procurement, cost for implementation, and any recurring costs over the term of the requested exemption. If a State Agency determines the cost for procuring an IT commodity is less expensive through an avenue other than a DIR contract, the cost information must be provided to DIR. Any quotes received from a vendor must be included with the request.   

If a State Agency determines that certain terms and conditions are not available through the DIR contract and cannot be added to the DIR contract, the terms and conditions and the state agency requirement that is satisfied by those terms and conditions must be included in the request.

If a State Agency encounters specific restrictions related to the funding source that would prevent it from procuring an IT commodity through a DIR contract, a description of those restrictions must be included in the request.   

If a State Agency determines that its technological requirements cannot be delivered by an IT commodity available through DIR contracts, a detailed description of the compatibility issues must be included in the request. The use of a particular hardware, software, or technology service by itself is not sufficient justification for exemption. 

If a State Agency encounters proprietary restrictions that would prevent it from procuring an IT commodity item through a DIR contract, a description of those restrictions must be included in the request.

If a State Agency has other extenuating circumstances or requirements that would justify why an IT commodity cannot be procured through a DIR contract, a description of the circumstances or requirements must be included in the request.

Submit Exemption Requests for Cooperative Contracts Purchases

Access the Exemption Portal to submit your exemption request from Cooperative Contracts.

Cooperative Contracts Exemption Request Review Process

State Agencies requesting exemptions from Cooperative Contracts will submit their request to DIR for review and approval. DIR will have a maximum of 15 business days from date of receipt for evaluation and approval.

State Agencies may request that their exemption be expedited (TAC 212.21). The expedited exemption request must include a statement from the head of the requesting state agency, or his/her designee, describing the circumstances and justification for expedited review by the department. DIR will process the expedited request within 3 business days.

DIR will notify the requesting State Agency of its decision to approve or deny the exemption request. The approval notification will include the specific scope, terms, requirements, and duration for which the exemption is approved. If the approval contains a scope, terms, requirements, or a duration that is not as broad as the State Agency’s request, DIR will provide an explanation of the variance.

If the exemption request is denied, DIR shall provide the State Agency a written explanation of the basis for the denial. A State Agency that does not agree with the basis for denial may submit an appeal to the Legislative Budget Board.

Questions for Cooperative Contracts

Contact our Cooperative Contracts team with any questions

Cooperative Contracts Exemptions Team

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