reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter B - CONTRACTS FOR HIGHWAY PROJECTS › Section 9.15 - Acceptance, Rejection, and Reading of Bids

Current through Reg. 49, No. 28; July 12, 2024
(a) Public reading.
				  Bids will be opened and read in accordance with Transportation Code, §
										223.004 and
				  §
										223.005. Bids for
				  contracts with an engineer's estimate of less than $300,000 may be filed with
				  the district engineer at the headquarters for the district, and opened and read
				  at a public meeting conducted by the district engineer, or his or her designee
				  on behalf of the commission.
(b)
				  Bids not considered.
(1) The department will
				  not consider a bid if:
(A) the bid is
				  submitted by an unqualified bidder;
(B) the bid is in a form other than the
				  official bid form issued to the bidder;
(C) the certification and affirmation are not
				  signed;
(D) the bid was not in the
				  hands of the letting official at the time and location specified in the
				  advertisement;
(E) the bidder
				  modifies the bid in a manner that alters the conditions or requirements for
				  work as stated in the proposal form;
(F) the bid guaranty, when required, does not
				  comply with §
												9.14(d) of this
				  subchapter;
(G) the proposal form
				  was signed by a person who was not authorized to bind the bidder or
				  bidders;
(H) the bid does not
				  include a fully completed HUB plan in accordance with §
												9.356 of this chapter when
				  required;
(I) a typed proposal form
				  does not contain the information in the format shown on the "Example of Bid
				  Prices Submitted by a Computer Printout" in the proposal form;
(J) the bidder was not authorized to be
				  issued a bid form under §
												9.13(e) of this
				  subchapter;
(K) the bid did not
				  otherwise conform with the requirements of §
												9.14 of this subchapter;
(L) the bidder fails to properly acknowledge
				  receipt of all addenda;
(M) the bid
				  submitted has the incorrect number of bid items;
(N) the bidder does not meet the applicable
				  technical qualification requirements;
(O) the bidder fails to submit a DBE
				  commitment within the period described by §
												9.17(i) of this
				  subchapter;
(P) the bidder fails to
				  meet the requirements of §
												9.17(j) of this
				  subchapter relating to participation in the Department of Homeland Security
				  (DHS) E-Verify system; or
(Q) the
				  bidder bids more than the maximum or less than the minimum number of allowable
				  working days shown on the plans when working days is a bid item.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter B - CONTRACTS FOR HIGHWAY PROJECTS › Section 9.17 - Award of Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  may reject any and all bids opened, read, and tabulated under §
										9.15 and §
										9.16 of this subchapter (relating
				  to Acceptance, Rejection, and Reading of Bids and Tabulation of Bids,
				  respectively). It will reject all bids if:
(1)
				  there is reason to believe collusion may have existed among the
				  bidders;
(2) the lowest bid is
				  determined to be both mathematically and materially unbalanced;
(3) the lowest bid is higher than the
				  department's estimate and the commission determines that re-advertising the
				  project for bids may result in a significantly lower low bid;
(4) the lowest bid is higher than the
				  department's estimate and the commission determines that the work should be
				  done by department forces; or
(5)
				  the lowest bid is determined to contain a bid error that meets the notification
				  requirements contained in §
											9.16(e)(1) of
				  this subchapter and satisfies the criteria contained in §
											9.16(e)(2) of
				  this subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter B - CONTRACTS FOR HIGHWAY PROJECTS › Section 9.18 - Contract Execution, Forfeiture of Bid Guaranty, and Bond Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Contract
				  execution.
(1) Except as provided in
				  paragraphs (2) and (3) of this subsection, within 15 days after the bidder
				  receives written notification of the award of a contract, the bidder must
				  execute and furnish to the department the contract with:
(A) a performance bond and a payment bond, if
				  required and as required by Government Code, Chapter 2253, with powers of
				  attorneys attached, each in the full amount of the contract price except as
				  provided by subsection (c) of this section, executed by a surety company or
				  surety companies authorized to execute surety bonds under and in accordance
				  with state law. Department interpretations made in accordance with §
												9.16(b)(2) of
				  this subchapter (relating to Tabulation of Bids) will be used to determine the
				  contract amount for providing a performance bond and payment bond, if required,
				  and as required by the Government Code, Chapter 2253;
(B) a certificate of insurance showing
				  coverages in accordance with contract requirements;
(C) when required, written evidence of
				  current good standing from the Comptroller of Public Accounts; and
(D) a list of all quoting subcontractors and
				  suppliers.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter B - CONTRACTS FOR HIGHWAY PROJECTS › Section 9.19 - Emergency Contract Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. In
				  accordance with Transportation Code, Chapter 223, Subchapter C, in a highway
				  emergency, the department in accordance with rules adopted by the commission is
				  authorized to award certain contracts. This section provides for an alternate
				  procedure for the expedited award of those contracts to meet emergency
				  conditions in which essential corrective or preventive action would be
				  unreasonably hampered or delayed by compliance with other laws, this
				  subchapter, or other sections of Part I of this title.
(b) Certification of emergency.
(1) A district engineer who identifies an
				  emergency situation in the geographic area under his or her jurisdiction and
				  determines that expedited action is required shall immediately notify the
				  executive director or the director's designee not below the level of deputy
				  executive director to describe the fact and nature of the emergency. Upon
				  receiving authorization to proceed, the district engineer may initiate
				  procedures for the award of an emergency contract. All such notification will
				  be documented in writing.
(2)
				  Examples of types of work which may qualify for emergency contracts include but
				  are not limited to emergency repair or reconstruction of streets, roads,
				  highways, and bridges; clearing debris or deposits from the roadway or in
				  drainage courses within the right of way; removal of hazardous materials;
				  restoration of stream channels outside the right of way in certain conditions;
				  temporary traffic operations; and mowing to eliminate safety hazards; provided,
				  however, that in each instance, the proposed work must satisfy the requisites
				  of emergency as defined in this subchapter.
(3) Before the contract is awarded, the
				  executive director or the director's designee not below the level of deputy
				  executive director must certify in writing the fact and nature of the emergency
				  giving rise to the award.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter B - CONTRACTS FOR HIGHWAY PROJECTS › Section 9.20 - Partial Payments

Current through Reg. 49, No. 28; July 12, 2024
(a) Authority. A
				  contract under this subchapter may provide for partial payments.
(b) Trust agreement. At the request of a
				  contractor and with the approval of the department and the comptroller of
				  public accounts, any amount retained may be deposited under the terms of a
				  trust agreement with a state or national bank that has its main office or a
				  branch office in Texas as selected by the contractor, provided that the
				  contract price exceeds $300,000. The trust agreement shall provide that:
(1) interest earned on deposited funds will
				  be paid to the contractor unless otherwise specified under the terms of the
				  agreement;
(2) all expenses
				  incident to the deposit and all charges made by the escrow agent for custody of
				  the securities and forwarding of interest shall be paid solely by the
				  contractor;
(3) the department may,
				  at any time and with or without reason, demand in writing that the bank return
				  or repay, within 30 days of the demand, the retainage or any investments in
				  which it is invested; and
(4) any
				  other terms and conditions prescribed by the department and the comptroller of
				  public accounts as necessary to protect the interests of the state.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter B - CONTRACTS FOR HIGHWAY PROJECTS › Section 9.21 - Purchase of Service

Current through Reg. 49, No. 28; July 12, 2024
The department may award a maintenance contract under this
					 section as a purchase of service under the State Purchasing and General
					 Services Act, Government Code, Title 10, Subtitle D, if the department:
(1) estimates the contract will involve an
				  amount for which formal bids for the purchase of service are not required under
				  rules adopted by the Texas Comptroller of Public Accounts under Government
				  Code, Chapter 2155, Subchapter C; and
(2) determines that it would be impractical
				  to use the letting procedures described in this subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter B - CONTRACTS FOR HIGHWAY PROJECTS › Section 9.22 - Liquidated Damages

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
				  with Transportation Code, § 223.012, the department will develop a
				  schedule for liquidated damages that accurately reflects the costs, including
				  administrative costs to the department and road user costs, that result from
				  delays in the completion of a project resulting from a breach of a highway
				  improvement contract. The department will review the schedule from time to time
				  and revise it as necessary to insure that it continues to accurately compensate
				  for the costs resulting from a breach.
(b) For each highway improvement contract for
				  a project that the department identifies as having a significant impact on the
				  traveling public, the department will determine project-specific liquidated
				  damages that accurately reflect the costs, including administrative costs to
				  the department and road user costs, that result from delays in the completion
				  of a project resulting from a breach of a highway improvement contract. In
				  determining whether a project has significant impact on the traveling public,
				  the department, in addition to other relevant factors, will consider whether
				  the project will:
(1) involve an interstate
				  highway, hurricane evacuation route, or hazardous material route;
(2) affect access to schools or
				  hospitals
(3) affect a corridor of
				  regional, statewide, or national importance;
(4) affect the response times of emergency
				  vehicles;
(5) affect a primary
				  thoroughfare in a community;
(6)
				  require long term ramp closures for controlled access roadways;
(7) result in significant added travel time
				  or distance;
(8) result in added
				  travel time for the traveling public on or around a major national or state
				  holiday; or
(9) have a substantial
				  impact on local businesses.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter B - CONTRACTS FOR HIGHWAY PROJECTS › Section 9.24 - Performance Review Committee and Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) If information
				  is required to be forwarded to a Performance Review Committee under §
										9.23 of this subchapter (relating
				  to Evaluation and Monitoring of Contract Performance) or if a contractor,
				  including a contractor on a materials contract, has defaulted, the deputy
				  executive director will appoint the members and chairman of the Performance
				  Review Committee. The members and chairman serve at the discretion of the
				  deputy executive director. The Performance Review Committee will review the
				  information submitted to the committee under §
										9.23(f) of this
				  subchapter, any documentation developed by the department during the evaluation
				  process under §
										9.23 of this subchapter, and any
				  documentation submitted by the contractor. For a materials contract, the
				  Performance Review Committee will review any documentation developed by the
				  department related to the contract and any documentation submitted by the
				  contractor. The committee will determine whether grounds exist for action under
				  this section. After reviewing the submitted information, the Performance Review
				  Committee may recommend one or more of the following:
(1) take no action;
(2) reduce the contractor's bidding
				  capacity;
(3) prohibit the
				  contractor from bidding on one or more projects;
(4) immediately suspend the contractor from
				  bidding for a specified period of time; or
(5) prohibit the contractor from being
				  awarded a contract on which they are the apparent low bidder.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter B - CONTRACTS FOR HIGHWAY PROJECTS › Section 9.25 - Appeal of Remedial Action

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  remedial action taken under § 9.24 of this subchapter (relating to the
				  Performance Review Committee and Actions) may be appealed by delivering to the
				  executive director a written notice of appeal within 15 working days after the
				  effective date of the action as specified in its notice.
(b) If a notice of appeal is timely delivered
				  under subsection (a) of this section:
(1) the
				  remedial action is automatically stayed beginning on the date that the
				  department receives the notice of appeal until the time that a final order is
				  entered by the executive director under subsection (d) of this section;
				  and
(2) the contractor will be
				  given the opportunity for an informal hearing before the executive
				  director.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter B - CONTRACTS FOR HIGHWAY PROJECTS › Section 9.26 - Inclusion of Contract Remedies in Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to
				  other contract provisions, each highway improvement contract must provide
				  notice to the contractor of the evaluation of contract performance under §
										9.23 of this subchapter (relating
				  to Evaluation and monitoring of contract performance) and the range of contract
				  remedies applicable for substandard performance under the contract, including:
(1) the possible establishment of a project
				  recovery plan or corrective action plan under §
											9.23 of this subchapter to correct
				  significant deficiencies in contract performance;
(2) liquidated damages applicable to the
				  contract under §
											9.22 of this subchapter (relating
				  to Liquidated Damages);
(3)
				  reduction in the contractor's bidding capacity under §
											9.24 of this subchapter;
(4) the prohibition or suspension of bidding
				  on new projects under §
											9.24 of this subchapter;
				  and
(5) prohibition from
				  participating in an awarded contract under §
											9.24 of this subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter C - CONTRACTING FOR ARCHITECTURAL, ENGINEERING, AND SURVEYING SERVICES › Section 9.30 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter establishes standard procedures for the
					 selection of providers of architectural, engineering, and surveying services
					 and the negotiation and management of contracts that require a registered
					 architect, professional engineer, or registered professional land surveyor, in
					 accordance with Transportation Code, §
										223.041;
					 Government Code, Chapter 2254, Subchapter A;
					 23 U.S.C.
					 §112(b)(2);
					 40 U.S.C.
					 §§1101 -
					 1104; and
					 23 C.F.R. Part
					 172.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter C - CONTRACTING FOR ARCHITECTURAL, ENGINEERING, AND SURVEYING SERVICES › Section 9.32 - Selection Processes, Contract Types, Selection Types, and Projected Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) Selection
				  processes. The department will issue RFPs and select providers under the
				  following selection processes: non-federal under §
										9.34 of
				  this subchapter (relating to Non-federal Process) , federal under §
										9.35
				  of this subchapter (relating to Federal Process), emergency under §
										9.38
				  of this subchapter (relating to Emergency Contract Process), and urgent and
				  critical under §
										9.39
				  of this subchapter (relating to Urgent and Critical Process).
(b) Contract types. The department will offer
				  three types of contracts: indefinite deliverable, specific deliverable, and
				  multiphase.
(1) An indefinite deliverable
				  contract may be used for a single project or for multiple projects. The RFP
				  will describe the typical work types to be performed under the contract.
(A) Categorical limitations on contract
				  dollar value may be established by the executive director or the executive
				  director's designee.
(B) The
				  contract period in which work authorizations may be issued may not be longer
				  than four years after the date of contract execution, unless approved by the
				  Texas Transportation Commission.
(C) Supplemental agreements may be issued to
				  extend the contract period, but only as necessary to complete work on an
				  existing work authorization. The contract period for contracts procured using
				  the process provided by §
												9.35
				  of this subchapter may not extend more than five years beyond the execution
				  date.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter C - CONTRACTING FOR ARCHITECTURAL, ENGINEERING, AND SURVEYING SERVICES › Section 9.33 - Precertification

Current through Reg. 49, No. 28; July 12, 2024
(a) Standard work categories.
				  Precertification establishes the minimum technical qualifications to perform
				  work under a standard work category. The department may add, revise, or delete
				  a standard work category.
(b)
				  Contract eligibility.
(1) To be eligible to
				  perform work under a standard work category, a firm providing a task leader
				  must have active precertification status in that work category by the closing
				  date of the RFP .
(2) The
				  department will not delay the selection process or the contract execution to
				  accommodate a provider that is not in active precertification status.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter C - CONTRACTING FOR ARCHITECTURAL, ENGINEERING, AND SURVEYING SERVICES › Section 9.35 - Federal Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  This section applies to engineering or design related service contract directly
				  related to a highway construction project and reimbursed with federal-aid
				  highway program (FAHP) funding.
(b)
				  Administrative qualification. A firm providing engineering and design related
				  services must be administratively qualified under §9.34(b)(2) - (6) of
				  this subchapter (relating to Non-federal Process), or use an indirect cost rate
				  applicable under Federal Highway Administration regulations or guidelines, by
				  the closing date of the RFP to compete for contracts under this section.
				  Section
				  9.34(b)(7) and
				  (8) of this subchapter do not apply to a
				  contract under this section.
(c)
				  Consultant selection team (CST); replacements. Section
				  9.34(c) and
				  (f) of this subchapter apply to contract
				  procurement under this section.
(d)
				  Request for proposal (RFP). Section
				  9.34(d)
				  of this subchapter applies to contract procurement under this
				  section.
(e) Proposal; screening
				  and evaluation. Section
				  9.34(e) and
				  (g) of this subchapter apply to the contract
				  procurement under this section.
(f)
				  Short list; evaluation; selection. Section §9.34(h) - (j) of this
				  subchapter apply to the contract procurement under this section.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter C - CONTRACTING FOR ARCHITECTURAL, ENGINEERING, AND SURVEYING SERVICES › Section 9.38 - Emergency Contract Process

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. The emergency contract process described in this section may be
				  used when the executive director or the executive director's designee certifies
				  in writing that an emergency situation, including a safety hazard, a
				  substantial disruption of the orderly flow of traffic and commerce, or a risk
				  of substantial financial loss to the department, exists, and that an
				  architectural, engineering, or surveying services contract is needed to address
				  the situation.
(b) Administrative
				  qualification. If the emergency contract is an engineering or design related
				  services contract directly related to a highway construction project and
				  reimbursed with federal-aid highway program (FAHP) funding, a provider must be
				  administratively qualified to compete for the contract, and §
										9.34(b)(2)-(6)
				   of this subchapter (relating to Non-federal
				  Process) applies to this section. If the contract is not such a contract, a
				  provider need not be administratively qualified to compete for the contract,
				  and §
										9.34(b)
				  of this subchapter applies to this section.
(c) Notification.
(1) After an emergency is certified, the
				  department will review its list of precertified firms. If there are a
				  sufficient number of firms, the department will notify at least three of these
				  firms.
(2) The department will
				  inform the firms of the nature of the emergency and will provide the firms with
				  the specifications for the remedy.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter C - CONTRACTING FOR ARCHITECTURAL, ENGINEERING, AND SURVEYING SERVICES › Section 9.39 - Urgent and Critical Process

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. The urgent and critical process described in this section may be
				  used when the executive director certifies in writing that an urgent and
				  critical need exists that cannot otherwise be met, that there is sufficient
				  objective reason to believe that a specific provider is the most qualified to
				  perform these architectural, engineering or survey services based on that
				  provider's demonstrated competence and qualifications, and that federal funds
				  will not be involved in the contract. An urgent and critical need, is a
				  circumstance that does not rise to the level of an emergency situation as
				  described in §
										9.38
				  of this subchapter (relating to Emergency Contract Process), but does expose
				  the department to an undue additional cost, that unless promptly addressed
				  could escalate to an emergency situation.
(b) Administrative qualification. Providers
				  under this section are subject to §
										9.34(b)
				  of this subchapter (relating to Non-federal Process).
(c) Process.
(1) After an urgent and critical need has
				  been identified the department will review its list of pre-certified firms and
				  survey available information to identify firms that are most qualified to
				  perform the work needed to resolve the urgent and critical need.
(2) The executive director will determine
				  whether there is sufficient information to determine that one provider is
				  objectively the most qualified to perform this work.
(3) If information is not sufficiently
				  available for the executive director to make this determination, the department
				  may follow the process described in §
											9.38(c) and
				  (d) of this subchapter to identify the most
				  qualified firm.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter C - CONTRACTING FOR ARCHITECTURAL, ENGINEERING, AND SURVEYING SERVICES › Section 9.40 - Negotiations

Current through Reg. 49, No. 28; July 12, 2024
(a) Contract negotiations.
(1) A contract that is subject to §
											9.34 of
				  this subchapter (relating to Non-federal Process) or §
											9.35
				  of this subchapter (relating to Federal Process) will be negotiated in
				  accordance with this subsection.
(2) The department will enter negotiations
				  with a selected prime provider to establish a satisfactory contract containing
				  a fair and reasonable price for the services.
(3) A selected prime provider shall submit to
				  the department the actual salary rates for the proposed team members and the
				  non-salary costs, generated internally, to be billed directly. The department
				  will reference this information in the negotiations.
(4) The department anticipates that a
				  satisfactory contract containing a fair and reasonable price for the services
				  may be negotiated within 30 days after the date that a selected prime provider
				  is notified of the selection. If an RFP specifies that more than one contract
				  will be awarded, the time for negotiating the contracts is automatically
				  extended by a period equal to the number of additional contracts to be awarded
				  under that RFP multiplied by five days. The department may grant additional
				  extensions as required. The RFP may specify a shorter or longer time for the
				  negotiations.
(5) If the department
				  determines that a fair and reasonable price cannot be negotiated, the
				  department will terminate negotiations with the selected prime provider and
				  proceed under this paragraph.
(A) Single
				  contract selection. The department will begin negotiations with the next
				  highest-ranked prime provider. This process will continue as necessary through
				  the three highest-ranked prime providers. If a fair and reasonable price cannot
				  be negotiated with any of the three highest-ranked prime providers, the
				  proposed contract shall be canceled. If the proposed contract is canceled, it
				  may be re-advertised.
(B) Multiple
				  contract selection. The department will begin negotiations with the next
				  highest-ranked prime provider not selected for a contract. This process will
				  continue as necessary through the short-listed prime providers. If a fair and
				  reasonable price cannot be negotiated with any of the short-listed prime
				  providers, the proposed contract shall be canceled. If the proposed contract is
				  canceled, it may be re-advertised.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter C - CONTRACTING FOR ARCHITECTURAL, ENGINEERING, AND SURVEYING SERVICES › Section 9.41 - Contract Administration

Current through Reg. 49, No. 28; July 12, 2024
(a) Prime
				  provider's percentage of work. A prime provider shall perform at least 30
				  percent of the contracted work with its own work force, unless otherwise
				  approved by the department.
(b)
				  Project manager replacement. The prime provider project manager may not be
				  replaced without the prior written consent of the department.
(c) Department audits. The department may
				  perform interim and final audits.
(d) Performance evaluations.
(1) The department project manager will
				  document the prime provider's performance on the contract by evaluating the
				  prime provider project manager and the firm and may include evaluation of the
				  prime provider's employee who is assisting with the management of a work
				  authorization. Evaluations will be conducted at least once every 12 months and
				  at the completion of the contract.
(2) Further evaluations pertaining to project
				  constructability may be conducted during project construction and at the
				  completion of the construction contract.
(3) The department will give a copy of each
				  completed performance evaluation to the prime provider for review and comment.
				  The prime provider's comments will be entered into the department's evaluation
				  database.
(4) Performance
				  evaluation scores will be entered into the department's evaluation database and
				  may be used for the purpose of provider selection.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter C - CONTRACTING FOR ARCHITECTURAL, ENGINEERING, AND SURVEYING SERVICES › Section 9.42 - Contract Under a Pilot Program

Current through Reg. 49, No. 28; July 12, 2024
(a) This
				  section provides an exception to the selection requirements provided by other
				  provisions of this subchapter for the procurement of architectural,
				  engineering, or surveying services under a pilot project approved by the
				  commission for the purposes of improving the efficiency and fairness of the
				  department's qualifications-based procurement processes.
(b) The executive director or the executive
				  director's designee may authorize the execution of an engineering,
				  architecture, or surveying contract under this section. The authorization must
				  be in writing and must contain findings that:
(1) the procurement resulting in the
				  contract:
(A) does not violate state or
				  federal law;
(B) provided a fair
				  opportunity for qualification-based competition; and
(C) was conducted as part of the pilot
				  project described by subsection (a) of this section;
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter E - MAINTENANCE PROJECT CONTRACTS › Section 9.70 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Transportation Code, §
										201.103,
					 requires the commission to plan and make policies for the maintenance of a
					 comprehensive system of state highways and public roads. Transportation Code,
					 §
										223.042
					 requires the department to contract a minimum percentage of maintenance project
					 contracts to the private sector. This subchapter identifies the process by
					 which the department determines the cost effectiveness of this contracting and
					 the activities to contract to the private sector.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter E - MAINTENANCE PROJECT CONTRACTS › Section 9.71 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, will have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Department--The Texas Department of Transportation.
(2) Maintenance project--Any routine or
				  preventive maintenance activity, including but not limited to: mowing; highway
				  cleaning and sweeping; litter pickup; repair and replacement of metal beam
				  guardrail, median barriers, and fences; janitorial and yard maintenance of rest
				  areas and picnic areas; installation, repair and replacement of traffic control
				  pavement markings, signals and signs; landscape maintenance, tree trimming, and
				  brush removal; cleaning and sealing of pavement joints and cracks; repair of
				  broken pavement edges and stabilization of shoulders; cleaning and repair of
				  drainage structures, silt and erosion control and repair; cleaning and sealing
				  of bridge joints; bridge repairs and maintenance; concrete removal and
				  replacement, riprap, and curbs; repair of asphalt pavement and base; highway
				  overlaying; paint and bead striping; maintenance and repair of safety lighting
				  and illumination; painting of rest area and other structures; and maintenance
				  and repair of dolphin and fender systems.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter E - MAINTENANCE PROJECT CONTRACTS › Section 9.72 - Privatization of Maintenance Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Percentage of private contracts. Of the amount spent in a fiscal year by the
				  department for maintenance projects, the department will expend not less than
				  50% through contracts awarded by the competitive bidding process.
(b) Dollar amount. Subsection (a) of this
				  section does not apply unless the department determines that a function of
				  comparable quality and quantity can be purchased or performed at a savings by
				  using private sector contracts.
(c)
				  Materials. Materials purchased by the department for maintenance projects
				  performed by department personnel do not apply toward the calculation of the
				  percentage to be contracted.
(d)
				  Expenditures. The contract amount will include payments:
(1) to contractors for preventive or routine
				  maintenance work;
(2) for services,
				  such as material testing and training related to maintenance
				  projects;
(3) for other operating
				  costs contracted (such as janitorial and mechanical); and
(4) for rent or lease of equipment for
				  maintenance work.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter E - MAINTENANCE PROJECT CONTRACTS › Section 9.73 - Determining Costs and Quality

Current through Reg. 49, No. 28; July 12, 2024
(a) Evaluation
				  consideration. The department will perform evaluations of the quality and cost
				  of maintenance projects to determine whether to use the private sector for
				  maintenance projects.
(b)
				  Evaluations.
(1) The department will perform
				  evaluations by maintenance activity, geographic area, or individual project, as
				  appropriate, to determine whether the savings required can be realized. These
				  evaluations will consider:
(A) the
				  cost-accounting guidelines of the State Auditor's Office, either those
				  published in the Guide to Implement the Competitive Cost Review Program, or
				  other guidelines developed by the State Auditor's Office specifically regarding
				  maintenance projects; and
(B) the
				  department's financial reports used to perform the evaluations.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter F - CONTRACTS FOR SCIENTIFIC, REAL ESTATE APPRAISAL, RIGHT OF WAY ACQUISITION, AND LANDSCAPE ARCHITECTURAL SERVICES › Section 9.80 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) Transportation Code, Chapter 223,
				  Subchapter D, provides that the department may follow a procedure using
				  competitive sealed proposals to procure the services of technical experts
				  including archeologists, biologists, geologists, historians, or other technical
				  experts to conduct environmental and cultural assessments for transportation
				  projects within the authority or jurisdiction of the department. This
				  subchapter, which implements Chapter 223, Subchapter D of the Transportation
				  Code, establishes standard procedures for selection of technical experts to
				  provide scientific services including environmental and cultural studies,
				  analyses, and document preparation.
(b) This subchapter also establishes standard
				  procedures for selection of appraisers, right of way acquisition providers, and
				  landscape architects in accordance with Government Code, Chapter 2254,
				  Subchapter A, the Professional Services Procurement Act.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter F - CONTRACTS FOR SCIENTIFIC, REAL ESTATE APPRAISAL, RIGHT OF WAY ACQUISITION, AND LANDSCAPE ARCHITECTURAL SERVICES › Section 9.82 - Use of Providers

Current through Reg. 49, No. 28; July 12, 2024
The department may use competitive sealed proposals to
					 procure scientific, appraisal, right of way acquisition, and landscape
					 architectural services.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter F - CONTRACTS FOR SCIENTIFIC, REAL ESTATE APPRAISAL, RIGHT OF WAY ACQUISITION, AND LANDSCAPE ARCHITECTURAL SERVICES › Section 9.83 - Notice and Letter of Interest

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Notice. When the department elects to use competitive sealed proposals to
				  procure appraisal, right of way acquisition, landscape architectural, and
				  scientific services, notice will be given as follows.
(1) Electronic notice. Not less than 21 days
				  before the proposal due date, the department will post a notice on an
				  electronic bulletin board. The notice will contain the:
(A) proposed contract or RFP
				  number;
(B) type of selection in
				  accordance with §
												9.87 of this
				  subchapter (relating to Selection);
(C) general description of the project and
				  work to be done;
(D) due date for
				  providers to send letters of interest to the department;
(E) contact person;
(F) date and location of the proposal
				  meeting, if applicable; and
(G) if
				  the notice is for an appraiser, a statement that the appraiser must be a
				  department-certified appraiser.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter F - CONTRACTS FOR SCIENTIFIC, REAL ESTATE APPRAISAL, RIGHT OF WAY ACQUISITION, AND LANDSCAPE ARCHITECTURAL SERVICES › Section 9.84 - Proposals

Current through Reg. 49, No. 28; July 12, 2024
(a) Proposal format. The proposal shall be
				  limited to the contents specified in the RFP packet plus the provider's price
				  for the required services.
(b)
				  Receiving proposals. All proposals must be received by the date, time, and
				  location specified in the RFP packet. Proposals will not be accepted by
				  electronic facsimile.
(c) Opening
				  proposals. The department will open proposals and conduct evaluations in
				  confidence, and there will be no disclosure of contents to competing providers
				  during the negotiation process. After the contract is awarded, all proposals
				  shall be open for public inspection except as provided in Government Code,
				  Chapter 552.
(d) Non-responsive
				  proposals. A proposal which does not include all the requirements set forth in
				  the RFP will be rejected as non-responsive and will not be considered
				  further.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter F - CONTRACTS FOR SCIENTIFIC, REAL ESTATE APPRAISAL, RIGHT OF WAY ACQUISITION, AND LANDSCAPE ARCHITECTURAL SERVICES › Section 9.85 - Evaluation

Current through Reg. 49, No. 28; July 12, 2024
(a) Technical expert and ROW provider
				  evaluation criteria. The department will evaluate a technical expert's or ROW
				  provider's responsive proposal based on the following criteria, if applicable:
(1) professional qualifications;
(2) experience of the firm and the team or
				  individuals;
(3) merits of the
				  proposal, including unique or innovative methods for performing the
				  work;
(4) ability to commit
				  personnel, time, and other resources to the project (technical experts cannot
				  be removed from association with the contract without prior consent by the
				  department);
(5) demonstrated
				  understanding of the scope of services to be provided, including identifying
				  which type of work will be performed by a subprovider, if any;
(6) demonstrated understanding of applicable
				  rules, regulations, policies, and other requirements associated with the
				  environmental or cultural studies, analyses, or document preparation to be
				  performed;
(7) ability to meet
				  department scheduling requirements;
(8) past performance of the provider,
				  specific provider staff, or subproviders on similar contracts; and
(9) reasonableness of fee.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter F - CONTRACTS FOR SCIENTIFIC, REAL ESTATE APPRAISAL, RIGHT OF WAY ACQUISITION, AND LANDSCAPE ARCHITECTURAL SERVICES › Section 9.86 - Discussions for Best and Final Offer for Scientific, Appraisal, Right of Way Acquisition, and Landscape Architectural Services

Current through Reg. 49, No. 28; July 12, 2024
(a) When it is determined to be in the best
				  interests of the state for scientific, appraisal, right of way acquisition, and
				  landscape architectural service contracts, the department may elect to include
				  discussions with the top three responsive providers to clarify their best and
				  final offer prior to selection. In the case of selecting multiple providers,
				  discussions will be held with a number of providers equal to the number of
				  contracts to be awarded plus three. Discussions for best and final offer will
				  occur following completion of the steps in §9.82 through §
										9.85 of
				  this subchapter, relating to contracts for scientific, appraisal, right of way
				  acquisition, and landscape architectural services.
(b) If the department elects to conduct
				  discussions as provided for in subsection (a) of this section, the top
				  providers, as determined by subsection (a) of this section, shall be given an
				  equal opportunity to discuss and revise their proposals. The department will
				  not disclose any information derived from proposals submitted by competing
				  providers during these discussions. Discussions will include any portion of the
				  responsive proposal in order to assess a provider's ability to meet the RFP
				  requirements, and an opportunity for the provider to demonstrate an
				  understanding of the project and remedy the proposal's deficiencies.
				  Discussions may include reasonableness of fee.
(c) After completing discussions with
				  providers, the department will send written notification to each provider to
				  submit a best and final offer. The proposals will be reevaluated using the
				  criteria in §
										9.85 of
				  this title (relating to Evaluation). The evaluation shall be made in writing
				  and shall include the individual proposal evaluation matrix as specified in
				  §
										9.85(d)
				  of this title.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter F - CONTRACTS FOR SCIENTIFIC, REAL ESTATE APPRAISAL, RIGHT OF WAY ACQUISITION, AND LANDSCAPE ARCHITECTURAL SERVICES › Section 9.87 - Selection

Current through Reg. 49, No. 28; July 12, 2024
The department will perform three types of contract
					 selections.
(1) Individual contract
				  selection. One contract will result from the contract notice.
(2) Multiple contract selection. More than
				  one contract, of similar work types and estimated amounts, will result from the
				  contract notice. The notice will indicate the number and type of contracts to
				  result from the advertisement, and specify a range of scores for providers that
				  will be considered qualified to perform the work.
(3) Indefinite delivery contract selection.
(A) This contract selection may be for award
				  of contracts to single or multiple providers to perform work under a general
				  scope of services.
(B) The type of
				  work will be described in the contract. Specific services shall be authorized
				  by individual work authorizations on an as-needed basis. The maximum contract
				  amount, contract period, and work authorization issuance period shall be
				  specified in the contract.
(C) All
				  work authorizations under an indefinite delivery contract shall be issued
				  within four years of the effective date of the contract, except for scientific
				  services. For scientific services, the initial work authorization for any
				  specific project must be issued within four years. The work authorization for
				  tasks or subtasks within the specific project may be issued after the initial
				  four years, provided that the task or subtask does not initiate a new
				  project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter F - CONTRACTS FOR SCIENTIFIC, REAL ESTATE APPRAISAL, RIGHT OF WAY ACQUISITION, AND LANDSCAPE ARCHITECTURAL SERVICES › Section 9.88 - Award

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will make the award to the
				  provider submitting the highest-ranked proposal and will notify the other
				  providers of the selection. For multiple awardees under a single RFP, the
				  department will make awards to the highest ranked providers.
(b) If the department finds that none of the
				  proposals are acceptable, the department will reject all proposals.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter F - CONTRACTS FOR SCIENTIFIC, REAL ESTATE APPRAISAL, RIGHT OF WAY ACQUISITION, AND LANDSCAPE ARCHITECTURAL SERVICES › Section 9.89 - Qualification Requirements for Department-Certified Appraisers

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligible individuals. To become a
				  department-certified appraiser, an applicant must:
(1) be a state-certified general appraiser or
				  state-certified residential appraiser;
(2) have demonstrated experience after state
				  certification in the performance of appraisal types required by the department;
				  and
(3) submit to the Right of Way
				  Division of the Texas Department of Transportation in Austin a complete and
				  correct application for department certification on a form prescribed by the
				  department, including, but not limited to, a copy of the applicant's state
				  certification issued by the state of Texas Appraiser Licensing and
				  Certification Board.