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 9.23 - Evaluation and Monitoring of Contract Performance

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will develop standards used to evaluate a contractor's performance under a
				  highway improvement contract, including standards for conformance with the
				  project plans and specifications and recordkeeping requirements; compliance
				  with the contract and industry standards for safety; responsiveness in dealing
				  with the department and the public; meeting progress benchmarks and project
				  milestones; addressing project schedule issues, given adjustments, change
				  orders, and unforeseen conditions or circumstances; and completing project on
				  time. The department will develop an evaluation form to be used by department
				  employees in evaluating contract performance.
(b) The district engineer of the district in
				  which a project under a highway improvement contract, other than a building
				  contract, is located, or the Director of the Support Services Division for
				  building contracts shall evaluate the contractor's performance under the
				  contract. An interim evaluation shall be performed as necessary and on each
				  anniversary date of the contract if the project extends for longer than one
				  year. The district engineer for a highway improvement contract, other than a
				  building contract, or the Chief Administrative Officer for a building contract
				  shall approve any final evaluations on the completion of the project. Only
				  final evaluations will be used to determine whether the contractor's contract
				  performance meets the department's requirements.
(c) If the contractor's performance on a
				  project is below the department's acceptable standards for contract
				  performance, the district engineer or the Director of the Support Services
				  Division, as applicable, may work with the contractor to establish a recovery
				  plan for the project. The established project recovery plan will be used to
				  correct significant deficiencies in contractor performance. The district
				  engineer or the Director of the Support Services Division, as applicable, will
				  monitor and document the contractor's compliance with the established project
				  recovery plan.
(d) District
				  engineers for a highway improvement contract, other than a building contract,
				  or the Chief Administrative Officer for a building contract will submit each
				  evaluation performed under this section and each established project recovery
				  plan and resulting documentation to the division of the department that is
				  responsible for monitoring the contract.
(e) The division that receives evaluations of
				  a contractor under subsection (d) of this section periodically will review the
				  final evaluations of that contractor that were completed during the review
				  period, or if fewer than 10 final evaluations were completed during the review
				  period, up to 10 of the most recent final evaluations completed within the
				  previous three-year period. If the average of the final evaluations reviewed in
				  this period is below the department's acceptable standards for contract
				  performance, the division will send a notice to the contractor and request that
				  the contractor submit to the division for approval a proposed corrective action
				  plan that will be used to correct significant deficiencies in the performance
				  in all of contractor's projects. The division, in consultation with the
				  department's Chief Engineer for a highway improvement contract, other than a
				  building contract, or Chief Administrative Officer for a building contract, may
				  modify the proposed corrective action plan and adopt a final plan. The division
				  promptly will send the adopted corrective action plan to the
				  contractor.
(f) For the 120-day
				  period beginning on the day that the adopted corrective action plan is sent
				  under subsection (e) of this section, the division will monitor the
				  contractor's active projects to determine whether the contractor is meeting the
				  requirements of the adopted corrective action plan or if there are no active
				  projects, the division will monitor the contractor's next available projects.
				  Before making a determination under this subsection, the division must consider
				  and document any events outside a contractor's control that contributed to the
				  contractor's failure to meet the performance standards or failure to comply
				  with the corrective action plan. If at the end of the 120-day period contract
				  performance remains below the department's standards for contract performance,
				  the division will notify the contractor and forward to the Performance Review
				  Committee all of the information that it has, which includes at minimum all
				  final evaluations, any adopted corrective action plans, and any information
				  about events outside a contractor's control contributing to the contractor's
				  performance.