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RULE §27.84No-Cost Contracts for Services to Support the Operation of Department Toll Projects

(a) Purpose. Transportation Code, §228.052 authorizes the department to enter into an agreement with one or more persons to provide, on terms approved by the department, personnel, equipment, systems, facilities, and services necessary to operate a toll project or system. This section prescribes the requirements for soliciting proposals for services to support the operation of a department toll project or system that will be provided by a private entity at no cost to the department.

(b) Types of services. The department may enter into agreements with private entities for services to support toll operations, including:

  (1) establishing fleet account programs to manage the payment of tolls;

  (2) providing account maintenance services, including accepting payments, updating customer account information, and selling and registering tags; and

  (3) any other activities that the department considers necessary to enhance customer service and promote the efficient and effective operation of its toll projects and systems.

(c) Solicitation process. The department will publish a notice regarding opportunities to provide the services described in subsection (b) of this section on the department's internet website. The notice will include information regarding the proposed scope of work, technical specifications, professional experience requirements, proposal submission requirements, and specific evaluation criteria that will be used during the selection process. The notice will specify the duration of the solicitation, which may be an indefinite or extended period of time as determined by the department.

(d) Evaluation and selection procedures. The department will evaluate the proposals based on the criteria specified in the notice and identify those entities that are qualified to perform the specified services. The department will advise each entity, in writing, whether it has been selected. If a proposal is rejected, the department will provide to the entity the reason for the rejection.

(e) Agreement. Following selection, the entity must execute an agreement to provide the services, in a form specified by the department.

Source Note: The provisions of this §27.84 adopted to be effective September 14, 2016, 41 TexReg 7136

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