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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 9CONTRACT AND GRANT MANAGEMENT
SUBCHAPTER CCONTRACTING FOR ARCHITECTURAL, ENGINEERING, AND SURVEYING SERVICES
RULE §9.35Federal Process

(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 Comprehensive Process), or use an indirect cost rate applicable under Federal Highway Administration regulations or guidelines, by the closing date of the Request For Proposal 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). Not fewer than 14 calendar days before the solicitation closing date, the department will post on a web-based bulletin board an RFP providing the contract information and specifying the requirements for preparing and submitting a proposal.

(e) Proposal. To be considered, a proposal must comply with the requirements specified in the RFP.

(f) Proposal screening and evaluation.

  (1) The department may disqualify a proposal if the department has knowledge that a firm on the project team or an employee of a firm on the project team is the subject of a final administrative or judicial determination that the firm or employee has violated a statute or rule of a state licensing entity related to occupational or professional conduct.

  (2) If a proposal is not disqualified under paragraph (1) of this subsection, the CST will screen the proposal to determine whether it complies with the requirements specified in the RFP. Each proposal that meets these requirements will be considered responsive to the RFP and evaluated.

  (3) The CST will evaluate the responsive proposal according to the evaluation criteria detailed in the RFP based on factors the department has identified as most likely to result in the selection of the most qualified provider.

(g) Short list. The short list will consist of the most qualified providers, as indicated by the proposal scores.

  (1) For single contract selections, the minimum number of short-listed prime providers is three, unless fewer than three prime providers submitted a responsive proposal.

  (2) For multiple contract selections, the minimum number of short-listed prime providers is the number of desired contracts plus three, unless fewer that the desired number of prime providers submitted a responsive proposal.

  (3) Notification.

    (A) The department will notify each prime provider that submitted a proposal whether it was short-listed.

    (B) The department will notify each short-listed prime provider whether a short list meeting will be held.

(h) Selection process.

  (1) The department will determine whether interviews are required for each solicitation and notify providers in the RFP.

    (A) If interviews are required, §9.34 (i) and (j) of this subchapter are applicable for this process.

    (B) If no interviews are required, the CST will select the best qualified provider, as indicated by the proposal scores, which will include evaluation of the prime provider's past performance scores in the department's evaluation database reflecting less than satisfactory performance. Also, §9.34(j)(2)-(4) of this subchapter are applicable for this process.

  (2) An interview is required for any specific deliverable contract that is $1 million or more in value or any indefinite deliverable contract for higher-risk services as determined by the department based on anticipated project costs, number of contracts, or type of services.


Source Note: The provisions of this §9.35 adopted to be effective February 21, 2013, 38 TexReg 994; amended to be effective August 15, 2013, 38 TexReg 5110; amended to be effective July 20, 2016, 41 TexReg 5248; amended to be effective May 16, 2018, 43 TexReg 3122

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