| (a) Purpose. This section describes procurement standards
and related requirements for recipients of state and federal public
transportation grant funds.
(b) Standards. The standards contained in 2 C.F.R.
Part 200 and Part 1201, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards apply to public
transportation procurement activities. All subrecipients shall maintain
written procurement policies. Those policies shall, at a minimum,
provide the following.
(1) Goods, services and equipment purchases.
(A) Goods, services, or equipment requiring formal
competitive procurement in accordance with the applicable provisions
in the Government Code or Local Government Code (greater than $25,000
for those entities not covered by the Government Code or Local Government
Code) shall require sealed bids or proposals. Bids for computer and
radio systems shall include all subcomponents necessary for the system
to be operated in the unit cost. Exceptions will be allowed for those
entities that are eligible to purchase items through the state open
contract procedures.
(B) Goods, services, or equipment not requiring formal
competitive procurement in accordance with the applicable provisions
in the Government Code or Local Government Code ($25,000 or less for
those entities not covered by the Government Code or Local Government
Code) do require the solicitation of quotes or offers from at least
three sources. Purchases of goods, services, or equipment with a total
cost of $3,000 or less do not require quotes or offers from at least
three sources but are to be distributed equitably among qualified
suppliers. The subrecipient shall retain a written record of these
solicitations. Exceptions will be allowed for those entities that
are eligible to purchase items through the state open contract procedures.
(2) Real property.
(A) Acquisition of real property shall be accomplished
in accordance with federal and state statutes, regulations, and policies.
In particular, projects that receive federal funds shall comply with
the uniform relocation and real property acquisition standards established
in 49 C.F.R. Part 25.
(B) Specific standards for construction and rehabilitation
projects will be negotiated as part of the project agreement between
the department and the subrecipient.
(3) Records retention. All procurement documents are
public information and shall be maintained by the subrecipient for
at least three years after grant closeout, or, in the case of a capital
project, the life of the asset plus three years.
(c) Department role.
(1) Oversight and approval. The subrecipient shall
furnish the department notice of the intent to award a purchase order
or contract to any individuals or organizations not a part of the
subrecipient's organization when the amount of the purchase meets
or exceeds the threshold level in the Government Code or Local Government
Code (or greater than $25,000 for those entities not covered by the
Government Code or Local Government Code) requiring formal competitive
procurement. Purchases shall not be split out to stay below the threshold
amount. The subrecipient shall at a minimum provide the following
documentation as requested by the department describing the procurement
history:
(A) the rationale the subrecipient used for the method
of procurement;
(B) the rationale the subrecipient used for the selection
of contract type;
(C) the reasons the bidder or proposer was selected;
and
(D) the methodology used to determine the contract
price, including a cost justification.
(2) Technical assistance. The department will provide
vehicle specifications, guidance on competitive procurement procedures,
and assistance in developing procurement documentation to a subrecipient
upon request. If subrecipients choose to develop their own specifications,
they assume full responsibility for ensuring that the specifications
do not restrict competition.
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| Source Note: The provisions of this §31.44 adopted to be effective August 11, 1994, 19 TexReg 5880; amended to be effective February 15, 2001, 26 TexReg 1365; amended to be effective April 17, 2003, 28 TexReg 3080; amended to be effective February 21, 2008, 33 TexReg 1380; amended to be effective November 21, 2013, 38 TexReg 8253; amended to be effective December 6, 2017, 42 TexReg 6815 |
