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RULE §9.41Contract Administration

(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.

(e) Negotiated resolution of disputes. To every extent possible, disputes between a prime provider and the department's project manager should be resolved during the course of the contract.

(f) Prime provider performance evaluation dispute review.

  (1) If a resolution is not reached with the department's project manager and district engineer or division director, the prime provider may request a review by the PEPS Division Director by submitting a written request for review to the PEPS Division Director not later than 10 days after the date of receipt of a final signed performance evaluation. In the written request, the prime provider must identify the issue or error and provide supporting information.

  (2) The PEPS Division Director will gather information, study relevant issues, and meet informally with the prime provider and relevant department staff. The PEPS Division Director may void the performance evaluation, request a re-evaluation or adjustment, or affirm the original performance evaluation. The PEPS Division Director will provide the decision to the prime provider in writing. The PEPS Division Director's decision is final.

(g) Resolution of contracting or compensation disputes. If resolution of a contracting or compensation dispute between the prime provider and department's project manager or district engineer is not reached, the PEPS Division Director may in the director's discretion participate in the resolution of the dispute. The prime provider may file a written claim under §9.2 of this chapter (related to Contract Claim Procedure).

Source Note: The provisions of this §9.41 adopted to be effective October 17, 2013, 38 TexReg 7122; amended to be effective July 20, 2016, 41 TexReg 5248; amended to be effective May 16, 2018, 43 TexReg 3122; amended to be effective November 17, 2021, 46 TexReg 7806

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