|(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.
(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
|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