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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 §9.32Selection Processes, Contract Types, Selection Types, and Projected Contracts

(a) Selection processes. The department will issue RFPs and select providers under the following selection processes: non-federal under §9.34 of this subchapter (relating to Non-federal Process), federal under §9.35 of this subchapter (relating to Federal Process), emergency under §9.38 of this subchapter (relating to Emergency Contract Process), and urgent and critical under §9.39 of this subchapter (relating to Urgent and Critical Process).

(b) Contract types. The department will offer three types of contracts: indefinite deliverable, specific deliverable, and multiphase.

  (1) An indefinite deliverable contract may be used for a single project or for multiple projects. The RFP will describe the typical work types to be performed under the contract.

    (A) Categorical limitations on contract dollar value may be established by the executive director or the executive director's designee.

    (B) The contract period in which work authorizations may be issued may not be longer than four years after the date of contract execution, unless approved by the Texas Transportation Commission.

    (C) Supplemental agreements may be issued to extend the contract period, but only as necessary to complete work on an existing work authorization. The contract period for contracts procured using the process provided by §9.35 of this subchapter may not extend more than five years beyond the execution date.

  (2) A specific deliverable contract may be used for a single project or for multiple projects. The RFP will specify the specific deliverables to be provided under the contract.

  (3) A multiphase contract may be used for a single project or for multiple projects. The RFP will describe the services to be provided under the contract and will divide the services into phases. The specific scope of work may be established, and the associated costs negotiated and authorized, by phase as the project progresses.

(c) Selection types.

  (1) Single contract selection. One contract will result from the RFP.

  (2) Multiple contract selection. More than one contract of similar work types will result from the RFP. The RFP will indicate the number and type of contracts.

(d) Projected contracts list. Quarterly, the department will publish on the department's website a list of projected contracts for architectural, engineering, and surveying services.


Source Note: The provisions of this §9.32 adopted to be effective February 21, 2013, 38 TexReg 994; amended to be effective October 17, 2013, 38 TexReg 7122; amended to be effective July 20, 2016, 41 TexReg 5248; amended to be effective November 15, 2017, 42 TexReg 6381; amended to be effective November 17, 2021, 46 TexReg 7806

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