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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 §9.36Small Contract Process

(a) Applicability. The small contract process described under this section may be used for an architectural, engineering, or surveying services contract that meets the following requirements:

  (1) the contract is not subject to §9.35 of this subchapter (relating to Federal Process);

  (2) the contract value does not exceed $750,000 in total;

  (3) the selection type is single contract; and

  (4) the contract type is specific deliverable.

(b) Administrative qualification. Section 9.34(b) of this subchapter (relating to Standard Process) applies to contracts under this section.

(c) Consultant selection team. Section 9.34(c) of this subchapter applies to contracts under this section.

(d) Request for qualifications (RFQ). Not fewer than 14 calendar days before the solicitation closing date, the department will post on a web-based bulletin board an RFQ providing the contract information and specifying the requirements for preparing and submitting a statement of qualification.

(e) Statement of qualification (SOQ). To be considered, an SOQ must comply with the requirements specified in the RFQ.

(f) Replacements. An individual proposed as a replacement for the prime provider project manager or a task leader must be designated in the SOQ and must satisfy the applicable precertification and NLC requirements.

(g) Qualification for evaluation.

  (1) The department may disqualify an SOQ 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 an SOQ is not disqualified under paragraph (1) of this subsection, the CST will screen the SOQ to determine whether it complies with the requirements specified in the RFQ. Each SOQ that meets these requirements will be considered responsive to the RFQ and evaluated.

(h) SOQ evaluation. The CST will evaluate the responsive SOQs according to the following selection criteria specified in the RFQ. These criteria may include:

  (1) project understanding and approach;

  (2) the prime provider project manager's experience with similar projects;

  (3) similar project-related experience of the task leaders responsible for the major work categories identified in the RFQ;

  (4) past performance scores in the CCIS database for department contracts reflecting less than satisfactory performance; and

  (5) other qualifications-based criteria approved by the Design Division.

(i) Selection.

  (1) Basis of final selection. The CST will select the best qualified provider, as indicated by the SOQ scores.

  (2) Tie scores. The managing officer will break a tie using the following method.

    (A) The first tie breaker is the scores for the selection criterion with the highest RIF.

    (B) The remaining selection criteria will be compared in the order of decreasing RIF until the tie is broken.

    (C) If the providers have identical scores on all of the selection criteria, the provider will be chosen by random selection.

  (3) Submittal of selection. Section 9.34(j)(3) of this subchapter applies to this section.

  (4) Notification. The department will:

    (A) provide written notification to a prime provider selected for contract negotiation and arrange a meeting to begin contract negotiations;

    (B) provide written notification to each prime provider that was not selected, notifying the provider of the non-selection; and

    (C) publish the selected provider on a web-based bulletin board.

  (5) Appeal. Section 9.34(j)(5) of this subchapter applies to this section.


Source Note: The provisions of this §9.36 adopted to be effective February 21, 2013, 38 TexReg 994

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