1. (a) Responsibility for initiation of a construction project is with the using agency.
2. (b) Projects must be initiated in ample time for a contract award to be made within the fiscal year for which appropriated project funds are available. Based upon the size and complexity of a given project, the commission has the prerogative of determining whether sufficient time is available to properly prepare bidding documents, secure bids, and award a contract.
3. (c) Initial action by the using agency on a construction project shall be the submission of a request to initiate work on the project. Request forms are provided by the commission.
4. (d) A using agency request must identify the source and amount of funds to be applied to the project.
5. (e) Selection of a firm to provide professional services on a project will be in accordance with §123.15 of this title (relating to Selection of Architect/Engineer for Professional Services).
6. (f) If requested by the using agency and acceptable to the commission, professional services on new construction will be performed by the commission staff when project cost is estimated to be less than $100,000. On renovation projects, the commission may furnish professional services with its own staff regardless of project size.
7. (g) If a construction project is supported by a prior prepared project analysis, the analysis shall be the project program unless the agency advises that unavoidable change in project conditions has forced a modification in the analyzed concept.
8. (h) If a construction project is not supported by a project analysis, the using agency must cooperate with the commission and the architect/engineer to provide necessary data on which to prepare a project program.
9. (i) During project development, the using agency shall review and approve each phase before next phase is started, including schematic design, design development, and finished working drawings and specifications.
10. (j) Agency approval of working drawings and specifications is commission authority to proceed with solicitation of bids.
11. (k) When bids are received, the commission will formally advise using agency of the results thereof and make recommendation for award of contract if acceptable bid(s) is within the project budget.
12. (l) Should budget not provide a basis for recommending a contract award, the commission will advise the agency thereof and request consultation to determine whether scope of project can be reduced enough to bring it within the budget.
13. (m) Upon receipt of formal concurrence of the agency with commission recommendation and/or acceptable alternate recommendation, the commission will award a contract and proceed with administering the construction project.
14. (n) During tenure of the contract, the commission will recommend all payments to the agency for final approval.
15. (o) During tenure of the contract, any changes in the scope of the work shall be approved by the agency before being made a part of the contract by the commission.
16. (p) Upon completion of construction, a representative of the using agency shall attend an owner's final inspection called and conducted by the commission.

17. (q) Pursuant to Texas Civil Statutes, Article 601b, §5.13(c), the commission may exclude certain using agency construction projects involving contract labor from the provisions of the article, provided:

    1. (1) the project is for repair and rehabilitation only, located on state-owned and inventoried buildings or certain leased office and warehouse facilities;
    2. (2) the advance preparation of working drawings is not required in order to describe the work;
    3. (3) the agency requests the exclusion in writing giving a brief description of the work and advising that it complies with paragraphs (1) and (2) of this subsection and certifies that the work if located on a privately owned leased office or warehouse facility is not otherwise required by the lease contract specification to be provided by the lessor;
    4. (4) granting of an exclusion shall not relieve the agency from compliance with any other state laws governing construction contracts;
    5. (5) granting of an exclusion shall not exempt the agency from including the State of Texas Uniform General Conditions in the contract for excluded work;
    6. (6) the commission shall assume no responsibility for an excluded project either prior or subsequent to granting the exclusion; and
    7. (7) the commission grants the exclusion in writing.

Source Note:The provisions of this §123.13 adopted to be effective September 21, 1979, 4 TexReg 3223; amended to be effective February 20, 1992, 17 TexReg 1086.