1. (a) The using agency is responsible for initiating a project analysis. The using agency shall initiate a project analysis by submitting to the FCSMD a request that a project analysis of a proposed project be prepared. Standard request forms are provided by the FCSMD.
2. (b) Requests for project analyses shall be made no later than January 1 of even-numbered years in order to ensure completion in time for submission with an using agency's budget prior to the regular session of the legislature.
3. (c) Project analyses may be prepared by the FCSMD staff or by a private design professional selected in accordance with §123.27 of this chapter (relating to the Selection of Design Professionals for Professional Services), particularly §123.27(g), pertaining to use of indefinite quantity contracts for Design Professionals.

4. (d) A using agency shall provide the GSC with the following information for inclusion in each project analysis:

   1. (1) justification for project in a brief and specific form;
   2. (2) an estimate of annual cost of maintenance including utilities;
   3. (3) an estimate of the annual cost of operating facility, including staffing;
   4. (4) feasibility of construction of project in stages, if requested by the GSC;
   5. (5) if three or more project analyses are requested, the using agency must indicate its priority among the proposed projects;
   6. (6) an estimate of the cost of equipping and furnishing a completed facility; and
   7. (7) the program outlining the purpose and scope of the project including space requirements.
5. (e) Each project analysis prepared by the FCSMD will include an estimate of all costs to be incurred directly or indirectly by GSC to accomplish a project. This estimate will also include funds necessary to reimburse the planning fund from which the costs to prepare the project analysis are paid.
6. (f) Upon completion of a project analysis and before submission with the agency's budget, the using agency must certify in writing that the project analysis fulfills its needs for the project.
7. (g) Upon the using agency's acceptance of the project analysis, the FCSMD or the using agency will distribute copies of the project analysis with the agencies' budget.
8. (h) The using agency is responsible for preparation of budget requests to the legislature based on the project analysis.

9. (i) All design professional fees paid on a project analysis are deducted from the design professional fees paid on a subsequent construction project, provided:

   1. (1) the design professional on the construction project is the same firm that prepared the project analysis; and
   2. (2) the construction project is in accordance with that proposed in the project analysis. Should a construction project vary substantially from the project analysis, the amount of prior project analysis fee deducted from the construction project fee will be prorated in accordance with the amount of change to the project, as mutually agreed upon by the using agency, the design professional and the GSC.

Source Note:The provisions of this §123.24 adopted to be effective August 13, 2000, 25 TexReg 7626.