1. (a) Qualification of Design Professionals.

   1. (1) On or before May 1 of odd-numbered years, the FCSMD shall advertise in the Texas Register, the GSC web site, the Texas Marketplace and such other media generally available to the public, for all interested design professionals to register with the GSC for the following biennium.
   2. (2) Registration with the GSC will be accomplished by filling out a questionnaire, either in writing or electronically, and submitting it on or before July 1 of odd numbered years.

2. (b) Selection process for non-small construction project design professionals.

   1. (1) Selection of design professionals for prime design (non-small construction projects) assignments shall be in accordance with Texas Government Code, §§2166.202 - 2166.204, and this section.

   2. (2) The steps in the selection process are as follows, unless an emergency exists under subsection (d) of this section:

      1. (A) A preliminary technical review committee will be formed consisting of at least three commission staff architects or engineers who are knowledgeable about the nature, scope, and location of the project.

         1. (i) The preliminary technical review committee will use the criteria from the project description to formulate a list of design professionals to invite for interviews. Such criteria may include, but are not necessarily limited to:

            1. (I) project type, size and complexity;
            2. (II) the ability and capability of the design professional for timeliness, skill, creative ability, technical and professional knowledge;
            3. (III) the history of previous work on comparable construction projects;
            4. (IV) the current professional service work load and capability of the design professional to perform the work in the required time frame;
            5. (V) experience with control of budget and schedule;
            6. (VI) the registration status of persons engaged in the practice of professional architectural or engineering services;
            7. (VII) and qualifications of the design professional team, including subconsultants and HUBs.
         2. (ii) The list will be derived from the qualified design professionals with a current GSC registration, or those who respond to advertisements per subsection (a)(1) of this section, or postings on the Texas Marketplace as applicable.
         3. (iii) The GSC shall determine the number of firms to be interviewed for any project, or combination of projects. The GSC may, at its discretion, interview for similar projects from a single list of firms. The number of firms listed shall vary, based on the project type, size, complexity and number of similar projects being awarded from the list.
         4. (iv) The GSC goal is for 50% of the listed firms to be certified HUBs. When circumstances do not permit achievement of this goal, documentation concerning the goal shall be made part of the selection file.
      2. (B) The listed firms shall be notified of the opportunity to interview at least 30 days in advance of scheduled interviews. Those firms interested in an interview shall be responsible to schedule an interview time and date as directed in the notification. Firms failing to schedule interviews as directed shall be rejected from further consideration for the proposed assignments(s). At the interview, each firm will have the opportunity to present information about specific project experience and other qualifications.
      3. (C) The preliminary technical review committee shall evaluate each interviewed firm according to the criteria developed in accordance with subparagraph (A)(i) of this paragraph. All design professionals that meet or exceed technical qualifications shall be referred to the executive selection committee, described in subparagraph (D) of this paragraph. The preliminary technical review committee shall report its conclusions about all interviewed firms to the executive selection committee.
      4. (D) The executive selection committee shall consist of the executive director, a member of the preliminary technical review committee, and a representative from executive administration. The executive selection committee will consider the design professionals referred to it and take into consideration the commitment to HUB participation, including the number of HUBs the design professional proposes to use; work load and capacity; cooperation with the GSC on prior work, volume of work previously awarded to the design professional by the GSC. In the interest of giving as many eligible and qualified firms as possible a fair chance to obtain GSC work, GSC may consider prior work for the GSC as a basis for awarding to a different design professional. In the case of identical scores for those design professionals scoring the highest, additional qualifications of the firms will be scored until ties are resolved.

      5. (E) For projects with an estimated construction cost equal to or more than $2,000,000, the commission shall provide a prioritized list of their selection from the ranked firms and the time frames allowed for negotiation with each firm. The commission reserves the right to accept, modify or change the recommendation received from the executive selection committee. In accordance with the selections made by the commission, the Director of FCSMD shall conduct negotiations with the first selected firm upon the terms and conditions as may be established by the commission for the period of time allowed. In the event a contract is not concluded within the period of time allowed, the director shall cease negotiations with the first firm and commence negotiations with the next firm, and repeat the process as necessary until one of two things happens:

         1. (i) an agreement for services is reached, or
         2. (ii) the time for negotiations with the final selected firm expires without an agreement, at which point the selection process concludes and a new selection process commences.

      6. (F) For projects with an estimated construction cost of less than $2,000,000, the executive selection committee shall select the design professional for a project, subject to successful negotiation of a contract for services. Negotiations shall be conducted by the director of FCSMD under the direction of the executive selection committee. The Director of FCSMD shall conduct negotiations with the first selected firm upon the terms and conditions as may be established by the executive selection committee for the period of time allowed. In the event, a contract is not concluded within the period of time allowed, the director shall cease negotiations with the first firm and commence negotiations with the next firm, and repeat the process as necessary until one of two things happens:

         1. (i) an agreement for services is reached, or
         2. (ii) the executive selection committee determines the process has failed to produce a contract, terminates the selection process and/or directs the commencement of another selection process.
      7. (G) All design professionals participating in interviews will be advised of the outcome of the selection process.
3. (c) Selection process for small construction project design professionals. The selection process is the same as set forth in subsection (b) of this section, with the exception that the notice period for interviews is 14 days.

4. (d) Emergency Situations. A finding of an emergency situation must be in writing and is subject to the approval of the executive director. Subsections (b) and (c) of this section do not apply in the event of an emergency situation that:

   1. (1) presents an imminent peril to the public health, safety or welfare;
   2. (2) presents an imminent peril to property;
   3. (3) requires expeditious action to prevent a hazard to life, health, safety, welfare or property; or
   4. (4) requires expeditious action to avoid undue additional cost to the state.
5. (e) Non-prime design selections. The GSC shall conduct selections of design professionals for non-prime design work in accordance with Texas Government Code, Chapter 2254, Subchapter A. The GSC reserves the authority to award multiple, indefinite quantity services agreements to design professionals in the disciplines needed by FCSMD.

6. (f) Design Professional Contracts.

   1. (1) The contract will name the project, state the budgeted project cost, state the fees to be paid, and describe the respective responsibilities of the design professional and the GSC.
   2. (2) Compensation for design professional services shall not exceed the following schedule, except as may be otherwise established by law. The executive director is authorized to vary from this schedule based on individual project requirements.
      Attached Graphic
      
   3. (3) The contract may be amended to reflect desirable changes in project scope, responsibility, or compensation at any time upon written consent of both parties.
   4. (4) The contract shall provide that in the event a change order is issued on a project that is the result of design professional errors, omissions, or mismanagement and the cost of the change order is greater than that which would have reasonably been expected if such item had been properly included in a projects' original plans and specifications, then such additional extra cost of inefficiency shall be borne by the design professional at the discretion of the FCSMD. No payment of design professional fees will be made for work required from the design professional to rectify the error, omission or mismanagement for the GSC.
7. (g) The FCSMD may establish indefinite quantity contracts with design professionals and other consultants for non-project work, by issuing a Request for Qualifications.

Source Note:The provisions of this §123.27 adopted to be effective August 13, 2000, 25 TexReg 7626.