1. (a) Ineligible proposal. The department will not consider a proposal that:

   1. (1) fails to comply with any requirement of the notice; or
   2. (2) fails to guarantee a fee to be paid to the department of at least 10% of the fees collected from program participants.

2. (b) Evaluation. The department will determine the best value to the state by evaluating the contractor's:

   1. (1) proposed team and the time commitment for each team member;
   2. (2) capability for undertaking and performing the work;
   3. (3) understanding of the project;
   4. (4) quality of services offered;
   5. (5) financial resources and ability to perform the work;
   6. (6) approach or course of action to meeting the goals and objectives;
   7. (7) ability to meet the schedule;
   8. (8) ability to fulfill any other criteria listed in the notice;
   9. (9) proposed percentage to be paid to the department from fees collected from program participants; and
   10. (10) proposed amount for the fees that will be charged to participants in the program.

3. (c) Award of contract.

   1. (1) All proposals received by the director of traffic operations will be evaluated by a panel of department employees to determine which proposal will provide the best value to the state. A recommendation for award will be forwarded to the commission to accept or reject.
   2. (2) The department will notify the contractor by certified mail of the award of a information logo sign program contract within 10 calendar days of the date of the award. To accept the award, the contractor must execute a contract with the department within 30 calendar days of the date of the award.
   3. (3) The contract shall be in a form prescribed by the department and shall, at a minimum, include all terms and conditions prescribed under this subchapter and such other terms and conditions the department deems advantageous to the state.

Source Note:The provisions of this §25.404 adopted to be effective October 21, 1992, 17 TexReg 7106; amended to be effective October 27, 1995, 20 TexReg 8485; amended to be effective January 9, 2005, 29 TexReg 12242.