1. (a) This section applies to an engineering or design related service contract directly related to a highway construction project and reimbursed with federal-aid highway program (FAHP) funding.
2. (b) A firm providing engineering and design related services must be administratively qualified under §9.34(b)(2) - (6) of this subchapter (relating to Comprehensive Process), or use an indirect cost rate applicable under Federal Highway Administration regulations or guidelines, by the closing date of the RFQ to compete for contracts under this section. Paragraphs (7) and (8) of §9.34(b) of this subchapter do not apply to a contract under this section.
3. (c) Except as provided in subsection (b) of this section and in §9.34(i) of this subchapter, the process described in §9.34 of this subchapter applies to contracts under this section.

4. (d) Short list evaluation.

   1. (1) Request for proposals and interviews. The department will issue an RFP to the short listed providers. The RFP will provide contract information and specify the requirements for the proposal and interview.
   2. (2) Short-list evaluation criteria. The CST will evaluate proposals and interviews according to the criteria specified in the RFP, including the prime provider's past performance scores in the Consultant Certification Information System database reflecting less than satisfactory performance.

Source Note:The provisions of this §9.35 adopted to be effective February 21, 2013, 38 TexReg 994; amended to be effective August 15, 2013, 38 TexReg 5110; amended to be effective July 20, 2016, 41 TexReg 5248.