The department will perform four types of contract selections.

1. (1) Individual contract selection. One contract will result from the contract notice.

2. (2) Multiple contract selection. More than one contract of similar work types will result from the contract notice. The notice will indicate the number and type of contracts to result from the advertisement, and specify a range of scores for prime providers that will be considered qualified to perform the work.

   1. (A) If more prime providers fall within the specified range than the anticipated number of contracts, prime providers will be selected in order of ranking in the evaluation process.
   2. (B) If the anticipated number of contracts is greater than the number of prime providers that fall within the specified range, then each prime provider will be selected for one contract on a random basis for the excess contracts. Each of the remaining contracts will be randomly awarded to the prime providers who fall within the specific range until all providers have two contracts or all contracts have been awarded. If there is still an excess of contracts, then the process repeats.
3. (3) Indefinite delivery contract selection. This contract may be for an individual contract or for multiple contracts. The typical type of work will be described in the notice. The total of the contract work authorizations shall not exceed $5,000,000 in a metropolitan district or border district of the department. The total of the contract work authorizations shall not exceed $2,000,000 in a district of the department other than a metropolitan or border district. The contract duration, in which initial work authorizations may be issued, may not be longer than two years. Supplemental agreements may be issued to extend the contract period beyond the two years, but only as necessary to complete work on an initial work authorization.
4. (4) Emergency Selection. If the executive director of the department or the director's designee certifies in writing that there is good cause to believe that an emergency situation exists, including safety hazards and imminent expiration of a contract on an incomplete project, he or she will authorize the CST to select a provider on an emergency basis.

Source Note:The provisions of this §9.39 adopted to be effective April 1, 1997, 22 TexReg 64; amended to be effective June 21, 1998, 23 TexReg 6258; amended to be effective March 21, 1999, 24 TexReg 1821; amended to be effective December 12, 1999, 24 TexReg 10905.