43 Tex. Admin. Code § 9.39 – Selection Types, Contract Types, and Projected Contracts

(a) Selection types. The department will perform three 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. Each of the remaining contracts will be awarded to the prime providers that 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) Emergency contract selection. To utilize the emergency selection procedure, the executive director of the department or the director's designee must certify in writing that there is good cause to believe that an emergency situation exists, including safety hazards or a substantial disruption of the orderly flow of traffic and commerce for the department.
  1. (A) Eligibility. To be eligible to work on an emergency contract, a prime provider's project manager must be precertified pursuant to §9.41 of this subchapter (relating to Precertification) or must complete a precertification application form prescribed by the department.
  2. (B) Notification.
    1. (i) After an emergency is certified, the managing officer will review the department's file of eligible firms. If there are a sufficient number of firms, the managing officer will notify at least three of those firms.
    2. (ii) Consistent with and contingent upon the nature of the emergency, the managing officer may contact prospective firms by telephone, letter, facsimile, or other appropriate form of communication.
    3. (iii) The managing officer will inform each firm of the nature of the emergency and furnish specifications for the remedy, including time constraints, and any additional information needed for the firm to prepare a project team.
  3. (C) Selection. The department will select the provider based on demonstrated competence and qualifications. The department will negotiate a fair and reasonable price with the top-ranked provider. If agreement cannot be reached, the department will negotiate with the subsequent firms, in order of selection, until an agreement is reached. If no eligible firm is able to provide the required type of service, the managing officer may take any measure necessary to identify and locate an available firm that is able to provide the required service. If selected, the prospective contractor thus identified must complete the precertification application prior to execution of the contract.
(b) Contract types. The department will offer two types of contracts.
1. (1) Indefinite deliverable contract. This contract may be for an individual project or for multiple projects. 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 division, region, metropolitan district, or border district of the department, unless approved by the Texas Transportation Commission prior to NOI publication. 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 period in which initial work authorizations may be issued may not be longer than two years from the date of contract execution, unless approved by the Texas Transportation Commission prior to NOI publication. 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.
2. (2) Specific deliverable contract. This contract may be for an individual project or for multiple projects. The notice will describe the specific deliverables to be procured under the contract. There is no dollar limit on the size of the contract, and there is no time restriction on the contract period.
(c) Projected contracts. The department will publish quarterly a statewide list of projected contracts for consulting engineering, architectural, and surveying services and will provide upon request, or make available on the department's web site, a copy of each list to community, business, and professional organizations for dissemination to their membership.

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; amended to be effective January 9, 2003, 28 TexReg 363; amended to be effective February 17, 2005, 30 TexReg 725; amended to be effective November 18, 2010, 35 TexReg 10056.