Professional services

Professional Services Only Solicitation Clauses: When soliciting a professional services contract, the following federal and state clauses are required regardless of the dollar amount of the contract:

• Patent Rights: If the contract results in the creation of a patented or patentable invention, improvement, or discovery; the federal government retains rights to that invention.
• Rights in Data and Copyrights: The federal government has rights to all data created during the contractual agreement and prohibits the publication or reproduction of that data for other purposes.

When soliciting Architects and Engineers, the following clauses apply as well.

• Seismic Safety: Any new buildings, additions, or existing building renovations will be compliant with all applicable Seismic Safety requirements.
• Brooks Act: When selecting an Architect or Engineer, the subrecipient may request the vendor/ contractor demonstrate their competence and qualifications for the requested service.

State of Texas Required Professional Services Requirements:

1. Buy Texas: If possible, the vendor/contractor agrees to purchase products and material produced in Texas.
2. RP8 E-Verify Program: The subrecipient will verify the vendor/contractor’s eligibility to work within the United State of America using the Department of Homeland Security’s E-Verify system.
3. Anti-Trust Affirmation: >The vendor/contractor affirms they have not violated the Texas Free enterprise and Antitrust Act located at Tex. Bus. & Comm. Code Chapter 15.
4. Tex. Local Government Code Indemnification: The subrecipient shall indemnify and hold harmless the State of Texas and TxDOT from any legal claims, property damage, or injury that occurs as a result of the contract.
5. Dispute Resolution Contract for Professional Services of Architect, Engineer, or surveyor: The subrecipient will comply with the dispute resolution process outlined in Texas Government Code, Section 2260.002.
6. Standard of Care for Architectural and Engineering Contracts: The selected vendor/contract will comply with Section 2254.0031 of the Texas Government Code, which incorporates by reference Section 271.904(d) of the Texas Government Code. The referenced clauses require the selected persons to complete their tasks with the professional skill and care ordinarily provided by a competent engineer or architect practicing under the same or similar circumstances and professional license, and as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 
7. Professional services Procurement Act: Similar to the Brooks Act, the subrecipient may procure architectural or engineering services based on qualification and a fair/reasonable price. 

Unlike other categories, subrecipients may use additional qualifiers when procuring some professional services: 

• Geographic Limitations: When contracting for Architectural and Engineering services, the subrecipient may include geographical limitations if an appropriate number of qualified firms can compete for the project.
• Qualification-Based Procurement: For projects related to or leading to construction, the subrecipient must use the qualification-based procurement procedures when contracting for A&E services. This includes program management, construction management, feasibility studies, preliminary engineering, design, architectural, engineering, surveying, mapping, or related services per 4220.1F. 

*These clauses are in addition to the general clauses found under Procurement, Solicitation Requirements. If you’re interested in a comprehensive list of clauses, you may review the TxDOT PTN-130 and ProcurementPRO by National RTAP.

For more information:

• 49 U.S.C. Public Transportation: Contract Requirements
• Best Practices Procurement Manual: 6.4 Professional Services
• Brooks Act: Use of Brooks Act Procedures for Non-Architect/Engineer Type Procurements