Section 2: Contract Standards
Federal Funds
If the work is federally funded, the federal funding agency
must approve the use of a private consultant before the selection.
The administering division is responsible for obtaining written approval.
23 CFR §172.5.
If the work is federally funded, the federal funding agency
must also concur in writing in a sole source procurement regardless
of the amount. 23 CFR §172.7(a)(3); Federal Acquisition Regulation
(FAR) 6.303 and 6.304.
Automated Systems
Projects involving Automated (computer) Information Systems
must be coordinated through the Information Management Division.
Notices of Intent
The notices of intent for contracts exceeding $15,000 must
be submitted to the Legislative Budget Board (LBB) and the Governor’s
Office of Budget and Planning at the time the selection process starts.
The Governor’s Office of Budget and Planning will decide in a finding
of fact that the services are necessary. Tex. Gov’t Code §2254.028.
Public Notice
Public notice of the Request For Proposal must be published
in the
Electronic State Business Daily (ESBD).
The
notice must be published not later than the 30th
day
before the date of contract signature. Tex. Gov’t Code §2254.029.
If the consultant services contract is $15,000 or less, it is not considered
a major consulting services contract. Tex. Gov’t Code §2254.021(2).
As a result, it is not subject to publication requirements in the
ESBD before or after entering into it. It should at least be published
on TxDOT’s webpage. Selection
In selecting a private consultant, TxDOT must base its choice
on demonstrated competence, knowledge, qualifications, and the reasonableness
of the proposed fee for the services. It is the intent of Texas
Government Code, Chapter 2254 to ensure:
- the greatest and fairest competition in the selection of private consultants, and
- that all potential private consultants are afforded notice of the need for and opportunity to provide consulting services.
When other considerations are equal, private consultants whose
principal place of business is within the state or who will manage
the consulting engagement wholly from one of its offices within
the state are to be given preference. Tex. Gov’t Code §2254.027
Cost is not to be the sole factor in the selection process,
but it must be considered.
Sole Source
Texas Government Code §2254.022 does not prohibit the letting
of a sole-source contract for consulting services if no proposal
is received from a competent, knowledgeable, and qualified private consultant
at a reasonable fee.
Contract Services
Contract Services is responsible for managing the procurement
process for all private consulting contracts.
Notice of Award
If the contract exceeds $50,000, a notice must be sent to
the LBB no later than the 30th day after entering into the contract.
Tex. Gov’t Code §2254.0301.
Renewing, Amending, or Extending Contract
Before renewing, amending, or extending a contract for major
consulting services, the department must notify the Legislative
Budget Board and the Office of the Texas Governor of the contract
and publish information regarding the renewal, amendment, or extension
in the Electronic State Business Daily.
See Tex. Gov’t Code §2254.031.
Reports
As part of the biennial budgetary hearing process conducted
by the LBB and the Governor’s Budget and Planning Office, TxDOT
must supply reports on what action was taken in response to the recommendations
of any private consultant during the previous biennium. Tex. Gov’t
Code §2254.037.
Texas State Library
All documents, films, recordings, or reports produced by a
private consultant must be filed with the Texas State Library. Tex.
Gov’t Code §2254.036.