Texas Department on Aging
Notice of Request for Proposals for Internal Audit Services
Notice of Request for Proposals:
Pursuant
to Chapter 2254, Subchapter A, Texas Government Code, the Texas Department
on Aging (TDoA) announces the issuance of a Request for Proposals (RFP) for
the purpose of obtaining from qualified entities internal auditing services
which will enable TDoA to continue to comply with the Texas Internal Auditing
Act, Texas Government Code Annotated, 2102.001 et. seq. (Vernon 1999 Pamphlet)
which details internal auditing services. In evaluating the proposals to provide
Internal Auditing services, the Texas Board on Aging will evaluate each proposal
based on the approach for required services, knowledge of governmental agencies,
experience in providing internal auditing services, and the reasonableness
of fee. The successful proposer will be expected to begin performance of the
contract on or about September 1, 1999, and will continue through August 31,
2000.
Contact:
Parties interested in submitting
a proposal should contact the Frank Pennington, Director of Program and Fiscal
Accountability, Texas Department on Aging, Box 12786, Austin, Texas 78711
(mail) or 4900 North Lamar Boulevard, Fourth Floor, Austin, Texas (512)424-6840,
to obtain a complete copy of the RFP. The RFP will be available for pick-up
at the above referenced address on Friday, June 4, 1999 between 8:00 and 5:00
p.m., Central Daylight Savings Time (CDST) and thereafter, during normal business
hours
Closing Date:
One original and four copies
of a proposal must be received in the Texas Department on Aging office by
no later than 5:00 p.m. Central Daylight Saving Time (CDST), on July 23, 1999.
Proposals received after this time and date will not be considered. Faxed
submissions will not be accepted.
Award Procedure:
Proposals will be subject
to evaluation by a committee based on the evaluation criteria set forth in
the RFP. The committee will determine which proposal best meets these criteria
and will make a recommendation to the Executive Director, who will then make
a recommendation to the Texas Board on Aging. The Board will make the final
decision. A proposer may be asked to clarify his proposal, which may include
an oral presentation prior to final selection.
The Texas Department on Aging reserves the right to accept or reject any
or all proposals submitted. The Department on Aging is under no legal or other
obligation to execute a contract on the basis of this notice or the distribution
of any RFP. Neither this notice nor the RFP commits the Department on Aging
to pay for any costs incurred prior to the execution of a contract.
The anticipated schedule of events is as follows:
Issuance of RFP - June 25; Proposals Due - July 23, 1999, 5:00pm Central
Daylight Saving Time (CST); Award of Contract by Board on August 12, 1999,
and Contract Execution on September 1, 1999, or as soon thereafter as possible.
TRD-9903573
Mary Sapp
Executive Director
Texas Department on Aging
Filed: June 15, 1999
Correction of Errors
The Office of the Attorney General submitted notices of Opinions for publication
in the May 28, 1999, Texas Register (24 TexReg 3953). Due to typographical
errors by the Texas Register, corrections are noted as follows.
Opinion # JC-0045: The citation to the U.S.C. in the fourth line of the
first paragraph should read "...12 U.S.C. 4903(a)..." The Texas Register omitted
the "U" from "U.S.C."
Opinion #JC-0047: The word "whether" is misspelled in the third line of
the first paragraph.
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under the Texas Water Code
and Texas Health and Safety Code. Before the State may settle a judicial enforcement
action under the Health and Safety Code, the State shall permit the public
to comment in writing on the proposed judgment. The Attorney General will
consider any written comments and may withdraw or withhold consent to the
proposed agreed judgment if the comments disclose facts or considerations
that indicate that the consent is inappropriate, improper, inadequate, or
inconsistent with the requirements of the Code.
Case Title and Court:
State of Texas v. Marty
W. Walenta, Case Number 96-14736, in the District Court of Travis County,
Texas
Nature of Defendant's Operations:
Defendant,
Marty Walenta, operated an on-site sewage facility installer business in violation
of the Texas Water Code, Texas Health and Safety Code and the Texas Natural
Resource Conservation Commission rules, orders and licenses relating to the
proper location, design, construction, installation, operation and maintenance
of on-site sewage facilities. Defendant's compliance with the Texas Natural
Resource Conservation Commission's July 17, 1996, order is the subject of
this litigation and proposed settlement.
Proposed Agreed Judgment:
The judgment permanently
enjoins Defendant from constructing, altering, repairing, or extending, any
on-site sewage disposal system without being properly licensed or registered
by the Texas Natural Resource Conservation Commission or unless he is engaged
in proper apprenticeship programs or employed by and under the direct supervision
of a properly licensed or registered installer. Defendant is further enjoined
from representing himself as a licensed or registered on-site sewage disposal
system installer without being properly licensed or registered and he must
submit to the Texas Natural Resource Conservation Commission all original
and copies of his Installer Certificate Registration. Defendant shall pay
$39,300 for administrative and civil penalties, $1,000 for attorney's fees
and $171.00 for court costs..
For a complete description of the proposed settlement, the complete proposed
Agreed Final Judgment should be reviewed. Requests for copies of the judgment,
and written comments on the proposed settlement should be directed to Eugene
A. Clayborn, Assistant Attorney General, Office of the Texas Attorney General,
P. O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512)
320-0911. Written comments must be received within 30 days of publication
of this notice to be considered.
TRD-9903576
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: June 15, 1999
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under
federal law, federal agency activities and actions affecting the Texas coastal
zone must be consistent with the CMP goals and policies identified in 31 TAC
Chapter 501. Requests for federal consistency review were received for the
following projects(s) during the period of June 3, 1999, through June 10,
1999:
FEDERAL AGENCY ACTIONS:
Applicant: Petroleum Communications, Inc.; Location: The project begins
approximately 2,000 feet northwest of Bryan Lake, near Quintana Beach, Brazoria
County, Texas and extends to New Orleans, Louisiana; CCC Project Number: 99-0208-F1;
Description of Proposed Action: The applicant proposes to install 810,546
feet of 1.5-inch-diameter fiber optics cable in the Gulf of Mexico. The cable
will be buried three feet below the seafloor in water depths less than 200
feet except I Safety Fairways where it will be buried ten feet below the seafloor.
Safety Fairways will be crossed in three locations. In waters greater than
200 feet, the cable will be laid on the seafloor bottom; Type of Application:
U.S.A.C.E. permit application number 21689 under §10 of the Rivers and
Harbors Act of 1899 (33 U.S.C.A. 403).
Applicant: Mr. Gerald Jaco; Location: The project is located on the Jones
Bay Channel at 300 Tiki Drive, Tiki Island, near Galveston, Galveston County,
Texas; CCC Project Number: 99-0209-F1; Description of Proposed Action: The
applicant proposes to retain approximately 0.2 acre of unauthorized fill placed
in wetlands by a previous property owner, bulkhead and backfill approximately
480 feet of shoreline, and excavate a boat ramp. The bulkhead will consist
of 558 feet of 12-foot concrete panels and will isolate approximately 0.93
acre of tidal wetlands; Type of Application: U.S.A.C.E. permit application
number 21695 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A.
403), and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).
Applicant: Property Advisors, Inc.; Location: The project is located on
the Gulf of Mexico beach, at the Point San Luis Subdivision, near San Luis
Pass, on Galveston Island, in Galveston, Galveston County, Texas. The site
can be located on the U.S.G.S. San Luis Pass Quadrangle; CCC Project Number:
99-0210-F1; Description of Proposed Action: The applicant proposes to place
beach quality sand onto a 60-by 2,500-foot area of the beach. Approximately
4,400 cubic yards of material will be placed on the beach. Placement will
start at the existing vegetation line and material will be placed to a depth
of two feet; Type of Application: U.S.A.C.E. permit application number 21677
under §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is, or is not consistent with
the Texas Coastal Management Program goals and policies, and whether the action
should be referred to the Coastal Coordination Council for review. Further
information for the applications listed above may be obtained from Ms. Janet
Fatheree, Council Secretary, Coastal Coordination Council, 1700 North Congress
Avenue, Room 617, Austin, Texas 78701-1495, or janet.fatheree@glo.state.tx.us.
Persons are encouraged to submit written comments as soon as possible within
30 days of publication of this notice. Comments should be sent to Ms. Fatheree
at the above address or by fax at (512) 475-0680.
TRD-9903553
Larry R. Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Filed: June 15, 1999
Certification of Crude Oil Prices
The Comptroller of Public Accounts, administering agency for the collection
of the Oil Production Tax, has determined that the price of West Texas Intermediate
crude oil as recorded on the New York Mercantile Exchange (NYMEX) is not below
$15.00 per barrel for the three-month period beginning on March 1, 1999, and
ending May 31, 1999. Therefore, pursuant to the Tax Code, §202.060, crude
oil produced during the month of June 1999 from a qualifying lease, as determined
by the Railroad Commission of Texas, is not exempt from the crude oil tax
imposed by the Tax Code, Chapter 202.
Inquires should be directed to Bryant K. Lomax, Manager, Tax Policy Division,
P. O. Box 13528, Austin, Texas 78711-3528.
TRD-9903548
Martin Cherry
Special Counsel
Comptroller of Public Accounts
Filed: June 14, 1999
Notice of Request for Proposals:
Pursuant
to Chapter 2254, Subchapter B, Texas Government Code, and Chapter 54, Subchapter
F, Texas Education Code, the Comptroller of Public Accounts (Comptroller)
on behalf of the Texas Prepaid Higher Education Tuition Board (Board) announces
the issuance of a Request for Proposals (RFP) for the purpose of hiring a
consultant to assist the Board and Comptroller with marketing agent services
in connection with the prepaid higher education tuition program. The Comptroller
is the executive director and chairperson of the Board. The program is known
as the Texas Tomorrow Fund. The Board is authorized to enter into one or more
contracts for the performance of services relating to the administration of
the program. The Comptroller, as executive director of the Board, is issuing
this RFP in order that the Board may move forward with retaining services
necessary to administer the program, provided that the vendor is subject to
approval by the board. The Board has identified marketing agent services as
a service required to administer the program. If approved by the Board, the
successful proposer will be expected to begin performance of the contract
on or about September 1, 1999.
Contact:
Parties interested in submitting
a proposal should contact the Comptroller of Public Accounts, David R. Brown,
Legal Counsel's Office, 111 E. 17th St., Room G-24, Austin, Texas 78774, (512)
305-8673, to obtain a complete copy of the RFP. The RFP will be available
for pick-up at the above referenced address on Friday, June 25, 1999, between
2 p.m. and 5 p.m. Central Zone Time (CZT), and during normal business hours
thereafter. All written inquiries and mandatory letters of intent to propose
must be received at the above-referenced address no later than 2 p.m. (CZT)
on Monday, July 19, 1999.
Closing Date:
Proposals must be received
in the Legal Counsel's Office no later than 2 p.m. (CZT), on Friday, August
6, 1999. Proposals received after this time and date will not be considered.
Award Procedure:
All proposals will be subject
to evaluation by a committee based on the evaluation criteria set forth in
the RFP. The committee will determine which proposal best meets these criteria
and will make a recommendation to the Deputy Comptroller, who will then make
a recommendation to the Comptroller. The Comptroller will make the final selection
as to a proposer to be recommended to the Board. A proposer may be asked to
clarify its proposal, which may include an oral presentation prior to final
selection.
The Comptroller reserves the right to accept or reject any or all proposals
submitted. Neither the Comptroller nor the Board is under any legal or other
obligation to execute a contract on the basis of this notice or the distribution
of an RFP. Neither this notice nor the RFP commits the Comptroller or the
Board to pay for any costs incurred prior to the execution of a contract.
The anticipated schedule of events is as follows:
Issuance of RFP - June 25, 1999, 2 p.m. (CZT); Mandatory Letter of
Intent and Questions Due - July 19, 1999, 2 p.m. (CZT); Proposals Due - August
6, 1999, 2 p.m. (CZT); and Contract Execution - August 20, 1999, or soon thereafter
as possible.
TRD-9903602
David R. Brown
Legal Counsel
Comptroller of Public Accounts
Filed: June 16, 1999
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in Articles 1D.003
and 1D.009, Title 79, Revised Civil Statutes of Texas, as amended (Articles
5069-1D.003 and 1D.009, Vernon's Texas Civil Statutes).
The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period
of June 21, 1999-June 27, 1999 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period
of June 21, 1999-June 27, 1999 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-9903552
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: June 15, 1999
Application for a Merger or Consolidation
Notice is given that the following application has been filed with the
Texas Credit Union Department and is under consideration:
An application was received from Syntex Credit Union (Houston) seeking
approval to merge with Associated Credit Union (Deer Park) with the latter
being the surviving credit union.
Comments or a request for a meeting by any interested party relating to
an application must be submitted in writing within 30 days from the date of
this publication. Any written comments must provide all information that the
interested party wishes the Department to consider in evaluating the application.
All information received will be weighed during consideration of the merits
of an application. Comments or a request for a meeting should be addressed
to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas,
78752-1699.
TRD-9903595
Harold E. Feeney
Commissioner
Texas Credit Union Department
Filed: June 16, 1999
Notice is given that the following applications have been filed with the
Texas Credit Union Department and are under consideration:
An application for a name change was received for Dallas S.P. Employees
Credit Union, Dallas, Texas. The proposed new name is Dallas U.P. Employees
Credit Union.
An application for a name change was received for Memorial Credit Union,
Houston, Texas. The proposed new name is Memorial Hermann Credit Union.
Comments or a request for a meeting by any interested party relating to
an application must be submitted in writing within 30 days from the date of
this publication. Any written comments must provide all information that the
interested party wishes the Department to consider in evaluating the application.
All information received will be weighed during consideration of the merits
of an application. Comments or a request for a meeting should be addressed
to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas,
78752-1699.
TRD-9903594
Harold E. Feeney
Commissioner
Texas Credit Union Department
Filed: June 16, 1999
Notice is given that the following applications have been filed with the
Texas Credit Union Department and are under consideration:
An application was received from Employees Credit Union, Dallas, Texas
to expand its field of membership. The proposal would permit the employees
of Aramark Corporation who work in or are paid from Dallas, Texas to be eligible
for membership in the credit union.
An application was received from Texas Dow Employees Credit Union, Lake
Jackson, Texas to expand its field of membership. The proposal would permit
the employees, including contract employees, of Brazosport Memorial Hospital,
Lake Jackson, Texas to be eligible for membership in the credit union.
An application was received from Gulf Employees Credit Union, Groves, Texas
to expand its field of membership. The proposal would permit the employees
and members of Cornerstone Church, Winnie, Texas to be eligible for membership
in the credit union.
An application was received from Cameron Credit Union, Houston, Texas to
expand its field of membership. The proposal would permit the employees of
Pritchard Industries Southwest, Inc. who are paid out of Houston, Texas to
be eligible for membership in the credit union.
Comments or a request for a meeting by any interested party relating to
an application must be submitted in writing within 30 days from the date of
this publication. Credit unions that wish to comment on any application must
also complete a Notice of Protest form. The form may be obtained by contacting
the Department at (512) 837-9236. Any written comments must provide all information
that the interested party wishes the Department to consider in evaluating
the application. All information received will be weighed during consideration
of the merits of an application. Comments or a request for a meeting should
be addressed to the Texas Credit Union Department, 914 East Anderson Lane,
Austin, Texas, 78752-1699.
TRD-9903593
Harold E. Feeney
Commissioner
Texas Credit Union Department
Filed: June 16, 1999
In accordance with the provisions of 7 TAC §91.103, the Texas Credit
Union Department provides notice of the final action taken on the following
applications:
Applications to Expand Field of Membership
First Energy Credit Union, Houston, Texas--See
Texas Register
issue dated March 26, 1999 (24 TexReg 2523)
Top O'TEC Credit Union, Amarillo, Texas--See
Texas Register
issue dated March 26, 1999 (24 TexReg 2523)
BUE Credit Union, Waco, Texas--See
Texas Register
issue dated March 26, 1999 (24 TexReg 2523)
Applications for a Merger or Consolidation
WESCO Federal Credit Union and Presbyterian Healthcare System Credit Union--See
Red Arrow-American Credit Union and St. Joseph's Credit Union--See
TRD-9903597
Harold E. Feeney
Commissioner
Texas Credit Union Department
Filed: June 16, 1999
Request for Proposal
The Deep East Texas Local Workforce Development Board, Inc. is seeking
a qualified entity or entities to provide management and operation of the
Deep East Texas Workforce Centers, conduct Job Search and Job Readiness services,
and Rapid Response services in the 12-county Deep East Texas region. Proposers
may choose to bid on all services or any single or combination of services.
In any case, separate proposals must be prepared for each service.
The objectives of these services are to develop a workforce development
system that will match jobs with people through a partnership between education,
labor, the public and the private sectors in an accountable, efficient, and
effective manner. The workforce area is composed of Angelina, Houston, Jasper,
Nacogdoches, Newton, Polk, Sabine, San Augustine, San Jacinto, Shelby, Trinity,
and Tyler counties.
Request for Proposals (RFP) release date: 8:00 a.m., Thursday, June 10,
1999
A bidders conference will be held at 2:00 p.m., June 29, 1999 at the Angelina
County Chamber of Commerce Meeting Room, 1615 South Chestnut; Lufkin, Texas,
75901. Attendance at the conference is not required, however, technical assistance
will be limited to information at the bidders' conference.
Eligible proposers are responsible for having the knowledge of all applicable
laws, rules, and regulations governing these programs. Eligible proposers
include private non-profit, private for-profit, and public entities. The Board
encourages faith-based organizations and women and minority-owned businesses
to apply.
Deadline for submission of proposals: 5:00 p.m. CDT, Friday, July 23, 1999
Requests for copies of the RFP can be made to:
Chris Gaston, Staff Services Officer
Deep East Texas Local Workforce Development Board, Inc.
1318 South John Redditt Drive
Lufkin, Texas 75904
(409) 639-8898
FAX: (409) 633-7491
Email: chris.gaston@twc.state.tx.us
TRD-9903438
Harry Green
Executive Director
Deep East Texas Workforce Development Board
Filed: June 10, 1999
Request for Proposals Concerning State Engineering and Science Recruitment (SENSR) Fund
Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals
authorized by the Texas Education Code, Title 3, Subtitle A, Chapter 51, Subchapter
M, Engineering and Science Recruitment Fund, under Request for Proposals (RFP)
#701-99-017 from organizations that qualify for exemption from federal income
tax under the Internal Revenue Code, Title 26, Subtitle A, Chapter 1, Subchapter
F, Part I, §501(c)(3), and that do not distribute net earnings to any
private shareholder or other individual. The organizations must serve groups
of women or minority group members who, considering their percentages of the
Texas population, are under-represented at institutions of higher education
in programs of engineering and applied sciences.
Description. The objective of this project is to allocate funds to eligible
organizations to establish or operate educational programs. The programs will
support the recruitment of women and members of ethnic minority groups to
assist them in preparing for, or participating in, programs leading to undergraduate
degrees in engineering or science from institutions of higher education. Funding
also shall be used to disseminate information concerning career opportunities
in engineering and science, as well as information about these programs that
are funded under the requirements of the legislative authority noted previously.
Dates of Project. The State Engineering and Science Recruitment (SENSR)
Fund project will be implemented during school year 1999-2000. Proposers should
plan for a starting date of no earlier than September 1, 1999, and an ending
date of no later than August 31, 2000.
Project Amount. For fiscal year 1999-2000, this project will distribute
a total amount of approximately $394,920 subject to the availability of funds
and approval of the commissioner of education. Funding will be provided to
eligible nonprofit, tax-exempt organizations receiving contributions from
other sources. For any one program, funds provided under this RFP may not
exceed $25,000 or 50% of the contributions received by the program in the
preceding fiscal year, whichever is less. Initial funding to eligible organizations
shall be allocated in proportion to the percentage of women and under-represented
minority students or teachers participating in eligible programs. After all
grants have been awarded, funds may be allocated to establish or continue
to operate eligible programs that have not received any contributions. The
total amount budgeted by the contracting project organization for administration
may not exceed 11% of the total amount budgeted for all selected programs
sponsored by that organization. Any money remaining on January 1 of each year
may be allocated to a funded organization in proportion to each organization's
calculated share as previously prescribed. Contributions are defined as gifts,
grants, donations, and market value of in-kind contributions from public and
private entities, including the federal government, but excluding state appropriations.
Subsequent project funding will be based on satisfactory progress of the
first year's objectives and activities and/or general budget approval by the
State Board of Education, the commissioner of education, and the state legislature.
Selection Criteria. Proposals will first be considered based on the ability
of each proposer to satisfy all requirements contained in the RFP. Preference
shall be given to programs that stress the development of mathematical and
scientific competence. Programs in the social sciences (e.g., psychology,
sociology, etc.) will not be considered. TEA reserves the right to select
from the highest-ranking proposals those that would serve the most participants
who are women and under-represented minority group members in the objectives
specified. Other program quality indicators are specified throughout the RFP.
To be approved for funding, programs offered by eligible organizations must
meet certain guidelines. Each program must: (1) use professional volunteers
at each level of instruction; (2) require parental involvement; (3) coordinate
with public school preparation for scientific and mathematics careers; (4)
coordinate with secondary educational institutions, involve organizations
of women and minority group members, and provide demonstrated professional
leadership in educational activities for women and minority group members;
and (5) be compatible with state and federal laws governing education.
TEA is not obligated to execute a resulting contract, provide funds, or
endorse any proposal submitted in response to this RFP. This RFP does not
commit TEA to pay any costs incurred before a contract is executed. The issuance
of this RFP does not obligate TEA to award a contract or pay any costs incurred
in preparing a response.
Requesting the Proposal. A copy of the complete RFP may be obtained by
writing the Document Control Center, Room 6-108, Texas Education Agency, William
B. Travis Building, 1701 North Congress Avenue, Austin, Texas, 78701, or by
calling (512) 463-9304. Please refer to RFP #701-99-017 in your request.
Further Information. For clarifying information about this request, contact
Walter Tillman, Program Administrator V, Office of Continuing Education and
School Improvement, Texas Education Agency, 1701 North Congress Avenue, Austin,
Texas, 78701, (512) 463-9322.
Deadline for Receipt of Proposals. Proposals must be received in the Document
Control Center of the Texas Education Agency no later than 5:00 p.m. (Central
Time), Wednesday, August 4, 1999, to be considered.
TRD-9903591
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Filed: June 16, 1999
Eligible Participants. The Texas Education Agency (TEA) is requesting statements
of interest under Request for Statement of Interest (RFSOI) #701-99-018 from
private companies, regional education service centers, non-profit organizations
and institutions of higher education to participate in the design, implementation
and administration of pilot programs that will explore the impact of delivering
curriculum content via various technologies. Historically underutilized businesses
(HUBs) are encouraged to submit a statement of interest.
Description. The purpose of this project is to design, implement and administer
pilot programs that will explore the impact of delivering curriculum content
via various technologies. The project has been designed to link vendors with
participating school districts. The selected vendors will be expected to provide
technology and/or instructional content, staff development and evaluation
support to participating school districts. Pilot evaluations will include
both surveys and on-site visitations to assess changes in access to curriculum
content, technology, implementation of the changes, student performance, and
impact on instruction in the classroom.
The pilots will be grouped into four major technology categories as follows:
(1) Laptop Computer Pilots--These pilots will examine the use of laptop
computers in delivering curriculum to elementary, middle, and high school
students.
(2) Enhanced Video Distance Learning Pilots--These pilots will use two-way
video and audio to deliver instructional content to elementary, middle, and
high school students.
(3) Internet Access Pilots--These pilots will examine the use of limited
functionality devices such as "thin clients," set top boxes and other tools
for delivering instruction.
(4) Innovation Pilots--TEA will also solicit statement of interests from
vendors and districts that use innovative devices and/or use other devices
in a significantly innovative way.
The pilots will explore the effectiveness of technologies "to deliver curriculum
and improve student learning." In Texas, effective curriculum is defined in
terms of the Texas Essential Knowledge and Skills (TEKS), which identify what
every student should know and be able to do at each grade level and in each
subject area. This project has defined, for each technology and grade span
(elementary, middle and high school), foundation content areas in which curriculum
content must be provided. Curriculum content provided in these foundation
areas must meet the same standards as nonconforming instructional materials,
although preference will be given to pilots that include electronic curricula
that meet the same standards as conforming instructional materials in the
foundation content areas indicated.
Dates of Project. All services and activities related to this statement
of interest will be conducted within specified dates. Participants should
plan for a starting date of no earlier than October 1, 1999, and an ending
date of no later than May 31, 2001.
Project Amount. No funds will be provided to entities submitting a statement
of interest. Funds will be provided to participating school districts for
various purposes.
Selection Criteria. Entities will be selected based on their ability to
carry out all requirements contained in this RFSOI. TEA will base its selection
on, among other things, the demonstrated competence and qualifications of
the entity. TEA reserves the right to select from the highest-ranking statements
of interest those that address all requirements in the RFSOI and that are
most advantageous to the project.
TEA is not obligated to execute a resulting contract, provide funds, or
endorse any statement of interest submitted in response to this RFSOI. This
RFSOI does not commit TEA to pay any costs incurred before a contract is executed.
The issuance of this RFSOI does not obligate TEA to award a contract or pay
any costs incurred in preparing a response.
Requesting the Statement of Interest. A complete copy of RFSOI #701-99-018
may be obtained by writing the: Document Control Center, Room 6-108, Texas
Education Agency, William B. Travis Building, 1701 North Congress Avenue,
Austin, Texas, 78701, or by calling (512) 463-9304. Please refer to the RFSOI
number in your request. The RFSOI can also be viewed at: www.tea.state.tx.us/technology/pilots.
Further Information. For clarifying information about this RFSOI, please
contact Robert Leos, Division of Textbook Administration, Texas Education
Agency, (512) 463-9601.
Deadline for Receipt of Statements of Interest. Statements of Interest
must be received in the Document Control Center of TEA by 5:00 p.m. (Central
Time), Tuesday, July 27, 1999, to be considered.
TRD-9903590
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Filed: June 16, 1999
Summary of Other State Bidder Preference Laws
The General Services Commission publishes this list of other state bidder
preference laws in accordance with Texas Codes Annotated, Government Code,
Title 10, §2252.003, which requires the publication of a list of states
which have laws or regulations regarding the award of contracts for general
construction, improvements, services, or public works projects or purchases
of supplies, materials, or equipment to nonresident bidders, together with
a citation to and summary of the most recent law or regulation of each state
relating to the evaluation of bids from and award of contracts to nonresident
bidders.
ALABAMA:
Code of Alabama, Title 21, §21-2-2 (1998) - Preference for products
made or manufactured by the blind, visually handicapped, deaf or severely
handicapped through the Alabama Institute for the Deaf and Blind. Preference
is not applied over articles produced or manufactured by convicts in Alabama
employed in industries operated or supervised by the board of corrections.
Code of Alabama, Title 39, §39-3-1 (1998) - Preference in contracts
for public works projects financed entirely by the State of Alabama to stipulate
in the contract or cause to be stipulated a provision whereby the person,
firm or corporation undertaking the project agrees to use materials, supplies,
and products manufactured, mined, processed or otherwise produced in the United
States or its territories.
Code of Alabama, Title 39, §39-3-5 (1998) - Preference to resident
contractors in tie bids for public contracts in which any state county or
municipal funds are utilized.
Reciprocal preference is applied to nonresident contractors in the letting
of public contracts. A nonresident contractor is defined in §39-2-12
as a contractor who is neither organized and existing under the laws of the
State of Alabama, nor maintains its principal place of business in the State
of Alabama.
Code of Alabama, Title 41, §§41-16-27 and 41-16-57 (1998) - Preference
in tie bids for commodities produced in Alabama or sold by Alabama persons,
firms, or corporations in the purchase of or contract for personal property
or contractual services.
ALASKA:
Alaska Statutes, §36.15.010 (1999) - Preference for use of only timber,
lumber and manufactured lumber products originating in Alaska from local forests
to be used in projects financed by state money.
Alaska Statutes, §36.15.050 (1999) - A 7% preference for agricultural
products harvested in the state of Alaska and for fisheries products harvested
or processed within the jurisdiction of the State of Alaska when purchased
by the state or by a school district that receives state money.
Alaska Statutes, §36.30.170 (1999) - "Alaska bidder" is defined as
a person who holds a current Alaska business license; submits a bid for goods,
services or construction under the name in the Alaska business license; maintains
a place of business within the state; is incorporated or qualified to do business
under the laws of the State of Alaska; is a sole proprietorship and the proprietor
is a resident of the State of Alaska, or is a partnership and all partners
are residents of Alaska; and if it is a joint venture, that it is composed
entirely of ventures that meet the preceding qualifications.
Section 36.30.170(b) - Awards a contract to the lowest responsive and responsible
bidder after an Alaska bidder preference of five percent, an Alaska products
preference as described in §§36.30.322-36.30.328, and a recycled
products preference under §36.30.337 have been applied.
Section 36.30.170(c) - Award to an Alaska bidder who is not more than 15%
higher than the lowest bid when Alaska bidder offers services through an employment
program. "Program" means the state training and employment program established
in Alaska Statutes, §§23.15.620 -23.15.660
Section 36.30.170(d) - An Alaska bidder preference of 5% for insurance
related contracts.
Section 36.30.170(f) - An Alaska bidder preference of 10% if at least 50%
of bidder's employees at time of the bid are persons with a disability.
Alaska Statutes, §36.30.322 (1999) - Preference for timber, lumber
and manufactured lumber products originating in the state of Alaska forests
to be procured by an agency or used in construction projects of an agency.
Alaska Statutes, §36.30.324 (1999) - Preference for use of Alaska
products and recycled Alaska products in procurements for an agency.
Alaska Statutes, §36.30.328 (1999) - Definitions: "recycled Alaska
product" means an Alaskan product of which not less than 50% of the value
of the product consists of a product that was previously used in another product,
if the recycling process is done in the State of Alaska. "Alaska product"
means a product of which not less than 25% of the value has been added by
manufacturing or production in the State of Alaska.
Alaska Statutes, §36.30.332 (1999) - Preference for the following
Alaska products: Preference of 3% for Class I products that are more than
25% and less than 50% produced or manufactured in the State of Alaska. Preference
of 5% for Class II products that are 50% or more and less than 75% produced
or manufactured in the State of Alaska. Preference of 7% for Class III products
that are 75% produced or manufactured in the State of Alaska.
Alaska Statutes, §36.30.337 (1999) - Preference of 5% for recycled
products.
Title 2, Alaska Administrative Code, §12.260(e) (1999) - If a numerical
rating system is used, an Alaska offeror's preference of at least 10% of the
total possible value of the rating system is assigned to a proposal from an
Alaska bidder.
ARIZONA:
Arizona Revised Statutes Annotated, Title 34, §34-242 (1998) - Preference
of 5% for bidders who furnish materials produced or manufactured in the State
of Arizona to construct a building or structure, or additions to or alterations
of existing buildings or structures to any political subdivision of the State
of Arizona. Bidders cannot claim a preference pursuant to both §34-242
and §34-243 and may not receive more than 5% total preference.
Arizona Revised Statutes Annotated, Title 34, §34-243 (1998) - Preference
of 5% to bidders who furnish materials supplied by a dealer who is a resident
of the State of Arizona to construct a building or structure, or additions
to or alterations of existing buildings or structures for any political subdivision
of Arizona.
Arizona Revised Statutes Annotated, Title 41, §41-2533 (1998) - Preference
of 5% to the bidder of recycled paper product.
Arizona Administrative Code, Title 2, Chapter 7, §R2-7-335 (1998)
- When practical, purchases that cost less than $10,000 shall be restricted
to small businesses. Impractical purchases are under the following circumstances:
Sole-source procurements as defined in A.R.S., §41-2536; emergency procurement
as defined in A.R.S., §41-2537; purchases not expected to exceed $1,000;
purchases delegated within a purchasing agency to field offices; and purchases
that have been unsuccessfully completed by failure to contain a notice that
only small businesses respond, or because the procurement officer has failed
to request confirmation that a bidder contacted to offer a quote is a small
business.
ARKANSAS:
Arkansas Code Annotated, §19-11-259 (1997) - Preference of 5% to a
firm resident in Arkansas in the purchase of commodities that are materials
and equipment used in public works projects.
Arkansas Code Annotated, §19-11-260 (1997) - Preference of 10% for
recycled paper products. An additional 1% preference is allowed for products
containing the largest amount of postconsumer materials recovered within the
State of Arkansas. A bidder receiving a preference under this section shall
not be entitled to an additional preference under §19-11-259.
Arkansas Code Annotated, §19-11-304 (1997) - Priority for bids submitted
by private industries located within the State of Arkansas and employing Arkansas
taxpayers over bids submitted by out-of-state penal institutions employing
convict labor.
Arkansas Code Annotated, §19-11-305 (1997) - Preference of 5% as provided
for in §19-11-259 to Arkansas bidder against bids received from private
industries located outside the State of Arkansas; and a preference of 15%
to Arkansas bidder against out-of-state correctional institution bids.
CALIFORNIA:
California Government Code, Title 1, Chapter 4, §4331 (1999) -- Preference
for supplies grown manufactured, or produced in the State of California, and
next preference for supplies partially manufactured, grown or produced in
the State of California. NOTE: Although §4331 has not been repealed,
it was found to be unconstitutional by the California Attorney General. See
53 Ops. California Attorney General 72, 73 (1970).
California Government Code, Title 1, Chapter 4, §4334 (1999) -- Preference
of 5% to bidders manufacturing in the State of California supplies to be used
or purchased in the letting of contracts for public works, with the construction
of public bridges, buildings and other structures, or with the purchase of
supplies for any public use. NOTE: Although §4334 has not been repealed,
it was found to be unconstitutional by the California Attorney General. See
53 Ops. California Attorney General 72, 73 (1970).
California Government Code, Title 1, Chapter 10.5, §4533 (1999) --
Contracts for goods in distressed areas. Preference of 5% in contracts for
goods in excess of $100,000 given to California based companies that have
at least 50% of the labor hours required to manufacture the goods and perform
the contract performed at a worksite or worksites located in a distressed
area.
California Government Code, Title 1, Chapter 10.5, §4533.1 (1999)
-- Additional preference awarded to bidders for contracts of goods in excess
of $100,000 and who comply with §4533 are as follows: 1% preference for
bidders who agree to hire persons with high risk of unemployment equal to
5% to 9% of its work force during the period of contract performance; a 2%
preference for bidders who agree to hire persons with high risk of unemployment
equal to 10% to 14% of its work force during the period of contract performance;
a 3% preference for bidders who agree to hire persons with high risk of unemployment
equal to 15% to 19% of its workforce during the period of contract performance.
California Government Code, Title 1, Chapter 10.5, §4534 (1999) --
Preference of 5% in contracts for services in excess of $100,000 given to
California based companies that have no less than 50% of the labor required
for the contract performed at a worksite or worksites located in a distressed
area.
California Government Code, Title 1, Chapter 10.5, §4534.1 (1999)--
Additional preferences as set forth in §4533.1 are awarded to bidders
for contracts of services in excess of $100,000 who comply with provisions
as set forth in §4534.
California Government Code, Title 1, Chapter 10.5, §4535.2 (1999)
-- "The maximum preference and incentive a bidder may be awarded under Chapter
10.5, the Target Area Contract Preference Act, is 15% and is not to exceed
a cost preference of $50,000. The combined cost of preferences and incentives
granted pursuant to Chapter 10.5 and any other provision of law is not to
exceed $100,000.
California Public Contract Code, §6107 (1999) -- Reciprocal preference
to a California company applied when awarding contracts for construction.
If the California company is eligible for a California small business preference
described in §14838, the preference applied is the greater of the two,
but not both.
California Government Code, Chapter 12.8, §7084 (1999) -- Contracts
for goods in enterprise zones. Preference of 5% in contracts for goods in
excess of $100,000 to California based companies who certify that not less
than 50% of the labor hours required to perform the contract shall be accomplished
at a worksite or worksites located in an enterprise zone.
Additional preferences to California-based companies complying with this
section during the performance of the contract are as follows: 5% preference
given when not less than 90% of the labor hours required to perform the contract
for goods is accomplished at a worksite or worksites located in an enterprise
zone. 1% preference given to bidders who agree to hire persons living within
a targeted employment area or enterprise zone equal to 5% to 9% of its workforce.
Two percent preference given to bidders who agree to hire persons living within
a targeted employment area or enterprise zone equal to 10% to 14% of its work
force. Three percent preference given to bidders who agree to hire persons
living within a targeted employment area or enterprise zone equal to 15% to
19% of its workforce. Four percent preference given to bidders who agree to
hire persons living within a targeted employment area or enterprise zone equal
to 20 or more percent of its workforce during the period of the contract performance.
The maximum preference awarded to a bidder under the California Government
Code, Chapter 12.8, Enterprise Zone Act, is 15%, and the maximum preference
cost cannot exceed $50,000.00.
California Government Code, Title 1, Chapter 12.97, §7118 (1999) -
A preference of 5% is awarded to California-based companies in contracts for
goods in excess of $100,000 if no less than 50% of the labor required to perform
the contract is accomplished at a worksite or worksites located in a local
agency military base recovery area (LAMBRA).
A preference of 5% is awarded to California-based companies in contracts
for services in excess of $100,000 who perform the contract at a worksite
or worksites located in a LAMBRA.
Additional preferences are awarded to California-based companies complying
with this section as follows: A 1% preference for bidders who shall agree
to hire persons living within a LAMBRA; a 2% preference for bidders who agree
to hire persons living within a LAMBRA that is equal to 10% to 14% of its
work force during the period of contract performance; a 3% preference for
bidders who agree to hire persons living within a LAMBRA that is equal to
15% to 19% of its work force during the contract performance; and a 4% preference
for bidders who hire persons living within a LAMBRA that is equal to 20 percent
or more of its work force during the contract performance.
The maximum preference a bidder may be awarded under Chapter 12.97, Local
Agency Military Base Recovery Area Act, is 15% and the maximum preference
cost cannot exceed $50,000.00.
California Public Contract Code, Chapter 2.5, §10860 (1999) - Under
Chapter 2.5, California State University Contract Law, recycled paper product
contracts are awarded to the bidder with the greater percentage of postconsumer
material.
California Public Contract Code, Chapter 4, §12162 (1999) - All state
agencies are to give a price preference, not to exceed 10%, to recycled paper
products.
California Public Contract Code, Chapter 4, §12168 (1999) - The combined
dollar amount of preference granted by public agencies for the purchase of
recycled paper is not to exceed $100,000. The recycled paper bidder preference
shall not exceed $50,000 if a preference exceeding that amount would preclude
a small business that offers nonrecycled paper products and is qualified under
the California Government Code, §14838.
California Public Contract Code, Chapter 4, §12183 (1999) - A preference
exists for compost and co-compost products when they can be substituted for,
and cost no more than, the cost of regular fertilizer or soil amendment products,
or both.
California Code Annotated, §14838 (1992) - Small businesses - Preference
of 5% for resident small businesses. The maximum small business preference
shall not exceed $50,000 for any bid and the combined cost for preferences
granted by law shall not exceed $100,000.
COLORADO:
Colorado Revised Statutes Annotated, §8-18-101 (1998) - Reciprocal
preference applied in favor of resident bidders for contracts of commodities
and services.
Colorado Revised Statutes Annotated, §8-19-101 (1998) - Reciprocal
preference applied in favor of resident bidders for construction contracts.
Colorado Revised Statutes Annotated, §8-19.5-101 (1998) - Preference
of 5% in a public project contract to a bidder who has used no less than 10%
recycled plastics in the manufacture of commodity or supplies. "Public project"
means any publicly funded contract entered into by a governmental body of
the executive branch of the State of Colorado that is subject to the Procurement
Code, articles 101 to 112 of Title 24, Colorado Revised Statutes.
Colorado Revised Statutes Annotated, §24-30-1203 (1998) - Preference
to purchase products and services from nonprofit agencies for persons with
severe disabilities.
Colorado Revised Statutes Annotated, §24-30-202.5 (1998) - Preference
for resident bidder in "low tie bids" for award of a supply contract. "Low
tie bids" means low responsible bids from bidders that are identical in amount
and that meet all the requirements and criteria set forth in the invitation
for bids. (C.R.S. §24-103-101)
CONNECTICUT:
Connecticut General Statutes, §10-298b (1997) - Preference for products
made or manufactured or services provided by blind persons under the direction
or supervision of the Board of Education and Services for the Blind. Preference
does not apply to articles produced or manufactured by the Department of Correction
Industries in the State of Connecticut.
Connecticut General Statutes, §18-88 (1997) - Preference for each
state department, agency, commission or board to purchase its necessary products
and services from the Correctional Institutions and Department of Correction
Industries, provided they are comparable in price and quality and in sufficient
quantity as may be available outside the institutions.
DELAWARE:
Delaware Code, Title 16, §9605 (1998) - Preference for a product or
service of the Delaware Industries for the Blind
Delaware Code, Title 29, §6962 (1998 - Preference for Delaware laborers,
workers or mechanics in the construction of all public works for the State
of Delaware or any political subdivision, or by firms contracting with the
State or any political subdivision thereof.
DISTRICT OF COLUMBIA:
District of Columbia Code, Title 1, §1-1183.1 (1998) - Preference
for the purchase of materials, equipment, and supplies produced in the District
government or sold by District-based businesses.
FLORIDA:
Florida Statutes, Title XVIII, §255.04 (1998) - Preference in tie
bids awarded to materialmen, contractors, builders, architects, and laborers
who reside in Florida for the purchase of material and in contracts for the
erecting or construction of any public administrative or institutional building.
Florida Statutes, Title XIX, §283.32 (1998) - Preference for each
agency to use recycled paper. A preference of 10% to bidders who certify that
the materials used for a printing contract contain at least the minimum percentage
of recycled content established by the Department of Management Services.
Florida Statutes, Title XIX, §283.35 (1998) - Preference in tie bids
for printing contracts awarded to bidders located within the State of Florida.
Florida Statutes, Title XIX, §287.045 (1998) - Preference of 10% to
responsive bidder who has certified that the products or materials contain
at least the minimum percentage of recycled content and post consumer recovered
material and up to an additional five percent preference to a responsible
bidder who has certified that the products or material are made of materials
recovered in Florida.
Florida Statutes, Title XIX, §287.082 (1998) - Preference in tie bids
for commodities manufactured, grown, or produced in the State of Florida.
Florida Statutes, Title XIX, §287.084 (1998) - Preference to a bidder
whose principal place of business is in the State of Florida for the purchase
of personal property through competitive bidding.
Florida Statutes, Title XIX, §287.087 (1998) - Preference to a business
that has implemented a drug-free workplace program in the procurement of commodities
or contractual services by the state or any political subdivision.
"Commodity" means any of the various supplies, materials, goods, merchandise,
food, equipment, and other personal property, including a mobile home, trailer,
or other portable structure with floor space of less than 3,000 square feet,
purchased, leased, or otherwise contracted for by the state and its agencies.
"Commodity" also includes interest on deferred-payment commodity contracts.
However, commodities purchased for resale are excluded from this definition.
Further, a prescribed drug, medical supply, or device required by a licensed
health care provider as a part of providing health services involving examination,
diagnosis, treatment, prevention, medical consultation, or administration
for clients at the time the service is provided is not considered to be a
"commodity." Printing of publications shall be considered a commodity when
competitively bid.
Florida Statutes, Title XXIX, §403.714 (1998) - Preference for the
procurement of compost products applies to all state agencies, the Department
of Transportation, the Department of Management Services and local governments,
when the compost products can be substituted for, and cost no more than, regular
soil amendment products. The preference applies, but is not limited to, the
construction of highway projects, road rights-of-way, highway planting projects,
recultivation and erosion control programs, and other projects.
Florida Statutes, Title XXIX, §403.753 (1998) - Applies a 5% preference
in the procurement of recycled automotive, industrial and fuel oils, and oils
blended with recycled oils for all state and local government uses.
Florida Administrative Code, Title 60, §60E-1.005 (1999) - Priority
to purchase any commodity or service from workshops for the blind or workshops
for severely handicapped persons.
GEORGIA:
Georgia Code, Title 30, §30-2-4 (1998) - All departments, subdivisions,
and institutions of the State of Georgia are directed to give preference in
purchases of goods manufactured at the Georgia Industries for the Blind.
Georgia Code Annotated, §50-5-60 (1998) - Preference in tie bids in
the purchase and contracting of supplies, materials, equipment manufactured
and printing produced in Georgia. Preference in all cases shall be given to
surplus products or articles manufactured or produced by other state departments,
institutions, or agencies.
Reciprocal preference applied in favor of vendors resident in the State
of Georgia or Georgia businesses.
Georgia Code Annotated, §50-5-60.4 (1998) - Preference given to Georgia
compost and mulch to use in road building, land maintenance, and land development
activities.
Georgia Code Annotated, §50-5-61 (1998) - Preference in tie bids for
supplies, materials, agricultural products and printing produced in Georgia.
HAWAII:
Hawaii Revised Statutes, Title 9, §103-22.1 (1998) - When a governmental
agency contracts for or purchases services, 5% preference shall be given to
services to be performed by nonprofit corporations or public agencies operating
sheltered workshops servicing the handicapped in conformance with criteria
established by the department of labor and industrial relations.
Hawaii Revised Statutes, Title 9, §103D-1002 (1998)Preference of 3%
for Class I Hawaii products that have 25% to 49% of their manufactured cost
in Hawaii; preference of 5% for Class II Hawaii products that have 50% to
74% of their manufactured cost in Hawaii; and a preference of 10% for Class
III Hawaii products that have 75% or more of their manufactured cost in Hawaii.
Hawaii products means products that are mined, excavated, produced, manufactured,
raised, or grown in the state where the input constitutes no less than 25%
of the manufactured cost. (H.R.S., §103D-1001)
Hawaii Revised Statutes, Title 9, §103D-1003 (1998) reference of 15%
to contracts performed in the State of Hawaii for printing, binding or stationery,
including all preparatory work, presswork, bindery work, and any other production-related
work.
Hawaii Revised Statutes, Title 9, §103D-1003 (1998)-- Reciprocal preference
may be applied by the chief procurement officer against bidders from those
states which apply preferences.
Hawaii Revised Statutes, Title 9, §103D-1004 (1998) - Reciprocal preference
against bidders from those states which apply preferences. The amount of the
reciprocal preference shall be equal to the amount by which the non-resident
preference exceeds any preference applied by the State of Hawaii.
Hawaii Revised Statutes, Title 9, §103D-1005 (1998) - Preference given
to products containing recycled material. Purchase specifications shall include
but not be limited to paper, paper products, glass and glass-by-products,
plastic products, mulch and soil amendments, tires, batteries, oil, paving
materials and base, subbase, and pervious backfill materials.
Weils Code of Hawaii Rules, Title 3, Chapter 124, §3-124-24(a) (1999)
Preference of 5% given to recycled products only when purchase does not specify
only recycled products and when non-recycled products are offered.
Hawaii Revised Statutes, §103D-1006 (1998) - Preference in tie bids
given to Hawaii software development businesses.
Weils Code of Hawaii Rules, Title 3, Chapter 124, §3-124-34(a) (1999)
- Price preference of 10% applied to Hawaii software development businesses.
Weils Code of Hawaii Rules, Title 3, Chapter 124, §3-124-31 (1999)
- Definitions. "Hawaii software development business" means any person, agency,
corporation, or other business entity with its principal place of business
or ancillary headquarters located in the State of Hawaii and which proposes
to obtain 80% of the labor for software development from persons domiciled
in Hawaii.
Weils Code of Hawaii Rules, Title 3, Chapter 124, §3-124-25(e) (1999)
- After all preferences are applied to recycled products, and the price comparison,
after taking into consideration all applicable preferences, results in identical
evaluated prices, award shall be made to the offeror offering the product
with the higher post-consumer recovered material content; or the product with
the higher recovered material content if the products have identical post-consumer
recovered material content.
Hawaii Revised Statutes, Title 9, §103D-1007 (1998) - Preference of
7% on bids for public works project contracts given to a bidder who has filed
all state tax returns due to the State of Hawaii and paid all amounts owing
on such returns for two successive years prior to submitting the bid and if
the amount of the bid is $5,000,000.00 or less; and a preference of 7% to
a bidder who has filed all state tax returns due to the State of Hawaii and
paid all amounts owing on such returns for four successive years prior to
submitting the bid and the amount of the bid is more than $5,000,000.00.
Weil's Code of Hawaii Rules, Title 3, Chapter 124, §3-124-44(a) (1999)
- Preference of 7% for in-state contractors bidding on public works contracts.
IDAHO:
Idaho Code, Title 60, §60-101 (1998) -- Preference for all printing,
binding, engraving and stationery work to be executed within the State of
Idaho, except as provided in §60-103 of the Idaho Code.
Idaho Code, Title 60, §60-103 (1998) - Preference of 10% awarded to
a person, firm or corporation proposing to execute printing, engraving, binding,
and stationery work in the State of Idaho.
Idaho Code, Title 67, §67-2348 (1998) - Reciprocal preference applied
in favor of Idaho domiciled contractors on public works contracts.
Idaho Code, Title 67, §67-2349 (1998) -- Reciprocal preference in
favor of suppliers domiciled in Idaho for the purchase of any materials, supplies,
services or equipment. Any bidder domiciled outside the boundaries of the
State of Idaho may be considered an Idaho domiciled bidder provided that for
a period of the year the bidder maintain in Idaho fully staffed offices, or
fully staffed sales offices or divisions, or fully staffed sales outlets,
or manufacturing facilities, or warehouses or other necessary related property;
and if a corporation be registered and licensed to do business in the Sate
of Idaho.
Idaho Code, Title 67, §67-5718 (1998) - Preference in tie bids for
property purchased in excess of $25,000.00 or procured at $1,000.00 per month
to be given to bidders having property of local and domestic production and
manufacture, or bidders having a significant Idaho economic presence as defined
in the Idaho Code.
ILLINOIS:
Illinois Compiled Statutes Annotated, 30 ILCS §500/45-60 (1999) -
Preference to award contract for vehicles to a bidder or offerer who will
fulfill the contract through the use of vehicles powered by ethanol produced
from Illinois corn or biodiesel fuels produced from Illinois soybeans.
Illinois Compiled Statute Annotated, 30 ILCS §500/45-30 (1999) - Preference
given to certain articles, materials, industry related services, food stuffs,
and supplies that are produced or manufactured in institutions and facilities
of the Illinois Department of Corrections.
Illinois Compiled Statute Annotated, 30 ILCS §500/45-35 (1999) - Preference
to procure, without advertising or bids, supplies and services from Illinois
Sheltered workshops for the severely handicapped.
Illinois Compiled Statutes Annotated, 30 ILCS §520/2 (1999) - Preference
given to vendors in those states whose preference laws do not prohibit the
purchase by the public institutions of commodities grown or produced in Illinois.
Applies to all Illinois state agencies. The term "institution" means all institutions
maintained by the State of Illinois or any political subdivision thereof or
municipal corporation therein, including municipally-owned public utility
plants. (30 ILCS §520/1)
Illinois Compiled Statutes Annotated, 30 ILCS §505/6 (1999) Reciprocal
preference for public contracts; 10% preference for using products made from
recycled materials in public contracts.
Illinois Compiled Statutes Annotated, 30 ILCS §555/1 (1999) - Every
institution in the State of Illinois is required to give a 10% preference
to the cost of coal mined in the State of Illinois if used as fuel. The term
"institution" means all institutions maintained by the State of Illinois or
any political subdivision thereof or municipal corporation therein, including
municipally-owned public utility plants. (30 ILCS §555/2)
Illinois Compiled Statutes Annotated, 30 ILCS §565/2 (1999) - Preference
for steel products produced in the United States in all contracts for construction,
reconstruction, repair, improvement or maintenance of public works. "Steel
products" means products rolled, formed, shaped, drawn, extruded, forged,
cast, fabricated, or otherwise similarly processed, or processed by a combination
of two or more such operations, from steel made in the United States by the
open hearth, basic oxygen, electric furnace, Bessemer or other steel making
process. (30 ILCS §565/3)
llinois Administrative Code, Title 44, Chapter X, §1120.4510 (1998)-
Preference for Illinois resident vendor in tie bids. An Illinois resident
vendor who would perform the services or provide the supplies from another
state, or produces or performs at least 51% of the goods or services in another
state, will be considered a resident of the other state as against an Illinois
resident vendor who performs the services or provides the supplies from Illinois.
Reciprocal preference is applied against vendors considered residents of another
state if the state has an in-state preference.
INDIANA:
Burns Indiana Statutes Annotated, Title 5, Chapter 15, §5-22-15-16
(1998) - Preference of 10% for supplies in which 50 percent of volume of the
original component of supplies consists of recycled materials, or the cost
of purchasing recycled materials equals at least 50% of cost of producing
supplies
Burns Indiana Statutes Annotated, Title 5, Chapter 15, §5-22-15-17
(1998) - Preference of 15% for supplies that contain at least 50% by volume
of recycled materials that have been used by an ultimate consumer of the materials.
Burns Indiana Statutes Annotated, Title 5, Chapter 15, §5-22-15-18
(1998) - Preference of 10% for soybean oil based ink.
Burns Indiana Statutes Annotated, Title 5, Chapter 15, §5-22-15-19(1998)
Preference of 10% for the purchase of fuel that is at least 20% soy diesel/bio
diesel by volume. "Soy diesel/bio diesel" includes fuels (other than alcohol)
that are primarily esters derived from biological materials, including oil
seeds and animal fats, for use in compression and ignition engines.
Burns Indiana Statutes Annotated, Title 5, Chapter 15, §5-22-15-20-
(1998) - Preference for Indiana businesses and reciprocal preference applied
in favor of Indiana businesses.
Burns Indiana Statutes Annotated, Title 5, Chapter 15, §5-22-15-22
(1998) - Preference applied for coal mined in Indiana when purchasing coal
for fuel. The preference does not apply if federal law requires the use of
low sulphur coal in the circumstances for which the coal is purchased and
does not apply to the Indiana State Lottery Commission.
IOWA:
Code of Iowa, Title 1, Chapter 18, §18.6 (1997) - Preference in tie
bids for Iowa products and purchases from Iowa based businesses, and reciprocal
preference with states that mandate a percentage preference for the purchase
of equipment, supplies, or services.
Code of Iowa, Title II, Chapter 73, §73.6 (1997) - Preference for
the purchase of coal that is mined or produced within the State of Iowa by
producers who are complying with all the workers' compensation and mining
laws of the state.
Code of Iowa, Title II, Chapter 73, §73A.21 (1997) - Reciprocal preference
for public improvement contracts.
KANSAS:
Kansas Statutes Annotated, §75-3740 (1997) - Preference in tie bids
awarded to bidder within the State of Kansas. In bids for paper products,
preference is given to the bidder whose paper products contain the highest
percentage of recyclable materials. Reciprocal preference is applied in awarding
of any contract for construction of a building or the making of repairs or
improvements upon any building for a state agency.
Kansas Statutes Annotated, §75-3740a (1997) - Reciprocal preference
in favor of Kansas bidder or business on all governmental contracts.
Kansas Statutes Annotated, §75-3740b (1997) - Preference to bidder
for newsprint or high grade bleached printing or writing paper containing
not less than 50% waste paper by weight.
KENTUCKY:
Kentucky Revised Statutes, Title VII, §56.005 (1998) - Preference
for composted materials collected at Kentucky state and local facilities,
to be used by state agencies for projects including, but not limited to, roadway
construction, reconstruction, or maintenance, restoration of sites including
abandoned mine lands reclamation, stream bank stabilization, and reforestation.
Kentucky Revised Statutes, Title VI, §45A.470 (1998) - Preference
for all governmental bodies and political subdivisions of the State of Kentucky
to purchase commodities or services from the Kentucky Department of Corrections.
Second preference given to the Kentucky Industries for the blind.
Kentucky Revised Statutes, Title VI, §45A.520 (1998) - Preference
for recycled materials. State agencies are required to provide minimum recycled
material content equal to those established by the United States Environmental
Protection Agency for purchasing goods, supplies, equipment, materials, and
printing.
Kentucky Revised Statutes, Title XVII, §197.210 (1998) - Preference
to purchase products made by Kentucky prison industries.
LOUISIANA:
Louisiana Revised Statutes, Title 30, §30:2415 (1998) - Preference
for state agencies in Louisiana to purchase recycled paper and paper products,
tissue and paper towels. "Recycled paper product" means all paper and woodpulp
products which contain the recommended minimum content standards specified
in the guidelines as adopted by the Environmental Protection Agency under
the Resource Conservation and Recovery Act of 1976 (Public Law 94-580, 42
U.S.C. 6901 et seq.), as amended, and which are specified in the rules and
regulations promulgated by the secretary of the Department of Environmental
Quality pursuant to R.S. 30:2415.4, except that high grade bleach printing
and writing papers defined in such guidelines, rules, and regulations shall
contain a minimum of 50% recovered paper or 20% recovered post-consumer fiber
by fiber weight.
Louisiana Revised Statutes, Title 30, §30:2417 (1998) - When purchasing
lubricating oils, a purchasing agent for any agency, of the State of Louisiana
is to give preference of 5% to rerefined oil which meets manufacturer's warranty,
and the product of which contains at least twenty - 5% rerefined oil.
Louisiana Revised Statutes, Title 38, §38:2184 (1998) - Preference
given to supplies material, or equipment produced or offered by Louisiana
citizens.
Louisiana Revised Statutes , Title 38, §38:2225 (1998) - Reciprocal
preference against nonresident contractors in public works contracts.
Louisiana Revised Statutes, Title 38,§38:2251 (1998) -- 7% preference
for products assembled, processed, produced or manufactured in Louisiana.
Four percent preference for processed meat, meat products, domesticated catfish
and produce grown outside of the State of Louisiana, but processed in the
State of Louisiana.
Louisiana Revised Statutes, Title 38, §38:2251.1 (1998) -- 10% preference
for milk and dairy products produced or processed in Louisiana.
Louisiana Revised Statutes, Title 38, §38:2251.2 (1998) -- 10% preference
for steel rolled in Louisiana.
Louisiana Revised Statutes, Title 38, §38:2253 (1998) -- Preference
in tie bids to firms doing business in the State of Louisiana.
Louisiana Revised Statutes, Title 39, §39:1595 (1998) - Preference
of 7% for products produced, grown or harvested in Louisiana; preference of
4% for meat and meat products and domesticated catfish processed in Louisiana.
Louisiana Revised Statutes, Title 39, §39:1595.1 (1998) - Reciprocal
preference for all contracts except highway construction.
Louisiana Revised Statutes, Title 39, §39:1595.2 (1998) - Reciprocal
preference in public works contracts.
Louisiana Revised Statutes, Title 39, §39:1595.3 (1998) - 5% preference
for resident vendors to organize or administer rodeos and livestock shows.
Louisiana Revised Statutes, Title 39, §39:1595.5 (1998) - Reciprocal
preference for items purchased from Louisiana retailers.
Louisiana Revised Statutes, Title 39, §39:1595.6 (1998) - 10% preference
for steel rolled in Louisiana.
Louisiana Revised Statutes, Title 39, §39:1733 (1998) - Set aside
for awarding to small businesses an amount not to exceed 10% of the value
of anticipated total state procurement of goods and services, excluding construction.
MAINE:
Maine Revised Statutes Annotated Title 5, §1812-B (1997) - Preference
of 10% to bidders offering paper or paper products with recycled materials.
Maine Revised Statutes Annotated, Title 5, §1825 (1997) - Preference
in tie bids to award contracts to in-state bidders or to bidders offering
commodities produced or manufacutred in the State of Maine. Reciprocal preference
applied in favor of Maine businesses.
Maine Revised Statutes Annotated, Title 5, §1826-C (1997) - Preference
for products and services from work centers. Second preference given to purchases
from the Department of Corrections if no bid is received from a work center.
"Work center" means a rehabilitation facility or that part of a rehabilitation
facility engaged in production or service operation for the primary purpose
of providing gainful employment as an interim step in the rehabilitation process.
(M.R.S., Title 5, §1826-A)
Maine Revised Statutes Annotated Title 26, §1301 (1997) - Preference
in tie bids awarded to workmen and bidders who are residents of the State
of Maine for contracts that are greater than $1,000 for constructing, altering,
repairing, furnishing or equipping its buildings or public works.
MARYLAND:
Annotated Code of Maryland, Article 24, Title 8, §8-102 (1998) - Preference
in tie bids awarded to a Maryland firm. "Maryland firm" means a business entitity
that has its principal office in the State of Maryland.
Annotated Code of Maryland, State Finance and Procurement Code, §14-206
(1998) - Up to a 5% preference applied to a small business. Percentage preference
may vary among industries to account for their particular characteristics.
"Small business" preference means a purchase request for which bids are invited
from a list of qualified bidders that includes small businesses. (Md. State
Finance and Procurement Code, §14-201)
Annotated Code of Maryland, State Finance and Procurement Code, §14-401
(1998) - Reciprocal preference for resident bidders in procurement contracts.
Annotated Code of Maryland, State Finance and Procurement Code, §14-404
(1998) - Preference for the use of Maryland coal in the design of a heating
system for a building or facility in which the State of Maryland provides
at least 50% of the money for construction of the building or facility.
Annotated Code of Maryland, State Finance and Procurement Code, §14-405
(1998) - Preference, not to exceed 5%, for the purchase of products made from
recycled materials. "Recycled materials" means material recovered from or
otherwise destined for the waste stream. Recycled materials includes post-consumer
material, industrial scrap material, compost and obsolete inventories.
MASSACHUSETTS:
Massachusetts General Laws Annotated, Chapter 149, §179A (1999) --
Preference in tie bids to U.S. citizens in awarding of public work contracts.
Massachusetts General Laws Annotated, Chapter 7, §22 (1999) - Preference
in tie bids for supplies and materials manufactured and sold within the State
of Massachusetts. An additional preference may be applied for supplies and
materials manufactured and sold in cities and towns of Massachusetts that
are designated as depressed areas as defined by the Department of Labor of
the United States.
MICHIGAN:
Michigan Statutes Annotated, Title 3, §3.516(261) (1999) - Preference
to Michigan based firms in tie bids for services or manufactured products.
Michigan Statutes Annotated, Title 3, §3.516(268) (1999) - Reciprocal
preference in favor of Michigan business applied in procurements in excess
of $100,000.
Michigan Statutes Annotated, Title 3, §3.405(6) (1999) - Preference
in tie bids for the purchase of fish harvested in the waters of the State
of Michigan.
Michigan Statutes Annotated, Title 4, §4.315 (1999) - Printing paid
wholly or in part with state funds must be printed within the State of Michigan.
Firms must use the allied printing trades council union label.
MINNESOTA:
Minnesota Statutes Annotated, §16B.122, Subd. 3 (1998) - Preference
of 10% for the purchase of recycled materials.
Minnesota Statutes, Annotated, §16C.16 (1998) - Set-aside of at least
25% of total state procurement of goods and services, including printing and
construction to be awarded to small businesses. Small businesses are to have
their principal place of business in Minnesota.
A preference of up to six percent is to be applied to small targeted group
businesses. Small targeted group businesses are majority owned and operated
by women, persons with a substantial physical disability, or specific minority
groups.
MISSISSIPPI:
Mississippi Code 1972 Annotated, §19-13-111 (1998) - Preference in
tie bids given to resident bidders of the State of Mississippi in contracts
for stationery and office supplies and blank books.
Mississippi Code 1972 Annotated, §31-3-21 (1998) - Preference in tie
bids given to resident bidders of the State of Mississippi for public contracts;
and reciprocal preference when awarding to out-of-state bidders for public
contracts.
Mississippi Code 1972 Annotated, §31-7-15 (1998) - Preference in tie
bids given to resident bidders of the State of Mississippi for commodities
grown, processed or manufactured within the State of Mississippi. Preference
of 10% for products made of recovered materials. "Recovered materials" means
those materials having known recycling potential, which can be feasibly recycled
and have been diverted or removed from the waste stream for sale, use or reuse,
by separation, collection or processing. (Miss. Code Ann. § 49-31-9)
Mississippi Code 1972 Annotated, §31-7-47 (1998) - Preference in tie
bids given to resident bidders of the State of Mississippi in the letting
of public contracts, and reciprocal preference when awarding public contracts
to out-of-state bidders.
Mississippi Code 1972 Annotated, §73-13-45 (1998) - Preference in
tie bids given to resident contractors of the State of Mississippi for professional
engineering services; and reciprocal preference when awarding to out-of-state
contractors for professional engineering services.
MISSOURI:
Missouri Revised Statutes, Title II, §8.280 (1999) - Preference to
use products from the mines, forests, and quarries of the State of Missouri
with the construction or repair of public buildings.
Missouri Revised Statutes, Title IV, §34.031 (1999) - Preference in
tie bids for the purchase of products made from materials recovered from solid
waste. Particular emphasis is given to recycled oil, retread tires, compost
materials, and recycled paper products.
The minimum percentage of recycled paper in paper products is as follows:
Forty percent recovered materials for newsprint, eighty percent recovered
materials for paperboard; 50% waste paper in high grade printing and writing
paper; and five to forty percent in tissue products.
Missouri Revised Statutes, Title IV, §34.060 (1999) - Preference to
be given to materials, products, supplies, provisions, and all other articles
produced or manufactured, made or grown within the State of Missouri.
Missouri Revised Statutes, Title IV, § 34.070 (1999) - Preference
in tie bids to all commodities manufactured, mined, produced or grown within
the state of Missouri and to all firms, corporations or individuals doing
business as Missouri firms, corporations or individuals.
Missouri Revised Statutes, Title IV, §34.073 (1999) - Preference in
tie bids for the performance of any job or service given to bidders doing
business as Missouri firms, corporations or individuals, or which maintain
Missouri offices or places of business.
Missouri Revised Statutes, Title IV, §34.076 (1999) - Reciprocal preference
awarded to a bidder or contractor domiciled in Missouri for products and for
public works contracts, except for contracts for highways and public transportation.
Missouri Revised Statutes, Title IV, §34.080 (1999) - Preference in
tie bids for the purchase of coal mined in the State of Missouri to be used
by any institution supported in whole or in part by public funds of the state.
Institutions do not include municipal corporations, political subdivisions
or public schools.
Missouri Revised Statutes, Title IV, §34.165 (1999) - Preference of
five bonus points awarded for products or services manufactured, produced
or assembled in qualified nonprofit organizations for the blind.
MONTANA:
Montana Code Annotated, §18-1-102 (1998) - Reciprocal preference in
favor of Montana businesses for public contracts for construction, repair,
or public works. Preference of 3% for purchases of goods from a resident bidder;
and a preference of 5% to resident bidders for goods or products produced
in Montana. Combined preference shall not exceed 5%. The word "resident" includes
actual residence of an individual within the state of Montana for a period
of more than 1 year immediately prior to bidding.
Montana Code Annotated, §18-1-111 (1998) - Preference in tie bids
to resident bidder, and preference in tie bids for articles of local and domestic
production and manufacture.
Montana Code Annotated, §18-1-111 (1998) - Preference in tie bids
for Montana-made goods in all contracts.
Montana Code Annotated, §18-7-107 (1998) - Preference of 8 percent
to resident bidder for all printing, binding and stationery work that is printed
in the State of Montana.
NEBRASKA:
Nebraska Revised Statutes, §73-101.01 (1999) - Reciprocal preference
in favor of Nebraska business in the letting of a public contract.
Nebraska Revised Statutes, §81-15-159 (1999) - Preference to purchase
products, materials and supplies which are manufactured or produced from recycled
material or which can be ready reused or recycled after their normal use.
Preference to purchase corn-based biodegradable plastics and road deicers
when available, suitable, of adequate quality, unless at a substantially higher
cost.
NEVADA:
Nevada Revised Statutes, Title 27, §333.300 (1999) - Preference in
tie bids to Nevada businesses for the purchase of supplies, materials and
equipment; preference in tie bids with nonresident bidders awarded to bidder
who will furnish goods or commodities produced or manufactured in the State
of Nevada, or to the bidder who will furnish goods or commodities supplied
by a dealer in the State of Nevada.
Nevada Revised Statutes, Title 27, §333.4606 (1999) - Preference for
recycled products in tie bids for the purchase of goods and products; preference
of 5% to recycled products over comparable nonrecycled products in the purchase
of goods and products; preference of 10% to a bidder who manufactures a product
in Nevada in which at least 50% of the weight of the product is post-consumer
waste (a finished material which would normally be disposed of as a solid
waste having completed its life cycle as a consumer item).
Nevada Revised Statutes, Title 27, §333.4609 (1999) - Preference in
tie bids for the purchase recycled paper products.
NEW HAMPSHIRE:
New Hampshire Revised Statutes, Title I, §21-1:14-a (1999) - Printing
and writing paper purchased by or for state agencies is to contain not less
than 30 percent post consumer waste material.
NEW JERSEY:
New Jersey Statutes Annotated, §13:1E-99.24 (1999) - Preference given
to the purchase of products made from recycled paper or recycled paper products
with the highest percentage of post-consumer waste material.
New Jersey Statutes Annotated, §13:1E-99.25 (1999) - Preference of
10% for the purchase of items which are manufactured or produced from recycled
paper or recycled paper products. Up to a 15 percent preference may be for
recycled paper or recycled paper products when it is determined to be in the
best interest of the State of New Jersey.
New Jersey Statutes Annotated, §13:1E-99.27 (1999) - Not less than
65% of the total dollar amount of paper or paper products purchased by the
State is to be made from recycled paper or recycled paper products having
a total weight consisting of not less than 50% secondary waste paper material
and with not less than 25% of its total weight consisting of post-consumer
waste material; except that high-grade office paper, fine paper, bond paper,
offset paper, xerographic paper, mimeo paper and duplicator paper is to be
made from recycled paper having a total weight consisting of not less than
50% secondary waste paper material and with not less than 15% of its total
weight consisting of post-consumer waste material.
New Jersey Statutes Annotated, §13:1E-99.27a (1999) - Preference of
15% for nonpaper finished products or supplies made from recycled material.
New Jersey Statutes Annotated, §52:32-1 (1999) - Preference to use
manufactured and farm products of the United States in all contracts for state
work which the state pays any part of the cost.
New Jersey Statutes Annotated, §52:32-1.4 (1999) - Reciprocal preference
in contracts for goods and services.
New Jersey Statutes Annotated, §52:34-23 (1999) The Division of Purchase
and Property in the State of New Jersey to give preference for the purchase
of items which are made whole or in part from recycled materials.
NEW MEXICO:
New Mexico Statutes Annotated, §13-1-21 (1998) - Preference of 5%
to resident businesses and manufacturers; preference of 5% to resident manufacturers
and resident businesses for the purchase of recycled content goods or virgin
content goods; preference of 10% to resident manufacturers and resident business
for the purchase of both recycled content goods and virgin content goods.
"Resident business" means a New Mexico resident business or a New York
state business enterprise.
"New York state business enterprise" means a business enterprise, including
a sole proprietorship, partnership or corporation, that offers for sale or
lease or other form of exchange, goods or commodities that are substantially
manufactured, produced or assembled in New York state, or services, other
than construction services, that are substantially performed within New York
state.
New Mexico Statutes Annotated, §13-4-1 (1998) - Whenever practicable
award is to be made to a resident contractor for public works contracts or
for the repair, reconstruction, including highway reconstruction, demolition
or alteration thereof.
New Mexico Statutes Annotated, §13-4-2 (1998) - Preference of 5% to
resident contractors for public works contracts. "Resident contractor" means
a New Mexico resident business or a New York state business enterprise.
New Mexico Statutes Annotated, §13-4-5 (1998) - Preference to be given
to materials produced, grown, processed or manufactured in New Mexico by citizens
or residents of New Mexico or provided or offered by a New York state business
enterprise in contracting for materials to be used in the construction or
maintenance of public works.
New Mexico Statutes Annotated, §63-9F-6 (1998) - Preference of 5%
awarded to any business that qualifies as a resident business for a telecommunications
relay system that will enable impaired individuals to communicate with unimpaired
individuals.
NEW YORK:
New York Consolidated Law, State Finance Law, Article 11, § 162 (1998)
[Expires and repealed June 30, 2000] - Certain providers are given exemption
from competitive procurement statutes in the State of New York. The exemption
applies to commodities produced, manufactured or assembled, including those
repackaged to meet the form, function and utility required by state agencies
in New York State. Preferred status is accorded to commodities produced by
the Department of Correctional services' correctional industries program;
commodities and services by qualified charitable non-profit-making agency
for the blind, special employment programs serving mentally ill persons, and
severely disabled people; and commodities and services produced by a qualified
veterans' workshop.
Consolidated Law of New York, State Finance Law, Article XI, §165.3.a
(1998) - Preference of 10% for recycled products (a product manufactured from
secondary materials). Preference of 15% for products in which 50% of the secondary
materials utilized in the manufacture of the product are generated from the
waste stream in New York State. "Secondary materials" means any material recovered
from or otherwise destined for the waste stream, including, but not limited
to post-consumer material, industrial scrap material and overstock or obsolete
inventories from distributors, wholesalers and other companies. It does not
include by-products generated from and commonly reused within an original
manufacturing process. (Article XI, § 165.1)
State Finance Law, Article XI, §165.4.a to .b (1998) - Preference
in the letting of contracts for food products grown, produced or harvested
in the State of New York, or in facilities located in the State of New York.
The Commissioner of General Services assisted by the Commissioner of Agriculture
and Markets will determine the percentage of each food product or class which
must meet the requirements.
State Finance Law, Article XI, §165.6.a to .e (1998) - Office of General
Services may deny to a vendor placement on bidders mailing lists and award
of contracts that they would otherwise obtain if their principal place of
business is located in a state that penalizes New York State vendors, and
if the goods or services offered will be substantially produced or performed
outside New York State.
NORTH CAROLINA:
General Statutes of North Carolina, §143-59 (1999) - Preference in
tie bids for foods, supplies, materials, equipment, printing or services manufactured
or produced in North Carolina or furnished by or through citizens of North
Carolina.
General Statutes of North Carolina, §148-70 (1999) - Preference for
purchasing articles, products and commodities which are manufactured or produced
by North Carolina's Department of Corrections prison system.
NORTH DAKOTA:
North Dakota Century Code, §44-08-01 (1999) - Reciprocal preference,
in favor for North Dakota business for the purchase of any goods, merchandise,
supplies, equipment, and contracting to build or repair any building, structure,
road, or other real property.
North Dakota Century Code, §46-02-15 (1999) - Preference when practicable
for all public printing, binding and blank book manufacturing, blanks, and
other printed stationery, to be done in the State of North Dakota.
North Dakota Century Code, §48-02-10 (1999) - Preference in tie bids
to purchase materials manufactured or produced within the State of North Dakota,
and second, to purchase such as have been manufactured or produced in part
in North Dakota for making alterations, repairs, additions, or erecting new
public buildings.
North Dakota Century Code, §48-02-10.2 (1999) - Preference in tie
bids for furnishing materials, products and supplies which are found, produced,
or manufactured within the State of North Dakota from native natural resources.
OHIO:
Ohio Revised Code Annotated Title 1, §125.09 (1998) - Preference for
United States and Ohio products. Vendors from border states that do not impose
greater restrictions on Ohio bidders are treated as Ohio bidders.
Ohio Revised Code Annotated Title 1, §125.11 (1998) - Department of
Administrative Services, prior to awarding a contract, will first remove from
bids goods or supplies that are not produced or mined in the United States.
From among the remaining bids, preference to be given to bidders with goods
or supplies produced or mined in Ohio.
Ohio Revised Code Annotated Title 1, §125.56 (1998) - All printing
to be executed within the State of Ohio except for printing contracts requiring
special, security paper. Preference of 5% to Ohio bidders in printing contracts
requiring special, security paper.
Ohio Revised Code Annotated Title 1, §153.012 (1998) - Reciprocal
preference in favor of contractors who have their principal place of business
in Ohio, for construction, public improvement, including highway improvement,
contracts.
OKLAHOMA:
Oklahoma Statutes 1991 Title 61. §51 (1998) - Preference for goods
and equipment manufactured or produced in the United States.
Oklahoma Statutes 1991 Title 74, § 85.17 (1998) - Reciprocal preference
applied to out-of-state bidders.
Oklahoma Statutes 1991 Title 74, §85.45c (1998) - A maximum of 5%
bid preference is given to minority business enterprises if amount of funds
expended on state contracts awarded to minority business enterprises is less
than 10%.
Oklahoma Statutes 1991 Title 74, §85.53 (1998) - Preference to purchase
from suppliers of recycled paper products and products manufactured from recycled
materials.
OREGON:
Oregon Revised Statutes, §279.021 (1997) - Preference for goods or
services that have been manufactured or produced in the State of Oregon.
Oregon Revised Statutes, §279.029 (1997) - Reciprocal preference in
favor of Oregon businesses for public contracts. A resident bidder is a bidder
who has paid unemployment taxes or income taxes in the State of Oregon for
one year immediately preceding submission of the bid.
Oregon Revised Statutes, §279.570 (1997) - Preference of 5% for materials
and supplies manufactured from recycled materials. "Recycled material" means
any material that would otherwise be a useless, unwanted or discarded material
except for the fact that the material still has useful physical or chemical
properties after serving a specific purpose and can, therefore, be reused
or recycled. (O.R.S. §279.545)
Oregon Revised Statutes, §279.590 (1997) - Preference of 5% to bidder
whose oil products contain the greater percentage of recycled oil. "Recycled
oil" means oil that has been prepared for reuse as a petroleum product by
refining, rerefining, reclaiming, reprocessing or other means provided that
the preparation or use is operationally safe, environmentally sound and complies
with all laws and regulations. (O.R.S. §279.580)
Oregon Revised Statutes, §279.621 (1997) - Preference of 12% to bidder
or suppliers of recycled paper.
Oregon Revised Statutes, §282.210 (1997) - All printing, binding and
stationery work for the state and political subdivisions to be performed in
the State of Oregon
PENNSYLVANIA:
Pennsylvania Statutes Annotated, Title 71, §639 (1998) - Preference
for goods of American production or manufacture in contracts for stationery,
paper, fuel, repairs, furnishings and supplies.
Pennsylvania Statutes Annotated, Title 71, §671 (1998) - Preference
in tie bids for aluminum and steel products made in the United States.
Pennsylvania Statutes Annotated, Title 73, §1645.3 (1998) - Reciprocal
preference for goods, supplies, equipment, printing, and material in purchases
exceeding the amount of $1,500.
Pennsylvania Statutes Annotated, Title 73, §1645.4 (1998) - Reciprocal
preference in public contracts exceeding the amount of $1,500.
Pennsylvania Statutes Annotated, Title 53, §4000.1505 (1998) - Preference
of 5% to bidder who certifies the minimum percentage of recycled content set
forth in the invitation for bids for goods, supplies, equipment, materials
and printing.
RHODE ISLAND:
General Laws of Rhode Island, §21-4.1-8 (1998) - Preference of 0.25%
or one quarter of 1% given to any Rhode Island milk processor or distributor.
General Laws of Rhode Island, §37-2.2-3 (1998) - Preference for the
state to purchase articles made or manufactured and services provided by persons
with disabilities in nonprofit rehabilitation facilities, or in profit making
facilities where 75% of the employees are disabled.
General Laws of Rhode Island, §37-2-59.1 (1998) - Preference in tie
bids for professional contracts entirely supported by state funds to be awarded
to architectural, engineering, and consulting firms with their place of business
located in Rhode Island. Second preference in tie bids awarded to architectural,
engineering, and consulting firms who propose a joint venture with a Rhode
Island firm.
SOUTH CAROLINA:
Code Of Laws Of South Carolina Annotated, Title 11, Article 5, §11-35-1520
(1998) - Preference in tie bids for contracts amounting to $25,000 or more
to be awarded first to a South Carolina firm; secondly to the bidder with
South Carolina produced or manufactured products. Additional preferences are
applied to ties among South Carolina firms.
Code Of Laws Of South Carolina Annotated, Title 11, Article 5, §11-35-1524
(1998) - Preference of 7% provided to residents of South Carolina or whose
products are made, manufactured, or grown in South Carolina. An addition 3%
preference is awarded to a bidder who is both a resident of South Carolina
and whose products are made, manufactured, or grown in South Carolina.
Code Of Laws Of South Carolina Annotated, Title 12, Article 13, §12-27-30
(1998) - Set-asides of 5% to small business for state source highway funds
expended for direct contracts for highway, bridge, and building construction
and building renovation contracts with estimated values of $250,000 or less.
Small businesses are to be owed and controlled by socially and economically
disadvantaged ethnic minorities and disadvantaged females.
Preference of 2.5% (two and one-half percent) awarded to South Carolina
contractors in tie bids for highway, bridge, and building construction and
building renovation contracts.
Code Of Laws Of South Carolina Annotated, Article 4, § 19-446.1000
(1998) - Preference for end products which are made, manufactured, or grown
in South Carolina if available. If the same or substantially similar end-products
are not available in South Carolina, then procure the same or substantially
similar end-products which are made, manufactured or grown in other states
of the United States, before the same or substantially similar foreign-made
manufactured or grown end-products may be procured.
Preference does not apply to procurement of construction, a contractor
providing materials or services relating to permanent improvements to real
estate, or when the price of a single unit involved is more than $10,000.
"End-product" is the item sought by a governmental body of the State of
South Carolina and described in the solicitation including all component parts
and in final form and ready for the use intended by the governmental body.
"Grown" means to produce, cultivate, raise or harvest, timber, agricultural
produce, or livestock, on the land, or to cultivate, raise, catch, or harvest
products or food from the water which results in an end product.
Code Of Laws Of South Carolina Annotated, Title 44, Article 1, §44-96-20
(1998) - Preference in state procurement policies to products with recycled
contents.
SOUTH DAKOTA:
South Dakota Codified Laws Annotated, §5-19-1 (1999) - Preference
for materials, products and supplies which are found, produced or manufactured
within the State of South Dakota.
South Dakota Codified Laws Annotated, §5-19-3 (1999) - Reciprocal
preference in favor of South Dakota businesses in contracts for public works
or improvement, goods, merchandise, supplies, and equipment. Resident bidder
is any person who has been a bona fide resident of the State of Dakota for
one year or more immediately prior to bidding upon a contract. (S.D. Codified
Laws, § 5-19-4).
South Dakota Codified Laws Annotated, §5-23-13 (1999) - Preference
in tie bids to any person, firm, or corporation who has his or its principal
place of business in the State of South Dakota and to goods manufactured in
South Dakota.
South Dakota Codified Laws Annotated, §5-23-21.2 (1999) - Reciprocal
preference applied on contracts.
South Dakota Codified Laws Annotated, §5-23-45 (1999) - Preference
of 10% applied to bids supplying recycled or starch-based materials.
TENNESSEE:
Tennessee Code Annotated, §12-3-808 (1999) Preference in tie bids
to purchase goods or services from small businesses and minority owned businesses.
Tennessee Code Annotated, §12-3-809 (1999) - Preference in tie bids
to in-state meat producers by departments and agencies.
Tennessee Code Annotated, §12-3-811 (1999) - Preference in tie bids
to in-state coal mining companies.
Tennessee Code Annotated, §12-3-812 (1999) - Preference in tie bids
to in-state natural gas producers.
Tennessee Code Annotated, §12-4-802 (1999) - Reciprocal preference
allowed to residents of Tennessee, and residents of another state that do
not have a preference in public construction contracts against another state
that is contiguous to Tennessee and allows a preference to a resident contractor
of that state.
Tennessee Code Annotated, §71-4-703 (1999) - Preference to purchase
all services or commodities that are available and certified by the Board
of Standards from qualified nonprofit work centers for the blind or agencies
serving individuals with severe disabilities.
TEXAS:
Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D,
§2155.442 (1999) - Preference in tie bids given to bidders with energy
efficient products.
Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D,
§2155.443 (1999) - Preference to bidders of rubberized asphalt paving
made from scrap tires by a facility located in the State of Texas if the cost
as determined by a life-cycle cost benefit analysis does not exceed by more
than 15% the bid cost of alternative paving materials.
Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D,
§2155.444 (1999)- Preference in tie bids for goods and agricultural products
produced or grown in Texas, or offered by Texas bidders, that are of equal
cost and quality to other states of the United States. Preference in tie bids
for goods and agricultural products from other states of the United States
over foreign goods and agricultural products that are of equal cost and quality.
Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D,
§2155.445 (1999) Preference for recycled products if product meets State
of Texas specifications regarding quantity and quality.
Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D,
§2155.446 (1999) - Preference for paper containing the highest proportion
of recycled fibers..
Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D,
§2155.447 (1999) - Preference for motor oil and automotive lubricants
that contain at least 25% recycled oil if cost to the State of Texas and quality
are comparable to those of new oil and lubricants.
Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D,
§2171.052 (1999) - Preference given to resident entities of the State
of Texas for contracts with travel agents.
Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D,
§2252.002 (1999) - Reciprocal preference in favor of Texas businesses
for all governmental contract.
UTAH:
Utah Code Annotated, §63-56-20.5 (1998) - Reciprocal preference in
favor of Utah businesses for goods, supplies, equipment, materials and printing.
Utah Code Annotated, §63-56-20.6 (1998) - Reciprocal preference in
favor of Utah businesses for construction contracts.
Utah Code Annotated, §63-56-20.7 (1998) - Preference of 5% for the
purchase of recycled paper or paper products.
Utah Code Annotated, §63-56-35.8 (1998) - Preference for procurements
from a sheltered workshop if products meet needs and specifications, can be
supplied within a reasonable amount of time, and price is reasonably competitive.
"Sheltered workshop" means a nonprofit organization operated in the interest
of severely disabled individuals.
VERMONT:
None
VIRGINIA:
Code of Virginia Annotated, 11-47 (1998) - Preference in tie bids given
to goods, services and construction produced in Virginia or provided by Virginia
persons, firms or corporations; reciprocal preference for the purchase of
goods, services, and construction applied against other states having resident
preferences; preference in tie bids occurring after existing price preferences
taken into account awarded to bidder whose goods contain the greatest amount
of recycled content.
Code of Virginia Annotated, 11-47.1 (1998) - Preference of four percent
to bidder offering coal mined in Virginia.
Code of Virginia Annotated, 11-47.2 (1998) - Preference of 10% to bidder
offering recycled paper and paper products.
WASHINGTON:
Revised Code of Washington, §39.04.133 (1999) - State's preference
for the purchase and use of recycled content products in the design and development
of state capital improvement projects.
Revised Code of Washington, §39.24.020 (1999) - Preference for fuel
produced in State of Washington.
Revised Code of Washington, §43.19.535 (1999) - Preference to bidder
providing goods or services to a state agency if goods or services are provided
whole or in part by an inmate work program of the department of corrections;
and an amount at least 15% of the total bid amount will be paid by the bidder
to inmates as wages.
Revised Code of Washington, §43.19.538 (1999) - Preference in state
purchasing for the purchase of products containing recycled material.
Revised Code of Washington, §43.19.700 (1999) - Reciprocity preference
in favor of Washington businesses.
Washington Administrative Code, Chapter 236, §236-48-085 (1998) -
In procuring goods and services, an appropriate percentage penalty will be
added to an out-of-state bid by the Office of State Procurement, if the bidder's
state has in-state preference clauses. States with only reciprocity will not
be included.
Washington Administrative Code, Chapter 236, §236-48-096 (1998) -
Preference of 10% for goods containing recovered material. The bidder must
certify the minimum percent content of recovered material as set forth in
the invitation to bid.
WEST VIRGINIA:
West Virginia Code Annotated, §5-19-2 (1999) - 20 percent domestic
preference over foreign products involving public contracts over $5,000 or
steel contracts involving over $50,000 or over 10,000 pounds; 30 percent preference
if domestic production is in area determined by the U.S. Department of Labor
to be a "substantial labor surplus area".
West Virginia Code Annotated, §5A-3-37 (1999) - In this section "resident
bidder" means an individual who has resided in West Virginia continuously
for four years, or a partnership, association, corporation resident vendor,
or a corporation nonresident vendor that has an affiliate or subsidiary that
employs a minimum of one hundred state residents and which has maintained
its headquarters or principal place of business within West Virginia.
The following preferences are listed under §5A-3-37: Preference of
2.5% to resident bidders for construction contracts over $50,000; preference
of 2.5% to resident bidders who employ at least 75% West Virginia residents;
and preference of 2.5% to nonresident vendors who employ at least 100 residents
and have at least 75% resident employees;
West Virginia Code Annotated, §5A-3-37a (1999) - Reciprocal preference
in the purchase of commodities or printing except where the provisions of
§5A-3-37 may apply.
West Virginia Code Annotated, §18B-5-4 (1999) - Preference for resident
bidders in the purchase or acquisition of materials, supplies, equipment and
printing by institutions of higher education.
West Virginia Code Annotated, §20-11-7 (1999) - Preference of 10%
for recycled products. Priority given to paper products with highest post-consumer
content.
WISCONSIN:
Wisconsin Statutes, §16.75(1)(a)(2) (1998) - Preference awarded to
Wisconsin producers, distributors, suppliers and retailers, in the purchase
of materials, supplies, equipment, and contractual services over non Wisconsin
bidders who are from a state that grants a resident preference.
Wisconsin Statutes, §16.75(3m)(b) (1998) - Preference of 5% to minority
businesses for the purchase of materials, supplies, equipment, and contractual
services.
Wisconsin Statutes, §16.855(1) (1998) - Preference to resident bidders
in construction projects against states that impose a resident preference.
Wisconsin Statutes, §16.855(10m)(a) (1998) - Preference of 5% to minority
businesses in the letting of construction contracts.
Wisconsin Statutes, §44.57 (1998) - Preference to resident artists
for works of art in state buildings.
WYOMING:
Wyoming Statutes Annotated, §9-2-1016(b)(iv)(G) (1999) - Preference
of 5% given to a nonprivate sector bidder over a private sector bidder in
awarding bids or contracts for supplies or services if competitive sealed
bidding is required.
Wyoming Statutes Annotated, §16-6-102 (1999) - Preference of 5% given
to a certified resident bidder in public works contracts for the erection,
construction, alteration or repair of any public building, or other public
structure, or for making any addition thereto, or for any public work or improvement.
A successful resident bidder cannot subcontract more than twenty percent of
the work covered by his contract to nonresident contractors (§16-6-103).
Wyoming Statutes Annotated, §16-6-105 (1999) .- Preference of 5% in
public purchases for Wyoming materials, supplies, agricultural products, equipment
and machinery manufactured or grown in the State of Wyoming.
"Agricultural product" means any horticultural, viticultural, vegetable
product, livestock, livestock product, bees or honey, poultry or poultry product,
sheep or wool product, timber or timber product.
Wyoming Statutes Annotated §16-6-301 (1997) - Preference of 10% given
to resident bidders in public printing contracts.
For questions concerning the Bidder Preference List, please contact the
General Services Commission, Office of General Counsel, at (512) 463-3960.
TRD-9903605
Judy Ponder
General Counsel
General Services Commission
Filed: June 17, 1999
Notice of Public Hearings Schedule for Development and Review of Block Grant Funds
Under the authority of the Preventive Health Amendments of 1992 (See 42
United States Code §§300w et.seq), the Texas Department of Health
(department) is making application to the U.S. Public Health Service for funds
to continue the Preventive Health and Health Services (PHHS) Block Grant during
federal fiscal year (FFY) 2000. Provisions in the Act require the chief executive
officer of each state to annually furnish a description (a state plan) of
the intended use of block grant funds in advance of each FFY. A proposal of
this description is to be made public within each state in such a manner as
to facilitate comments.
The grant can be used to support virtually any public health activity.
Language in the 1992 amendments allows block grant monies to be expended for
activities consistent with making progress toward achieving the objectives
established by the "year 2000 health objectives".
In FFY 1999, 17 activities are funded under the block grant. These include
children and tobacco use prevention; sexual assault prevention and crisis
services; public information; health promotion; minority health initiative;
minority health initiative (low birth weights); language services; continuing
nursing education; behavioral risk factor surveillance system; trauma registry;
local health departments; regional emergency health care system; Texas drinking
water fluoridation program; border environmental health; birth defects; adult
and community health; and community-based primary care (put prevention into
practice).
The PHHS Block Grant award for FFY 1999 was $6,113,334. This is a 1.2%
decrease from 1998. Of this amount, $496,657 was required to be used for sexual
assault prevention and crisis services.
The Crime Bill, which was enacted in FFY 1996, provides approximately $42.7
million for rape prevention education activities which will be divided among
the states by population. Texas received $3,028,237 in FFY 1999. Although
these monies are appropriated through the U.S. Department of Justice, the
federal government has chosen to pass the funding to the states through the
PHHS Block Grant award.
The department prepared the following schedule for the development and
review of the FFY 2000 State Plan for the PHHS Block Grant. In July of 1999,
the department will hold public hearings in four public health regions (PHRs):
July 12, 1999
Public Health Region 7, 1100 West 49th Street, Austin, Texas, 4:00 - 6:00
p.m.
July 13, 1999
Public Health Region 1, 1109 Kemper, Lubbock, Texas, 1:00 p.m.
July 13, 1999
Public Health Regions 4 and 5, 1517 West Front Street, Room 257, Tyler,
Texas, 4:00 - 6:00 p.m.
July 13, 1999
Public Health Region 11, 601 West Sesame Drive, Harlingen, Texas, 3:00
p.m.
Following these hearings, the department will summarize and consider the
impact of the public comments received. The department will then notify the
public of the availability of a published summary of these hearings. In August
of 1999, the department will prepare the final FFY 2000 State Plan for the
PHHS Block Grant and forward it to the Governor and federal government.
Please note that the department will continuously conduct activities to
inform recipients of the availability of services/benefits, the rules and
eligibility requirements, and complaint procedures. Written comments regarding
the PHHS Block Grant may be submitted through July 30, 1999, to Philip Huang,
M.D., Chief, Bureau of Disease and Injury Prevention, Texas Department of
Health, 1100 West 49th Street, Austin, Texas 78756-3199. For further information,
call (512) 458-7200.
TRD-9903525
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: June 14, 1999
Request for Public Comment
The Health and Human Services Commission (HHSC) announces the availability
for public comment three draft Requests for Proposal (RFP) for the following
services: (1) production and direction of a statewide multi-media campaign
to publicize the availability of health insurance to families of uninsured
children through television, radio, and print for the Children's Health Insurance
Program (CHIP); (2) delivery of comprehensive health insurance services for
the CHIP; (3) delivery of comprehensive administrative services for the CHIP,
as authorized by Title XXI of the Social Security Act.
The release of the draft RFPs does not constitute
solicitation of offers or proposals by HHSC.
The draft RFPs are available on the HHSC website at http://www.hhsc.state.tx.us.
Interested parties may also obtain copies of the draft RFPs at the offices
of HHSC, 4900 North Lamar Boulevard, Fourth Floor, Austin, Texas, 78751.
All questions and comments should be submitted in writing by 5:00 p.m.,
Central Time, July 12, 1999 to Suzanne VanderPoel, Children's Health Insurance
Program, HHSC, 4900 North Lamar Boulevard, Fourth Floor, Austin, Texas, 78751,
512-424-6568, FAX: 512-424-6585, or e-mail: suzanne.vanderpoel@hhsc.state.tx.us.
TRD-9903596
Marina S. Henderson
Executive Deputy Commissioner
Texas Health and Human Services Commission
Filed: June 16, 1999
Request for Proposals - Legal Notice
The Heart of Texas Council of Governments (COG) is accepting proposals
for replacement of Public Safety Answering (PSAP) equipment for the counties
of Limestone and Freestone. Proposals are due by July 16, 1999 at 5:00 p.m.
Any proposal received after that time and date will not be considered.
For specifications, the Request for Proposals (RFP) is available from the
Heart of Texas COG, 300 Franklin Avenue, Waco, Texas 76701 or by calling (254)
756-7822.
A Pre-Proposal Conference will be held on June 30, 1999. This meeting will
begin at 10:00 a.m. and will be held at the offices of the Heart of Texas
COG, 300 Franklin Avenue, Waco, Texas 76701.
The Heart of Texas COG's reserves the right to reject and an/or all proposals
and to make awards as they may appear to be advantageous to the Heart of Texas
Council of Governments.
TRD-9903608
Brenda Campbell
Executive Assistant
Heart of Texas Council of Governments
Filed: June 17, 1999
Notice of Public Hearing
The Commissioner of Insurance at a public hearing under Docket Number 2411
scheduled for July 27, 1999 at 9:00 a.m., in room 100 of the William P. Hobby
Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider
a proposal made in a staff petition. Staff's petition seeks adoption of amendments
for residential property Endorsements, HO-190, Texas Homeowner Policy Sworn
Statement In Proof Of Loss, and TDP-014, Texas Dwelling Policy Sworn Statement
In Proof Of Loss. Staff's petition (Ref. Number P-0699-08-I), was filed on
June 9, 1999.
The above-prescribed forms utilize pre-printing of the century so that
the year can be completed by supplying the last two digits. These forms have
places where dates are to be supplied and they use "19__."
Staff proposes to amend Endorsements HO-190 Texas Homeowners Policy Sworn
Statement in Proof Of Loss and TDP-014 Texas Dwelling Policy Sworn Statement
to delete "_______________ ,19__" and replace with "_______________ , ____."
(Month) (Year)
A copy of the petition, including an exhibit with the full text of the
proposed amendments to the endorsements is available for review in the office
of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street,
Austin, Texas. For further information or to request copies of the petition,
please contact Sylvia Gutierrez at (512) 463-6327; refer to (Ref. Number P-0699-08-I).
Comments on the proposed changes must be submitted in writing within 30
days after publication of the proposal in the Texas Register, to the Office
of the Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A,
Austin, Texas 78714-9104. An additional copy of comments is to be submitted
to David Durden, Deputy Commissioner, Automobile and Homeowners Division,
Texas Department of Insurance, P. O. Box 149104, MC 104-5A. Austin, Texas
78714-9104.
This notification is made pursuant to the Insurance Code, Article 5.96,
which exempts it from requirement of the Government Code, Chapter 2001 (Administrative
Procedure Act).
TRD-9903531
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: June 14, 1999
Request for Proposals for Broadcast Production Services
The Texas Lottery Commission (the "Texas Lottery") is issuing a Request
for Proposals for Broadcast Production Services ("the RFP"). The purpose of
the RFP is to obtained proposals from qualified vendors to provide television
production and satellite transmission services for the Texas Lottery to broadcast
live on-line game drawings (e.g., LOTTO, Pick3, Cash 5, and Texas Million).
The Texas Lottery is seeking proposals on televised broadcast production
staffing and services for the televised live on-line game drawings at a production
facility within a forty (40) mile radius of the Texas Lottery's headquarters
located at 611 E. 6th Street, Austin, Texas 78701.
The term of any contract shall commence on the execution date of the contract
and continue for one (1) year. This contract may be extended by the Texas
Lottery for an additional one (1) year period at the sole discretion of the
Texas Lottery.
Schedule of Events
The time schedule for awarding a contract under this RFP is shown below.
The Texas Lottery reserves the right to amend the schedule.
June 16, 1999-Issuance of RFP
July 9, 1999-Letter of Intent to Propose Due (4:00 p.m. CT)
July 9, 1999-Written Questions Due (4:00 p.m. CT)
July 16, 1999-Answers to Written Questions Issued
July 26, 1999-DEADLINE FOR PROPOSALS (4:00 p.m. CT)
August 3, 1999-Announcement of Apparent Successful Proposer (or as soon
as possible thereafter)
To obtain a copy of this RFP, please contact Kaye Schultz, Assistant General
Counsel, Texas Lottery Commission, P.O. Box 16630, Austin, Texas 78761-6630,
telephone (512) 344-5050, or by facsimile at (512) 344-5189.
TRD-9903569
Ridgely C. Bennett
Deputy General Counsel
Texas Lottery Commission
Filed: June 15, 1999
Public Hearing Notice
Health and Human Services Commission and Texas Department of Mental Health
and Mental Retardation Notice of Joint Public Hearing on Home and Community-Based
Services (HCS) Rates and Mental Retardation Local Authority (MRLA) Rates.
The Health and Human Services Commission and the Texas Department of Mental
Health and Mental Retardation will conduct a joint public hearing to receive
public comment on proposed reimbursement rates for Home and Community-Based
Services (HCS) effective September 1, 1999, through August 31, 2000, and Mental
Retardation Local Authority (MRLA) effective September 1, 1999, through August
31, 2000. The joint hearing will be held in compliance with Title 1, Texas
Administrative Code, Chapter 355, Subchapter F, §355.702(h), which requires
a public hearing on proposed reimbursement rates for medical assistance programs.
The public hearing will be held on Wednesday, July 7, at 9:00 a.m. in room
240 of the TDMHMR Central Office building (Building 2) at 909 West 45th Street,
Austin, Texas 78751.
Written comments may be submitted to Reimbursement and Analysis Section,
Medicaid Administration, Texas Department of Mental Health and Mental Retardation,
P.O. Box 12668, Austin, Texas 78711-2668, or faxed to (512) 206-5693. Hand
deliveries will be accepted at 909 West 45th Street, Austin, Texas 78751.
Comments must be received by noon on Wednesday, July 7, 1999. Interested parties
may obtain a copy of the reimbursement briefing package 10 days prior to the
hearing by calling the Reimbursement and Analysis Section at (512) 206-5753.
Persons requiring ADA accommodation should contact Tom Wooldridge by calling
(512)206-5753, at least 72 hours prior to the hearing. Persons requiring an
interpreter for the deaf or hearing impaired should contact Tom Wooldridge
through the Texas Relay operator by calling 1-800-735-2988.
TRD-9903598
Charles Cooper
Chairman, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Filed: June 16, 1999
Draft 1999 Update--State of Texas Water Quality Management Plan
The Texas Natural Resource Conservation Commission (TNRCC) announces the
availability of the Draft May 1999 Update to the Water Quality Management
Plan for the State of Texas.
The Water Quality Management Plan (WQMP) is developed and promulgated pursuant
to the requirements of the federal Clean Water Act (CWA), §208. The Draft
May 1999 WQMP Update includes projected effluent limits of indicated domestic
dischargers useful for water quality management planning in future permit
actions. Once TNRCC certifies a WQMP update, the update is submitted to the
United States Environmental Protection Agency (EPA) for approval. For some
Texas Pollution Discharge Elimination System (TPDES) permits, EPA approval
of a corresponding WQMP update is a necessary precondition to TPDES permit
issuance by TNRCC.
A copy of the Draft May 1999 Update may be viewed on the TNRCC's web page
at http://www.tnrcc.state.tx.us/water/quality/index.html, and at the TNRCC
Central Office at 12015 North Interstate 35, Building A, Library.
A public hearing will be held on Monday, July 26, 1999, at 10:00 a.m.,
at the TNRCC offices, 12015 North Interstate 35, Austin, Building F, Room
5108.
Comments on the Draft May 1999 Update to the Water Quality Management Plan
shall be provided in written form and sent to Suzanne Vargas, Texas Natural
Resource Conservation Commission, Water Quality Division, MC 150, P.O. Box
13087, Austin, Texas, 78711-3087, (512) 239-4619. Comments may be faxed to
(512) 239-4410, but must be followed up with the submission and receipt of
the written comments within three working days of when they were faxed. Written
comments must be received by 5:00 p.m., July 26, 1999. This deadline for comments
will be extended to 5:00 p.m., August 9, 1999, if a member of the public submits
a written request for such an extension which is received by Suzanne Vargas
by 5:00 p.m., July 26, 1999. For further information contact Suzanne Vargas,
Texas Natural Resource Conservation Commission, Water Quality Division, MC
150, (512) 239-4619, e-mail svargas@tnrcc.state.tx.us.
TRD-9903584
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: June 16, 1999
The Texas Natural Resource Conservation Commission (TNRCC or commission)
Staff is providing an opportunity for written public comment on the listed
Default Orders. The TNRCC Staff proposes a Default Order when the Staff has
sent an Executive Director's Preliminary Report and Petition (EDPRP) to an
entity outlining the alleged violations; the proposed penalty; and the proposed
technical requirements necessary to bring the entity back into compliance,
and the entity fails to request a hearing on the matter within 20 days of
its receipt of the EDPR. Similar to the procedure followed with respect to
Agreed Orders entered into by the executive director of the TNRCC pursuant
to the Texas Water Code (the Code), §7.075, this notice of the proposed
order and the opportunity to comment is published in the
Texas Register
no later than the 30th day before the date on which
the public comment period closes, which in this case is
July 25, 1999
. The TNRCC will consider any written comments received
and the TNRCC may withdraw or withhold approval of a Default Order if a comment
discloses facts or considerations that indicate that the proposed Default
Orders is inappropriate, improper, inadequate, or inconsistent with the requirements
of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's
orders and permits issued pursuant to the TNRCC's regulatory authority. Additional
notice of changes to a proposed Default Order is not required to be published
if those changes are made in response to written comments.
A copy of each of the proposed Default Orders is available for public inspection
at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building
A, 3rd Floor, Austin, Texas, 78753, (512) 239-3400 and at the applicable Regional
Office listed as follows. Written comments about the Default Order should
be sent to the attorney designated for the Default Order at the TNRCC's Central
Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be
(1) COMPANY: Carol Norra dba North Fork Mobile Home Park; DOCKET NUMBER:
1998-0594-PWS-E; TNRCC IDENTIFICATION (ID) NUMBER: 1011926; LOCATION: 205
Reidland Road, off Farm to Market 2100, north of Crosby, Harris County, Texas;
TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.106(a)
and (e)(2) and Texas Health and Safety Code (THSC), §341.033(d) by failing
to collect and submit the appropriate number of water samples for bacteriological
analysis and by failing to provide public notification of failure to collect
bacteriological water samples for the months of August through December, 1997
and January through March, 1998; THSC, §341.041 by failing to pay the
public health service fee for the year 1998; and 30 TAC §290.120(c)(3)(6)
by failing to submit a sample site selection for lead/copper samples and by
failing to collect and submit samples for lead/copper analysis; PENALTY: $4,969;
STAFF ATTORNEY: Nathan Block, Litigation Division, MC 175, (512) 239-4706;
REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas, 77023-1486, (713)
767-3500.
(2) COMPANY: Shaban Jannesari dba S. Mart Foods; DOCKET NUMBER: 1998-0935-PST-E;
TNRCC ID NUMBER: 34848; LOCATION: 10510 South Post Oak, Houston, Harris County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULES VIOLATED: 30 TAC §115.242(3)(A) and THSC, §382.085(b) by failing
to equip the Stage II vapor recovery system with California Air Resources
Board certified components; PENALTY: $500; STAFF ATTORNEY: Heather C. Otten,
Litigation Division, MC 175, (512) 239-1738; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas, 77023-1486, (713) 767-3500.
(3) COMPANY: Larry Williams dba Wilco Auto Repair; DOCKET NUMBER: 1998-0900-AIR-E;
TNRCC ID NUMBER: GI-0215-L; LOCATION: 803 East Houston, Sherman, Grayson County,
Texas; TYPE OF FACILITY: vehicle repair shop; RULES VIOLATED: 30 TAC §116.110
by operating the vehicle body repair shop without a permit, without satisfying
the conditions of an exemption and by operating his vehicle body repair shop
without a spray booth; PENALTY: $6,250; STAFF ATTORNEY: M. Camille Morris,
Litigation Division, MC 175, (512) 239-3915; REGIONAL OFFICE: 1101 East Arkansas
Lane, Arlington, Texas, 76010-6499, (817) 469-6750.
TRD-9903582
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: June 16, 1999
The Texas Natural Resource Conservation Commission (TNRCC or commission)
Staff is providing an opportunity for written public comment on the listed
Agreed Orders (AOs) pursuant to the Texas Water Code (the Code), §7.075.
Section 7.075 requires that before the TNRCC may approve the AOs, the TNRCC
shall allow the public an opportunity to submit written comments on the proposed
AOs. Section 7.075 requires that notice of the opportunity to comment must
be published in the
Texas Register
not later
than the 30th day before the date on which the public comment period closes,
which in this case is
July 25, l999
. Section
7.075 also requires that the TNRCC promptly consider any written comments
received and that the TNRCC may withdraw or hold approval of an AO if a comment
discloses facts or considerations that the consent is inappropriate, improper,
inadequate, or inconsistent with the requirements of the statutes and rules
within the TNRCC's Orders and permits issued pursuant to the TNRCC's regulatory
authority. Additional notice of changes to a proposed AO is not required to
be published if those changes are made in response to written comments.
A copy of each of the proposed AOs is available for public inspection at
both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building
A, 3rd Floor, Austin, Texas, 78753, (512) 239-3400 and at the applicable Regional
Office listed as follows. Written comments about the AOs should be sent to
the attorney designated for the AO at the TNRCC's Central Office at P.O. Box
13087, MC 175, Austin, Texas, 78711-3087 and must be
received by 5:00 p.m. on July 25, 1999
. Written comments may also be
sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys
are available to discuss the AOs and/or the comment procedure at the listed
phone numbers; however, §7.075 provides that comments on the AOs should
be submitted to the TNRCC in
writing
.
(1) COMPANY: Naushad Virani dba Circle B One Stop; DOCKET NUMBER: 1998-0842-PWS-E;
TNRCC IDENTIFICATION (ID) NUMBER: 12497; LOCATION: Farm to Market Road 321
at Salem Road, Cleveland, Harris County, Texas; TYPE OF FACILITY: public water
system; RULES VIOLATED: 30 TAC §290.51 and Texas Health and Safety Code
(THSC), §341.04 by failing to pay public health service fees for the
year 1997; 30 TAC §290.103(5) by failing to provide public notice for
Virani's failure to conduct bacteriological sampling; and 30 TAC §290.105,
§290.106, and THSC, §341.033(d) by failing to routinely collect
and submit bacteriological samples and repeat fecal coliform samples for analysis;
PENALTY: $600; STAFF ATTORNEY: Scott McDonald, Litigation Division, MC 175,
(512) 239-6005; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas,
77023-1486, (713) 767-3500.
(2) Chevron USA Incorporated; Relative to the Port Arthur Refinery; DOCKET
NUMBER: 1997-0404-IHW-E; LOCATION: Port Arthur, Jefferson County, Texas; TYPE
OF FACILITY: refinery; RULE VIOLATED: This proposed Agreed Order would supplement
a 1997 TNRCC Agreed Order, entitled In The Matter of Clark Refining and Marketing,
Incorporated and Chevron U.S.A. Incorporated; Port Arthur Refinery; SWR Number
30004, Docket Number 1997-0404-IHW-E, by designating and authorizing the utilization
of a Corrective Action Management Unit for the management and disposal of
remediation wastes from the Port Arthur Refinery located at the end of West
Seventh Street, Port Arthur, Jefferson County, Texas; PENALTY: $0; STAFF ATTORNEY:
Mary Risner, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE:
3870 Eastex Freeway, Suite 110, Beaumont, Texas, 77703-1892, (409) 898-3838.
(3) COMPANY: John Cox; DOCKET NUMBER: 1998-1298-AIR-E; TNRCC ID NUMBER:
GB-05250B; LOCATION: Lone Pine Subdivision, Santa Fe, Galveston County, Texas;
TYPE OF FACILITY: commercial property development; RULES VIOLATED: 30 TAC
§;111.201, 111.219(6)(A) and (7), 330.5, and THSC, §382.085(b) by
conducting unauthorized outdoor burning of waste materials, including tires
and by leaving burning unattended; PENALTY: $3,125; STAFF ATTORNEY: Heather
Otten, Litigation Division, MC 175, (512) 239-1738; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas, 77023-1486, (713) 767-3500.
(4) COMPANY: Edwin Hempel; DOCKET NUMBER: 1998-0203-OSI-E; TNRCC ID NUMBER:
3527; LOCATION: Coryell County, Texas; TYPE OF FACILITY: on-site installer;
RULE VIOLATED: 30 TAC §285.109 and THSC, §366.051(a) and (c) by
altering, repairing, or extending an on-site sewage facility (OSSF) system
without the owner or owner's representative showing proof of a permit and
approved plan from an authorized agent; 30 TAC §285.103(a)(4) by constructing
or installing an OSSF without a satisfactory completion of on-site inspections
by an authorized agent; and 30 TAC §285.17(e) and THSC, §366.004
by installing, altering, repairing, or extending an OSSF that does not comply
with THSC, Chapter 366 and applicable rules, including the installation of
a standard OSSF where soil and/or size characteristics of the property excluded
the use of a standard OSSF; PENALTY: $2,000; STAFF ATTORNEY: Mary R. Risner,
Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: 6801 Sanger
Avenue, Suite 2500, Waco, Texas, 76710-7826, (254) 751-0335.
(5) COMPANY: TXI Operations, L.P.; DOCKET NUMBER: 1995-0663-AIR-E; TNRCC
ID NUMBER: ED-0066-B; LOCATION: 245 Ward Road, Midlothian, Ellis County, Texas;
TYPE OF FACILITY: cement manufacturing plant; RULES VIOLATED: The proposed
Order would terminate a 1995 Agreed Order issued by the commission against
TXI for violations of 30 TAC §101.4 and THSC, §382.085(a) and (b);
PENALTY: $0; STAFF ATTORNEY: Lisa Uselton Dyar, Litigation Division, MC 175,
(512) 239-5692; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas,
76010-6499, (817) 469-6750.
TRD-9903583
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: June 16, 1999
The Texas Natural Resource Conservation Commission (TNRCC or commission)
Staff is providing an opportunity for written public comment on the listed
Shutdown Orders. Texas Water Code (the Code), §26.3475 authorizes the
TNRCC to order the shutdown of any underground storage tank (UST) system found
to be noncompliant with release detection, spill and overfill prevention,
and/or, after December 22, 1998, cathodic protection regulations of the commission,
until such time as the owner/operator brings the UST system into compliance
with those regulations. The TNRCC staff proposes a shutdown order after the
owner or operator of a underground storage tank facility fails by to perform
required corrective actions within 30 days after receiving notice of the release
detection, spill and overfill prevention, and/or, after December 22, 1998,
cathodic protection violations documented at the facility. Pursuant to the
Code, §7.075, this notice of the proposed order and the opportunity to
comment is published in the
Texas Register
no later than the 30th day before the date on which the public comment period
closes, which in this case is
July 25, l999
.
The TNRCC will consider any written comments received and the TNRCC may withdraw
or withhold approval of a Shutdown Order if a comment discloses facts or consideration
that indicate that the consent to the proposed Shutdown Order is inappropriate,
improper, inadequate, or inconsistent with the requirements of the statutes
and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits
issued pursuant to the TNRCC's regulatory authority. Additional notice of
changes to a proposed Shutdown Order is not required to be published if those
changes are made in response to written comments.
Copies of each of the proposed Shutdown Orders is available for public
inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle,
Building A, 3rd Floor, Austin, Texas, 78753, (512) 239-3400 and at the applicable
Regional Office listed as follows. Written comments about the Shutdown Order
should be sent to the attorney designated for the Shutdown Order at the TNRCC's
Central Office at P.O. Box 13087, MC 175, Austin, Texas, 78711-3087 and must
be
received by 5:00 p.m. on July 25, l999
. Written
comments may also be sent by facsimile machine to the attorney at (512) 239-3434.
The TNRCC attorneys are available to discuss the Shutdown Orders and/or the
comment procedure at the listed phone numbers; however, comments on the Shutdown
Orders should be submitted to the TNRCC in
writing
.
(1) FACILITY: Today's Store; OWNER: Mr. Huong Nguyen; DOCKET NUMBER: 1999-0317-PST-E;
TNRCC IDENTIFICATION (ID) NUMBER: 48238; LOCATION: 401 North Third Street,
Ganado, Jackson County, Texas; TYPE OF FACILITY: retail gasoline service station
with USTs; RULES VIOLATED: 30 TAC §334.50(a)(1)(A) by failing to provide
proper release detection for the USTs at the facility; 30 TAC §334.51(b)(2)(B)
and (C) by failing to provide proper spill containment and overfill prevention
equipment for the USTs at the facility; and 30 TAC §334.49(a) by failing
to provide proper corrosion protection for the USTs at the facility; PENALTY:
Shutdown order; STAFF ATTORNEY: John Peeler, Litigation Division, MC-175,
(512) 239-3506; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi,
Texas, 78412-5503, (512) 980-3100.
(2) COMPANY: Graham Food Market and Laundrymat, OWNER: The New Jats Corporation;
DOCKET NUMBER: 1999-0276-PST-E; TNRCC ID NUMBER: 43157; LOCATION: 1801 South
Highway 16, Graham, Young County, Texas; TYPE OF FACILITY: retail gasoline
service station with USTs; RULES VIOLATED: 30 TAC §334.50(a)(1)(A) by
failing to provide proper release detection for the USTs at the facility;
and 30 TAC §334.51(b)(2)(C) by failing to provide proper overfill prevention
equipment for the USTs at the facility; PENALTY: Shutdown order; STAFF ATTORNEY:
John Wright, Litigation Division, MC-175, (512) 239-2269; REGIONAL OFFICE:
1977 Industrial Boulevard, Abilene, Texas, 79602-7833, (915) 698-9674.
TRD-9903581
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: June 16, 1999
The State Office Administrative Hearing (SOAH) has issued a Proposal for
Decision and Order to the Texas Natural Resource Conservation Commission (TNRCC)
on June 11, 1999 on Executive Director's Report and Petition Assessing Administrative
Penalties and Requiring Certain Actions of Jerry Roberts dba Roberts Grocery
and Station; SOAH Docket Number 582-99-0058; TNRCC Docket Number 98-0608-PST-E;
In the matter to be considered by the Texas Natural Resource Conservation
Commission on a date and time to be determined by the Chief Clerk's Office
in Room 201S of Building E, 1118 North Interstate 35, Austin, Texas. This
posting is Notice of Opportunity to comment on Proposal for Decision and Order.
Comment period will end 30 days from date of publication. If you have any
questions or need assistance, please contact Doug Kitts, Chief Clerk's Office,
(512) 239-3315.
TRD-9903589
Douglas A. Kitts
Agenda Coordinator
Texas Natural Resource Conservation Commission
Filed: June 16, 1999
The Texas Natural Resource Conservation Commission (TNRCC) and the State
Energy Conservation Office (SECO) seek proposals for evaluation in response
to a U.S. Department of Energy (DOE) Request for Proposals (RFP).
The program is National Industrial Competitiveness through Environment,
Energy, and Economics (NICE
3
), which advances
U.S. competitiveness by commercial demonstration of energy efficient and clean
production manufacturing and industrial technologies in industry. Proposals
are hereby solicited by TNRCC and SECO for submission to DOE for cost- shared
financial assistance to state and industry partnerships for projects which
will yield new processes and/or equipment which can significantly reduce generation
of high volume waste in industry and conserve energy and energy intensive
feedstocks. The projects intend to provide U.S. consumers with high-quality,
lower-cost goods and to overcome barriers that inhibit adoption of energy
efficiency and cleaner production techniques in industry and state. This goal
is accomplished by: funding the first commercial demonstration of an innovative
manufacturing or industrial process, reporting successful test results of
those demonstrations, conducting an industrial scale commercial demonstration
to determine energy, environment, and economic impacts, and commercializing
the technologies/processes throughout applicable industries.
Qualified proposals will be submitted to DOE by the TNRCC and SECO. If
successful, industry/state awardees receive a one-time grant of up to $525,000
for the proposed project from DOE, with the industry partner receiving a maximum
award of $500,000. Grants fund up to 50% of the total project cost for up
to three years.
ELIGIBILITY CRITERIA
Industrial firms in conjunction with state agencies throughout the U.S.
are eligible to apply to the NICE
3
grant program.
Proposals are accepted for a variety of industrial applications that promote
clean production and energy efficiency. Selection criteria will include how
much the awards' funding will contribute to the project's feasibility and
effectiveness. The proposals that meet the criteria identified by the DOE
and benefit Texas industry will be forwarded to the DOE for the final decision.
Emphasis will be placed on funding projects within the OIT focus industries:
Agriculture, Aluminum, Chemicals, Forest Products, Glass, Metalcasting, Mining,
Petroleum, and Steel.
The federal contribution of the NICE
3
award
must be cost-shared with nonfederal funds with at least 50% of the total project
cost. The use of federal funds for the 50% cost-match is prohibited. The following
categories are
ineligible
for funding: waste
disposal, remediation of sites, treatment or storage of wastes, cross-media
contamination shifts, anything nuclear, municipal solid waste collection or
separation, incineration for energy recovery, proof of concept research proposals,
waste-tire utilization, technologies that are currently in use in the U.S.
and abroad, and water recycling technologies without waste recovery and reuse.
APPLICATION FORMAT
The application shall consist of one volume in two parts: technical and
cost/administrative information, including a title page. There should also
be a detailed description of the demonstration project that addresses each
of the evaluation criteria: technology/process description, statement of work,
applicant capabilities, and commercialization/market potential. The application
should be limited to ten pages of text or supplemental material not including
the title page, industry letters of support, or required tables and forms.
Limit the application narrative to 8 by 11 inch pages of typed text (no smaller
than 12 point type, single spaced and no less than 1 inch margins). The narrative
of the application should be presented in as much detail as is practical and
necessary without exceeding the ten page limit. Excess pages will not be evaluated.
Additional application information including forms can be found at
Complete information on the NICE
3
program
can be found on the DOE website located at
http://www.oit.doe.gov/nice3
For information on the NICE
3
grant or to receive
an application package, contact the US DOE Golden Field Office directly at:
For all other follow up questions, contact the Texas Natural Resource Conservation
Commission at: Jeff Voorhis (512) 239-3178; FAX (512) 239-3165, jvoorhis@tnrcc.state.tx.us.
Please submit
five
copies of each project
proposal before 5:00 pm on July 23,1999 to the following address:
Texas Natural Resource Conservation Commission, Small Business and Environmental
Assistance Division, Attention Jeff Voorhis (MC-112), 12100 Park 35 Circle,
Building E, Austin, Texas, 78753
TRD-9903580
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: June 16, 1999
Correction of Error
The Texas State Board of Examiners of Psychologists proposed amendments
to 22 TAC §463.29, concerning reciprocity Agreements with Other Jurisdictions.
The rule was published in the May 28, 1999, Texas Register (24 TexReg 3986).
In paragraph (2) the words "of this title (relating to Persons with Criminal
Backgrounds" is proposed new language. The phrase should have been unlined
to designate it as new language.
Notice of Award of Major Consulting Services Contract
The Texas Department of Public Safety (DPS), in accordance with provisions
of Texas Government Code, Chapter 2254, announces the awarding of a consultant
contract to aid the agency in its business process reengineering initiative.
The solicitation for request for offer was published in the April 9, 1999,
The consultant contract was awarded to PricewaterhouseCoopers LLP, 12902
Federal Systems Park Drive, Fair Lakes, Virginia 22033.
The consultant contract begins on June 1, 1999, and will end August 31,
1999. The total value of the contract is $369,000.00.
The consultant is required to submit a Reengineering Plan to the Steering
Committee no later than August 31, 1999.
TRD-9903486
Dudley M. Thomas
Director
Texas Department of Public Safety
Filed: June 14, 1999
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
On June 8, 1999, Frontier Local Services, Inc., and Frontier Telemanagement,
Inc. filed an application with the Public Utility Commission of Texas (PUC)
to amend their service provider certificates of operating authority (SPCOAs)
granted in SPCOA Certificate Numbers 60148 and 60149. Applicant intends to
transfer their SPCOAs to Global Crossing, Ltd..
The Application: Application of Frontier Local Services, Inc., and Frontier
Telemanagement, Inc. for Amendments to their Service Provider Certificates
of Operating Authority, Docket Number 20858.
Persons with questions about this docket, or who wish to intervene or otherwise
participate in these proceedings should make appropriate filings or comments
to the commission at the Public Utility Commission of Texas, at P.O. Box 13326,
Austin, Texas 78711-3326 no later than June 30, 1999. You may contact the
PUC Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired
individuals with text telephone (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 20858.
TRD-9903378
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 9, 1999
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on June 11, 1999, for a service provider certificate
of operating authority (SPCOA), pursuant to §§54.154 - 54.159 of
the Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of 2nd Century Communications, Inc.
for a Service Provider Certificate of Operating Authority, Docket Number 20963
before the Public Utility Commission of Texas.
Applicant intends to provide facilities-based local exchange services,
and bundled local and interexchange voice services, integrated with data,
video and Internet services.
Applicant's requested SPCOA geographic area includes the entire state of
Texas currently served by Southwestern Bell Telephone Company and GTE Southwest,
Inc.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326,
or call the commission's Office of Customer Protection at (512) 936-7120 no
later than June 30, 1999. Hearing and speech-impaired individuals with text
telephone (TTY) may contact the commission at (512) 936-7136.
TRD-9903554
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 15, 1999
Notice is given to the public of an application filed with the Public Utility
Commission of Texas on June 8, 1999 to introduce new or modified rates or
terms pursuant to P.U.C. Substantive Rule §23.25, Procedures Applicable
to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs).
Tariff Title and Number: Southwestern Bell Telephone Company Notification
to Institute Promotional Rates for Business Customers in Texas Who Subscribe
to Call Transfer Disconnect Service Between July 1, 1999 and August 31, 1999
Pursuant to P.U.C. Substantive Rule §23.25. Tariff Control Number 20949.
The Application: Southwestern Bell Telephone Company (SWBT) has notified
the Public Utility Commission of Texas that it is instituting promotional
rates for business customers in Texas, who subscribe to Call Transfer Disconnect
service between July 1, 1999 and August 31, 1999. During the promotional period,
new business subscribers of Call Transfer Disconnect will receive a waiver
of the installation charge ($5.40) and a credit equal to one month of the
monthly recurring rate ($15.00). Eligible customers are those who do not already
subscribe to Call Transfer Disconnect. There are no retention requirements
associated with this offer.
Persons who wish to intervene in this proceeding should contact the Public
Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or call the commission's Office of Customer Protection at (512) 936-7120 by
June 30, 1999. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-9903447
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 10, 1999
Notice is given to the public of the intent to file with the Public Utility
Commission of Texas an application pursuant to P.U.C. Substantive Rule §23.27
for an addition to the existing PLEXAR-Custom service for Aldine ISD In Houston,
Texas.
Tariff Title and Number: Southwestern Bell Telephone Company Notice of
Intent to File an Application for an Addition to the Existing PLEXAR-Custom
Service for Aldine ISD in Houston, Texas Pursuant to P.U.C. Substantive Rule
§23.27. Tariff Control Number 20967.
The Application: Southwestern Bell Telephone Company is requesting approval
of its application for an addition to the existing PLEXAR-Custom service for
Aldine ISD in Houston, Texas. PLEXAR-Custom service is a central office-based
PBX-type serving arrangement designed to meet the specific needs of customers
who have communication system requirements of 75 or more station lines. The
designated exchange for this service is the Houston exchange, and the geographic
market for this specific PLEXAR-Custom service is the Houston LATA.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, by mail at PO Box 13326, Austin, Texas 78711-3326,
or call the commission's Office of Customer Protection at (512) 936-7120.
Hearing and speech-impaired individuals with text telephone (TTY) may contact
the commission at (512) 936-7136.
TRD-9903551
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 14, 1999
On June 10, 1999, PrimeCo Personal Communications, L.P. and Lufkin-Conroe
Telephone Exchange, Inc., collectively referred to as applicants, filed a
joint application for approval of an interconnection agreement under the federal
Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56,
(codified as amended in scattered sections of 15 and 47 United States Code)
(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated
§§11.001-63.063 (Vernon 1998) (PURA). The joint application has
been designated Docket Number 20957. The joint application and the underlying
interconnection agreement are available for public inspection at the commission's
offices in Austin, Texas.
The FTA authorizes the commission to review and approve any interconnection
agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2)
the commission may reject any agreement if it finds that the agreement discriminates
against a telecommunications carrier not a party to the agreement, or that
implementation of the agreement, or any portion thereof, is not consistent
with the public interest, convenience, and necessity. Additionally, under
FTA §252(e)(3), the commission may establish or enforce other requirements
of state law in its review of the agreement, including requiring compliance
with intrastate telecommunications service quality standards or requirements.
The commission must act to approve the agreement within 90 days after it is
submitted by the parties. The parties have requested expedited review of this
application.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing 13 copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 20957. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by July 7, 1999,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will determine whether to
conduct further proceedings concerning the joint application. The commission
shall have the authority given to a presiding officer pursuant to P.U.C. Procedural
Rule §22.202. The commission may identify issues raised by the joint
application and comments and establish a schedule for addressing those issues,
including the submission of evidence by the applicants, if necessary, and
briefing and oral argument. The commission may conduct a public hearing. Interested
persons who file comments are not entitled to participate as intervenors in
the public hearing.
Persons with questions about this docket or who wish to comment on the
application should contact the Public Utility Commission of Texas, 1701 North
Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the
Public Utility Commission Office of Customer Protection at (512) 936-7120.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136. All correspondence should refer to Docket
Number 20957.
TRD-9903526
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 14, 1999
On June 10, 1999, Covad Communications Company and GTE Southwest, Inc.,
collectively referred to as applicants, filed a joint application for approval
of an interconnection agreement under the federal Telecommunications Act of
1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998)
(PURA). The joint application has been designated Docket Number 20958. The
joint application and the underlying interconnection agreement are available
for public inspection at the commission's offices in Austin, Texas.
The FTA authorizes the commission to review and approve any interconnection
agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2)
the commission may reject any agreement if it finds that the agreement discriminates
against a telecommunications carrier not a party to the agreement, or that
implementation of the agreement, or any portion thereof, is not consistent
with the public interest, convenience, and necessity. Additionally, under
FTA §252(e)(3), the commission may establish or enforce other requirements
of state law in its review of the agreement, including requiring compliance
with intrastate telecommunications service quality standards or requirements.
The commission must act to approve the agreement within 90 days after it is
submitted by the parties. The parties have requested expedited review of this
application.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing 13 copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 20958. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by July 7, 1999,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will determine whether to
conduct further proceedings concerning the joint application. The commission
shall have the authority given to a presiding officer pursuant to P.U.C. Procedural
Rule §22.202. The commission may identify issues raised by the joint
application and comments and establish a schedule for addressing those issues,
including the submission of evidence by the applicants, if necessary, and
briefing and oral argument. The commission may conduct a public hearing. Interested
persons who file comments are not entitled to participate as intervenors in
the public hearing.
Persons with questions about this docket or who wish to comment on the
application should contact the Public Utility Commission of Texas, 1701 North
Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the
Public Utility Commission Office of Customer Protection at (512) 936-7120.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136. All correspondence should refer to Docket
Number 20958.
TRD-9903527
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 14, 1999
On June 10, 1999, Valence Communications Services, Ltd and GTE Southwest,
Inc., collectively referred to as applicants, filed a joint application for
approval of an adoption of an existing interconnection agreement under §252(i)
of the federal Telecommunications Act of 1996, Public Law Number 104-104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application
has been designated Docket Number 20959. The joint application and the underlying
interconnection agreement are available for public inspection at the commission's
offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing 13 copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 20959. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by July 7, 1999,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may
call the Public Utility Commission Office of Customer Protection at (512)
936-7120. Hearing and speech-impaired individuals with text telephones (TTY)
may contact the commission at (512) 936-7136. All correspondence should refer
to Docket Number 20959.
TRD-9903528
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 14, 1999
On June 10, 1999, Local Telcom Service, L.L.C. and GTE Southwest, Inc.,
collectively referred to as applicants, filed a joint application for approval
of an interconnection agreement under the federal Telecommunications Act of
1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998)
(PURA). The joint application has been designated Docket Number 20961. The
joint application and the underlying interconnection agreement are available
for public inspection at the commission's offices in Austin, Texas.
The FTA authorizes the commission to review and approve any interconnection
agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2)
the commission may reject any agreement if it finds that the agreement discriminates
against a telecommunications carrier not a party to the agreement, or that
implementation of the agreement, or any portion thereof, is not consistent
with the public interest, convenience, and necessity. Additionally, under
FTA §252(e)(3), the commission may establish or enforce other requirements
of state law in its review of the agreement, including requiring compliance
with intrastate telecommunications service quality standards or requirements.
The commission must act to approve the agreement within 90 days after it is
submitted by the parties. The parties have requested expedited review of this
application.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing 13 copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 20961. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by July 7, 1999,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will determine whether to
conduct further proceedings concerning the joint application. The commission
shall have the authority given to a presiding officer pursuant to P.U.C. Procedural
Rule §22.202. The commission may identify issues raised by the joint
application and comments and establish a schedule for addressing those issues,
including the submission of evidence by the applicants, if necessary, and
briefing and oral argument. The commission may conduct a public hearing. Interested
persons who file comments are not entitled to participate as intervenors in
the public hearing.
Persons with questions about this docket or who wish to comment on the
application should contact the Public Utility Commission of Texas, 1701 North
Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the
Public Utility Commission Office of Customer Protection at (512) 936-7120.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136. All correspondence should refer to Docket
Number 20961.
TRD-9903529
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 14, 1999
On June 14, 1999, Southwestern Bell Telephone Company and JTC Communications,
Inc. collectively referred to as applicants, filed a joint application for
approval of an interconnection agreement under the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063
(Vernon 1998) (PURA). The joint application has been designated Docket Number
20969. The joint application and the underlying interconnection agreement
are available for public inspection at the commission's offices in Austin,
Texas.
The FTA authorizes the commission to review and approve any interconnection
agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2)
the commission may reject any agreement if it finds that the agreement discriminates
against a telecommunications carrier not a party to the agreement, or that
implementation of the agreement, or any portion thereof, is not consistent
with the public interest, convenience, and necessity. Additionally, under
FTA §252(e)(3), the commission may establish or enforce other requirements
of state law in its review of the agreement, including requiring compliance
with intrastate telecommunications service quality standards or requirements.
The commission must act to approve the agreement within 90 days after it is
submitted by the parties. The parties have requested expedited review of this
application.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing 13 copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 20969. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by July 14, 1999,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will determine whether to
conduct further proceedings concerning the joint application. The commission
shall have the authority given to a presiding officer pursuant to P.U.C. Procedural
Rule §22.202. The commission may identify issues raised by the joint
application and comments and establish a schedule for addressing those issues,
including the submission of evidence by the applicants, if necessary, and
briefing and oral argument. The commission may conduct a public hearing. Interested
persons who file comments are not entitled to participate as intervenors in
the public hearing.
Persons with questions about this docket or who wish to comment on the
application should contact the Public Utility Commission of Texas, 1701 North
Congress Avenue, PO Box 13326, Austin, Texas 78711-3326. You may call the
Public Utility Commission Office of Customer Protection at (512) 936-7120.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136. All correspondence should refer to Docket
Number 20969.
TRD-9903572
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 15, 1999
The Public Utility Commission of Texas (commission) will hold a workshop
regarding the effect of competition in the telecommunications industry on
the provision of 9-1-1 service on Tuesday, July 20, 1999, at 10:00 a.m. in
the Commissioners Hearing Room, located on the 7th floor of the William B.
Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. This workshop
was originally scheduled for July 8, 1999. Because of scheduling conflicts
the July 8 workshop is cancelled and will now be held on July 20. Project
Number 19203, 9-1-1 Rulemakings, has been established for this proceeding.
The commission will use this workshop to discuss and analyze the effects of
competition in the telecommunications industry on the provision of 911 services
and whether the commission's rules need to be amended to account for competition.
Prior to the workshop, the commission requests interested persons to review
and be prepared to discuss the draft rule provided for discussion purposes
by the Advisory Commission on State Emergency Communications and certain emergency
communication districts. This draft rule is intended to advance the discussion
of the 9-1-1 issues under consideration in this project. At this time, the
commission expresses no opinion on the draft rule. A copy of this draft rule
has been filed and is available for review in Central Records under Project
Number 19203. The comments filed in response to the notice for the workshop
originally scheduled for July 8, 1999 will be considered in the workshop rescheduled
for July 20, 1999.
Questions concerning the workshop or this notice should be referred to
Thomas S. Hunter, Assistant General Counsel, Office of Regulatory Affairs,
(512) 936-7280. Hearing and speech- impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136.
TRD-9903570
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 15, 1999
The Public Utility Commission of Texas (commission) will initiate several
rulemakings as part of the House Bill 1777, 76th Legislature (1999), implementation
process. In Phase I of this process, the commission will develop methodologies
to collect and compile access line data to implement §283.005 and §283.055(h),
(j)-(l) of the bill. On Friday, July 9 and Friday, July 30, 1999, commission
staff will hold workshops to assist in gathering input to implement Phase
I and to develop access line categories as required by the bill. Both workshops
will begin at 9:30 a.m. and will be held in the Commissioners' Hearing Room
at the offices of the Public Utility Commission of Texas, 1701 North Congress
Avenue, Austin, Texas 78711.
On Friday, June 18, 1999, staff will file in the commission's Central Records
under Project Number 20935, a list of questions to be discussed at the workshop.
The questions will also be posted at the commission's web site: http://www.puc.state.tx.us.
Interested parties should file ten copies of responses to the questions in
Project Number 20935 by noon on Thursday, July 6, 1999. Staff requests that
parties also hand deliver two copies of responses to Diane Parker in the commission's
Office of Policy Development and Elango Rajagopal in the commission's Office
of Regulatory Affairs.
Parties may also submit draft rule language for staff consideration. Interested
parties must submit copies of proposed draft rule language no later than Wednesday,
July 14, 1999, under Project Number 20935.
If there are any questions, please contact Diane Parker at (512) 936-7204
or Elango Rajagopal at (512) 936-7392. Persons who plan to attend the workshops
must register with Sharon Chapman at (512) 936-7329, or Sharon.Chapman@puc.state.tx.us.
TRD-9903571
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 15, 1999
Correction of Errors
The Railroad Commission of Texas submitted the adoption of new 16 TAC §20.201
for publication in the June 11, 1999,
Texas Register
(24 TexReg 4361).
On page 4362, due to an error by the Texas Register, text was omitted from
the preamble. As filed by the Commission the preamble includes the phrase:
"Issued in Austin, Texas, on May 25, 1999" which indicates the date on which
the Commission signed the order adopting the rule.
Due to an error by the Texas Register, an old version of the form was published
with the adoption. The correct form as adopted and filed by the Commission
appears as follows.
[Figure]
[Figure]
Request for Proposals
Pursuant to Texas Government Code, Article 2254, Sul Ross State University,
a Member of the Texas State University System, announces the solicitation
for consultant services to advise and assist with the management and administration
of Upward Bound Grant.
Project Summary:
The Upward Bound Program,
coordinated by Sul Ross State University in Alpine, Texas, is vital to approximately
2,240 eligible youth in the area who attend some of the neediest high schools
in the nation. These students suffer from a cycle of poverty that is fed by
high unemployment, low educational achievement, and isolation. The SRSU Upward
Bound Program will motivate these low-income, potential first-generation college
students and help them develop the skills they need to complete secondary
education and succeed at the post secondary educational institution of their
choice. Upward Bound activities will provide these services: academic counseling
and assistance, career counseling and assistance, personal counseling and
referral, parental and community involvement and assistance, exposure to the
arts and cultural events, exposure to a university environment, mentoring
by university personnel, and a university enrichment program.
Responses should be sent to Dr. Nadine F. Jenkins, Vice President for Enrollment
Management and Student Services, Sul Ross State University, Highway 90 East,
Alpine, Texas 79832. A copy of the request for proposal is available upon
request from David C. Wilson, Purchasing Director, Sul Ross State University,
PO Box C-116, Alpine, Texas 79832, phone (915) 837-8045, fax (915) 837-8046.
Proposals should be delivered in a sealed envelope plainly marked: "Attention:
Upward Bound Project Director". Three copies of the responses are required
and are to be postmarked no later than September 1, 1999. They should address
in detail the various items set forth.
The Sul Ross State University Upward Bound Development Team and the University
Executive Committee will review the Consultants and their proposal. The University
reserves the right to reject any and all proposals received in response to
this request for proposals if it is determined to be in the best interest
of the University to do so. All material submitted in response to this request
becomes the property of the University and may be reviewed by other Consultants
on the request for proposals after the official review of the proposals.
TRD-9903578
David C. Wilson
Purchasing Director
Sul Ross State University
Filed: June 16, 1999
Requests for Information
The University of Houston System (UH System) requests information from
law firms interested in representing UH System and its component institutions
certain federal tax matters. This RFI is issued to establish (for the time
frame beginning September 1, 1999 to August 31, 2000) a referral list from
which UH System, by and through its Office of General Counsel, will select
appropriate counsel for representation on specific federal tax matters as
the need arises.
Description.
The UH System comprises four
universities-the University of Houston, University of Houston-Clear Lake,
University of Houston-Downtown, and University of Houston-Victoria-each supported
by legislative appropriations, tuition, fees, income from auxiliary enterprises,
grants, gifts, sponsored research and other sources of revenue, all of which
may be impacted by the Internal Revenue Code and Regulations of the Internal
Revenue Service. Subject to the approval of the Texas Attorney General, UH
System will engage outside counsel to provide legal counsel and advice to
the UH System on matters pertaining to federal income, estate, gift, employment,
and excise taxes. This legal counsel and advice will include, but not be limited
to, the following: dealings with the IRS in audits, IRS appeals, U.S. Tax
Court, and other tax matters; benefits issues such as those involving the
Optional Retirement Program, 403(b) and 457(a) and (f) plans. The legal counsel
will also advise and represent the System in matters relating to tax liens,
tax garnishments, tax levies, tax assessments, tax valuations, as well as
summonses, subpoenas, and discovery related to tax matters. Income Tax matters
will also include unrelated business income tax as it relates to universities;
and federal tax matters regarding compensation issues. The law firm must be
admitted to practice before the United States Tax Court. UH System invites
responses to this RFP from qualified firms for the provision of such legal
services under the direction and supervision of UH System's Office of the
General Counsel.
Responses.
Responses to this RFP should include
at least the following information: (1) a description of the firm's or attorney's
qualifications for performing the legal services, including the firm's prior
experience in federal tax-related matters including experience handling state
pension issues and plans available only to universities, the names and experience
of the attorneys who may be assigned to work on such matters, and the availability
of the lead attorney and others assigned to the project, and appropriate information
regarding efforts made by the firm to encourage and develop the participation
of minorities and women in the provision of legal services; (2) the submission
of fee information (either in the form of hourly rates for each attorney who
may be assigned to perform services in relation to UH System's federal tax-related
matters, comprehensive flat fees, or other fee arrangements directly related
to the achievement of specific goals and cost control(s) and billable expenses;
(3) a description of the procedures to be used by the firm to supervise the
provision of legal services in a timely and cost-effective manner; (4) disclosures
of conflicts of interest (identifying each and every matter in which the firm
has, within the past calendar year, represented any entity or individual with
an interest adverse to the UH System or to the State of Texas, or any of its
board, agencies, commissions, universities, or elected or appointed official(s);
and (5) confirmation of willingness to comply with policies, directives, and
guidelines of the UH System and the Attorney General of Texas.
The firm should have a place of business in Houston, Texas, or be willing
to either waive, or substantially limit, the expenses attributable to travel.
All travel expenses are to be borne by the law firm.
Format and Person to Contact.
Two copies
of the response are requested. The response should be typed, preferably double
spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and
either stapled or bound together. They should be sent by mail or delivered
in person, marked "Response to Request for Proposal: Tax Counsel," and addressed
to Dennis P. Duffy, General Counsel, Office of the General Counsel, The University
of Houston System, 4800 Calhoun Street, Suite 212, Houston, Texas 77204-2162;
fax: (713) 743-0948 (telephone (713) 743-0949 for questions).
Deadline for Submission of Responses.
All
responses must be received by the Office of General Counsel of the UH System
at the address set forth above no later than Noon on Friday, July 16, 1999.
TRD-9903588
Peggy Cervenka
Executive Administrator
University of Houston System
Filed: June 16, 1999
The University of Houston System (UH System) requests proposals from law
firms interested in representing UH System and its component institutions
in intellectual property matters. This RFP is issued to establish (for the
time frame beginning September 1, 1999 to August 31, 2000) a referral list
from which UH System, by and through its Office of General Counsel, will select
appropriate counsel for representation on specific intellectual property matters
as the need arises.
Description.
The UH System comprises four
universities-the University of Houston, University of Houston-Clear Lake,
University of Houston-Downtown, and University of Houston-Victoria-each with
a different mission, that together serve the diverse educational needs of
the Houston metropolitan area and the upper Gulf Coast region. Research activities
and other educational pursuits at each institution produce intellectual property
that is carefully evaluated for protection and licensing to commercial entities.
UH System will engage outside counsel to prepare, file, prosecute, and maintain
patent applications in the United States and other countries; secure copyright
protection for computer software; and to prepare, file and prosecute applications
to register trademarks and service marks in the United States and other countries.
UH System will also engage outside counsel from time to time to pursue litigation
against infringers of these intellectual property rights. UH System invites
responses to this RFI from qualified firms for the provision of such legal
services under the direction and supervision of UH System's Office of the
General Counsel.
Responses.
Responses to this RFP should include
at least the following information: (1) a description of the firm's or attorney's
qualifications for performing the legal services, including the firm's prior
experience in intellectual property-related matters; (2) the names, experience,
and technical expertise of each attorney who may be assigned to the work on
such matters, and the availability of the lead attorney and others assigned
to the project; (3) the submission of fee information (either in the form
of hourly rates for each attorney who may be assigned to perform services
in relation to UH System's bond matters, flat fees, or other fee arrangements
directly related to the achievement of specific goals and cost control(s)
and billable expenses; (4) disclosures of conflicts of interest (identifying
each and every matter in which the firm has, within the past calendar year,
represented any entity or individual with an interest adverse to the UH System
or to the State of Texas, or any of its board, agencies, commissions, universities,
or elected or appointed official(s); and (5) confirmation of willingness to
comply with policies, directives, and guidelines of the UH System and the
Attorney General of Texas.
Law firms responding to this proposal should have a place of business in
Houston, Texas, or be willing to either waive, or substantially limit, the
expenses attributable to travel. All travel expenses are to be borne by the
law firm.
Format and Person to Contact.
Two copies
of the response are requested. The response should be typed, preferably double
spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and
either stapled or bound together. They should be sent by mail or delivered
in person, marked "Response to Request for Proposal: Intellectual Property
Counsel Services," and addressed to Dennis P. Duffy, General Counsel, Office
of the General Counsel, The University of Houston System, 4800 Calhoun Street,
Suite 212, Houston, Texas 77204-2162 (telephone (713) 743-0949 for questions).
The submitted proposal must be executed by a duly authorized representative
of the proposer. All unsigned proposals will be rejected.
Deadline for Submission of Responses.
All
responses must be received by the Office of General Counsel of the UH System
at the address set forth above no later than Noon, Friday, July 23, 1999.
Proposal responses, modifications or addenda to an original response received
by the System after that specified time and date for responses will not be
considered.
TRD-9903586
Peggy Cervenka
Executive Administrator
University of Houston System
Filed: June 16, 1999
The University of Houston System (UH System) requests proposals from law
firms interested in representing UH System and its component institutions
in communications law matters. This RFP is issued to establish (for the time
frame beginning September 1, 1999 to August 31, 2000) a referral list from
which UH System, by and through its Office of General Counsel, will select
appropriate counsel for representation on specific telecommunication matters
as the need arises.
Description.
The UH System comprises four
universities-the University of Houston, University of Houston-Clear Lake,
University of Houston-Downtown, and University of Houston-Victoria-each with
a different mission, that together serve the diverse educational needs of
the Houston metropolitan area and the upper Gulf Coast region. KUHT-TV (Channel
8), Houston Public Television is licensed to the University of Houston System
Board of Regents. As a public service entity of the UH System, KUHT carries
on a variety of public broadcasting services. KUHT receives no appropriations
from the State of Texas; the state, by law, may not fund television broadcasting.
Funding for the station is obtained from a Community Service Grant from the
Corporation for Public Broadcasting, underwriting of programs and production
by businesses and foundations, and monies raised from the community through
memberships and special fund-raising events. The UH System provides transmission
facilities and support services for KUHT. KUHF 88.7 is a professional, listener-supported
100,000-watt radio station serving the Houston and the greater Gulf Coast
region with classical music and news 24 hours a day. Located at the University
of Houston and licensed to the Board of Regents of the UH System, KUHF receives
its financial support from corporate underwriting partnerships, individual
memberships and special fundraising events. A grant is also received from
the Corporation for Public Broadcasting. UH System will engage outside counsel
from time to time to provide legal counsel and advice to the UH System on
matters pertaining to Federal telecommunications law. This legal counsel and
advice will include, but not be limited to, the following: dealings with the
Federal Communications Commission, file and prosecuting applications before
the FCC, licensing renewal and maintenance, and general telecommunications
matters.
Responses.
Responses to this RFP should include
at least the following information: (1) a description of the firm's or attorney's
qualifications for performing the legal services, including the firm's prior
experience with the Federal Communications Commission and other agencies in
telecommunications; (2) the names, experience, and technical expertise of
each attorney who may be assigned to the work on such matters, and the availability
of the lead attorney and others assigned to the project; (3) the submission
of fee information (either in the form of hourly rates for each attorney who
may be assigned to perform services in relation to UH System's telecommunication
matters, flat fees, or other fee arrangements directly related to the achievement
of specific goals and cost control(s) and billable expenses; (4) disclosures
of conflicts of interest (identifying each and every matter in which the firm
has, within the past calendar year, represented any entity or individual with
an interest adverse to the UH System or to the State of Texas, or any of its
board, agencies, commissions, universities, or elected or appointed official(s);
and (5) confirmation of willingness to comply with policies, directives, and
guidelines of the UH System and the Attorney General of Texas.
Law firms responding to this proposal should have a place of business in
Houston, Texas, or be willing to either waive, or substantially limit, the
expenses attributable to travel. All travel expenses are to be borne by the
law firm.
Format and Person to Contact.
Two copies
of the response are requested. The response should be typed, preferably double
spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and
either stapled or bound together. They should be sent by mail or delivered
in person, marked "Response to Request for Proposal: Telecommunication Counsel
Services," and addressed to Dennis P. Duffy, General Counsel, Office of the
General Counsel, The University of Houston System, 4800 Calhoun Street, Suite
212, Houston, Texas 77204-2162 (telephone (713) 743-0949 for questions). The
submitted proposal must be executed by a duly authorized representative of
the proposer. All unsigned proposals will be rejected.
Deadline for Submission of Responses.
All
responses must be received by the Office of General Counsel of the UH System
at the address set forth above no later than Noon on Friday, July 16, 1999.
Proposal responses, modifications or addenda to an original response received
by the System after that specified time and date for responses will not be
considered.
TRD-9903587
Peggy Cervenka
Executive Administrator
University of Houston System
Filed: June 16, 1999
Extension of Closing Date for Request for Proposals for a Public Information and Education Strategic Plan for the Texas Commission on Volunteerism and Community Service
The Texas Workforce Commission (TWC), pursuant to the authority granted
in Labor Code §302.002 and Government Code Chapter 2308, announced a
Request for Proposals in the May 28, 1999, issue of the
Texas Register
(24 TexReg 4075). The notice solicited proposals for
the development of and assistance with implementation of a Strategic Plan
for Public Information and Education for the Texas Commission on Volunteerism
and Community Service (TxCVCS). The Strategic Plan for Public Information
and Education project (the Project) shall guide the provision of information
to the public of services, programs and events sponsored by TxCVCS and its
subordinate programs, as well as provide information regarding the benefits
of citizen involvement in community-based organizations working to solve local
social problems.
The proposal closing date of June 25, 1999, has been extended to July 9,
1999.
Proposers must submit an original and three copies of their proposal. Proposals
sent via U.S. Mail should be sent to Boone Fields, TxCVCS, P.O. Box 13385,
Austin, Texas 78711-3385. Proposals sent Airborne, Federal Express, other
non-U.S. Mail carriers or hand delivered should be sent to Robert Hickerson,
TxCVCS, Stephen F. Austin Building, 1700 North Congress, Suite 310, Austin,
Texas 78701. All proposals must be received by the TxCVCS no later than 5:00
p.m., Central Daylight Time, Friday, July 9, 1999. TxCVCS will accept no proposals
after this deadline.
The Primary Point of Contact at TxCVCS for this project is Mr. Boone Fields,
Staff Services Officer, (512) 463-1983.
TRD-9903614
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Filed: June 17, 1999
A. PROPOSAL DESCRIPTION
The Texas Workforce Commission (TWC) is soliciting proposals to purchase
Direct Child Care Delivery System services in Hidalgo and Willacy County.
It is the intent of the TWC to contract with a child care service provider
who is focused on improving the quality, availability and affordability of
child care in this service delivery area. The child care service goals are
to:
enable low-income parents with the financial rescues to find and afford
quality child care for their children;
enhance the quality and increase the supply of child care for all families;
provide parents with a broad range of options in addressing their child
care needs;
strengthen the role of the family;
improve the quality of and coordination among child care programs and early
childhood development programs; and
increase the availability of early childhood development and before and
after-school care services.
B. AUTHORIZATION TO AWARD CONTRACT
TWC is authorized to award contracts for child care services under the
Human Resources Code, the Labor Code, and as the Lead Agency for the Child
Care and Development Fund (CCDF).
C. AVAILABLE FUNDING
The total amount of available funding through this contract for State Fiscal
Year 2000 is approximately $1,918,304 for DCCDS operations and $14,100,908
for direct child care delivery services. Funding availability is contingent
upon legislative appropriation and TWC allocations.
D. ELIGIBLE APPLICANTS
Applicants submitting proposals to provide direct child care delivery services
must complete an RFP Package, meet the following criteria and provide required
documentation as requested in the application in order to be considered eligible.
The DCCDS contractor must be able to perform a variety of tasks, including
but not limited to the following:
Client services and case management;
Provider enrollment and management;
Funds and financial management;
Automated system maintenance and support; and
Coordination and collaboration with the Quality Improvement Activities
Coordinator.
E. PROJECT SCHEDULE
Application submission deadline is July 22, 1999. The contract is set
to begin on August 15, 1999 if a new contractor is selected; September 1,
1999, if the current contractor is selected. The contract is scheduled to
end August 31, 2000.
F. SCORING CRITERIA
The evaluation criteria for this RFP and their relative weights for scoring
are: Demonstrated Effectiveness of the bidder, 25 points; Quality of Proposal,
30 points; Cost Reasonableness, 20 points; Collaboration and Coordination,
15 points, and Financial Integrity/Cash Flow, 10 points, for a maximum of
100 points.
G. SELECTION, NOTIFICATION AND NEGOTIATION PROCESS
The Commission will use competitive negotiation for the procurement. Proposals
will be evaluated by TWC and possible outside entities. TWC anticipates completing
the selection process and notifying applicants of the application status the
week of July 23, 1999. TWC will score proposals received and determine those
within the competitive range. If one proposal is clearly superior, then the
award will be made to that offeror. If two or more proposals are rated similarly,
TWC may use negotiation to obtain amended proposals upon which to base a final
award.
H. PAYMENT
The basis of payment for this award shall be reimbursement of actual allowable
cost up to budgeted levels and subject to budget limitations.
I. TWC'S CONTACT PERSON
For further information and to order an Application Packet, contact the
primary TWC contact person. The primary contact person for this RFP is Elwood
Engebretson, Program Specialist, Texas Workforce Commission, Room 342T, 101
East 15th Street, Austin, Texas 78778-0001, (512) 936-4874, fax (512) 936-3420,
e-mail address elwood.engebretson@twc.state.tx.us
TRD-9903568
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Filed: June 15, 1999
A. PROPOSAL DESCRIPTION
The Texas Workforce Commission (TWC) is soliciting proposals to provide
JTPA Title III services for workers dislocated from trade-related layoffs
and unemployed farm workers in the Hidalgo/Willacy Local Workforce Development
Area (LWDA). This program will have two separate components, through which
contractors will provide (1) Project Management and Administrative Services
and (2) Vocational Training Services for these targeted populations.
(1) Project Management and Administrative Services shall entail at the
minimum:
Outreach and Orientation Sessions
Eligibility Determination
Vocational Assessment
Job Search Assistance
Intensive Case Management/Vocational Counseling Services
Job Development/Job Placement services
Referral to Training
Management of Participant Supportive Services
Relocation and Out of Area Job Search Assistance
Development of Individual Job Training Plans
(2) Vocational Training Services
Vocational Retraining services shall entail at the minimum:
Basic and Remedial Education
Computer Literacy
Intensive work-based English instruction
Pre-GED/GED Instruction in either English or Spanish
Vocational Skills Training Integrated with Workplace English Training
Any resulting contract will be awarded through a competitive request for
proposals (RFP) process where more than one offeror may be considered to provide
services in Hidalgo and Willacy counties. This program is designed to provide
project management and administrative services as well as an integrated vocational
training program to serve a large population of unemployed farm workers and
workers who've lost their jobs due to trade-related layoffs.
Offerors may submit proposals for one or both components of the program
listed in this RFP. Further, relative to the Vocational Training Services
component, offerors may submit proposals for one or all of the training services
listed.
B. AUTHORIZATION OF FUNDING
The funds are authorized under Section 302, Job Training Partnership Act,
and are subject to the federal regulations at 20 CFR, Part 631, Subparts D
and E, and all applicable provisions of the TWC Financial Manual for Grants
and Contracts.
C. AVAILABLE FUNDING
The total amount of available funds shall be discussed at the bidders'
conference. The estimated maximum number of participants to be served through
this contract is 1164.
D. ELIGIBLE APPLICANTS
Applicants submitting proposals to provide Title III services must complete
an Application Packet, meet the following criteria and provide required documentation
as requested in the application to be considered eligible: (1)the offer must
have been submitted by the due date for proposals; (2)the offer must be complete
with required signatures; (3)the offer is for the requested services described
in the instructions; and (4) the offeror must have a thorough knowledge of
the elements required for an adult learner to be successful in completing
vocational training. TWC will exclude from further consideration for contract
award any non-responsive offer or portion of an offer and will notify the
offeror by certified mail of the decision.
E. PROJECT SCHEDULE
Application submission deadline is July 19, 1999. The project is set to
begin on August 1, 1999, and end June 30, 2000.
F. SCORING CRITERIA
The evaluation criteria for this RFP are individualized for Vocational
Training Services and Project Management and Administrative Services.
Weights for scoring Project Management and Administrative Services are:
Appropriateness of vocational and basic skill assessment instrument for target
population, 15; Integration of assessment results with vocational counseling,
10; Demonstrated Performance relative to assessment of groups of workers with
similar characteristics to target group, 5; Comprehensiveness of case management
component, 5; Employer-driven job search/job development component, 15; Integration
of job search/job development component with case management component, 10;
Demonstrated Performance relative to job placement of groups of workers with
similar characteristics to target group, 20; Experience of principal staff
in managing programs of similar nature, 10; and Overall design of Project
Management and Administrative services component, 10.
Weights for Vocational Training services are: Integration of vocational
skills training with English that relates to an occupation, 20; Type of occupational
skills training targeted, 10; Measurement of participant progress in classroom
training, 10; Demonstrated success in placement of participants with characteristics
similar to those of the target groups in unsubsidized employment, 20; Evidence
that vocational training is employer driven and in a demand occupation, 20;
Design of basic skills training based on a workplace English or bilingual
approach, 10; and Demonstrated experience of key staff, 10.
G. SELECTION, NOTIFICATION AND NEGOTIATION PROCESS
Proposals will be graded by the Texas Workforce Commission. Grading criteria
will be included in the application packet. Negotiations will take place immediately
after selection. A person designated and authorized by the selected applicant
organization to make budget and/or programmatic decisions must be readily
available to respond to requested revisions between July 26 and 30, 1999.
Negotiations will be conducted by TWC as scheduled. A representative of
a selected offeror must be available to attend contract negotiations as scheduled
by TWC. TWC reserves the right to vary all provisions of this RFP prior to
the execution of a contract and to execute amendments to contracts when TWC
deems such variances and/or amendments are in the best interest of the State
of Texas.
H. PAYMENT
Payment for Project Management and Administrative Services performed shall
be billed on a cost reimbursement basis. Payment for Vocational Training Services
performed may be billed on a cost reimbursement basis or on a tuition-based,
individual referral basis.
I. TWC'S OBLIGATIONS
TWC's obligations under this RFP are contingent upon the actual receipt
by the Agency of Funds from the US Department of Labor. If adequate funds
are not available to make payment under the terms of this contract, TWC shall
terminate this RFP or resulting contract and will have no liability for payments
for any expenditures related to this RFP or a resulting contract. Information
on the date and time of the Bidder's Conference will be available by contacting
the contact person identified herein, and in the Application Packet. For further
information and to order an Application Packet, contact the TWC primary contact
person for this RFP: Allison Thomas, Program Specialist, Texas Workforce Commission,
Room 342-T, 101 East 15th Street, Austin, Texas 78778-0001, telephone: (512)
936-3555, fax: (512) 936-3420, email: allison.thomas@twc.state.tx.us.
TRD-9903592
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Filed: June 16, 1999
A. PROPOSAL DESCRIPTION
The Texas Workforce Commission (Commission) is soliciting proposals to
provide Quality Initiative Activities (QIA) in Hidalgo and Willacy counties.
It is the intent of the TWC to contract with an eligible entity who is focused
on improving the quality of child care services in Hidalgo and Willacy counties
through Child Care Training (CCT) and Early Childhood Development Resources
(ECDR).
Child Care Training: The purpose of the Child Care Training component
is to provide high quality training to those people who work with young children
in licensed child care facilities, licensed group day homes, registered family
homes, and self-arranged child care providers. Objectives include:
Improving the quality of child care offered throughout the workforce development
area (WDA) by providing high quality child care training opportunities that
will increase the skill levels of child care professionals;
Identifying, collaborating, and coordinating with other community-based
training resources to avoid duplication of training;
Offering training based on the needs of all eligible participants throughout
the WDA;
Offering a variety of training options including different levels of training
throughout the WDA;
Ensuring that all eligible child care staff are informed of training opportunities;
Ensuring that trainers understand and are experienced and effective in
meeting training needs of adults, and
Evaluating the training offered to improve the effectiveness of training
throughout the WDA.
Early Childhood Development Resources. The purpose of the Early Childhood
Development Resources component is to provide an opportunity for child care
providers to access developmentally appropriate materials and equipment and
to provide technical assistance for the selection and use of these developmentally
appropriate materials and equipment. Objectives include:
Ensuring that equipment purchased meets the need of the child;
Improving quality of care;
Coordinating resources in order to avoid duplication of the service; and
Ensuring that all child care providers have access to ECDR resources.
B. AUTHORIZATION TO AWARD CONTRACT
TWC is authorized to award contracts for child care training and early
childhood development resource services under the Labor Code, Chapter 302,
and shall be subject to the provisions of the Human Resources Code, Chapters
31 and 44, the federal regulations at 45 CFR Parts 98 and 99, and the state
rules at 40 TAC Chapter 809, and the TWC Financial Manual for Grants and Contracts,
specifically Module 2 relating to the Child Care and Development program.
C. AVAILABLE FUNDING
Total amount of funds available under this RFP is approximately $107,984.
Contracts for services will be effective September 1, 1999 through August
31, 2000. Funding may be requested in any amount up to the maximum available.
TWC contemplates making one or more awards under this RFP in order to utilize
available funds to the greatest extent. Contracts may be renewed, 12 months
at a time, for up to 36 months after that (September 1, 2000 through August
31, 2003), contingent upon satisfactory performance and Board approval.
D. ELIGIBLE APPLICANTS
To be considered eligible to provide Quality Initiative Activities services,
applicants submitting proposals must complete an Application Packet, provide
the required documentation as requested in the packet, and meet the following
criteria: (1) the offer must have been submitted by the due date for proposals;
(2) the offer must be complete with the required signatures; (3) the offer
must be for the requested services described in the instructions; (4) the
funding requested is not more than the maximum amount; (5) the offeror must
agree to provide the services in collaboration with the communities and the
community professionals and/or agencies within the WDA to ensure child care
training needs are met and to ensure non-duplication of services. TWC will
exclude from further consideration for contract award any non-responsive offer
or portion of an offer. TWC will notify the offeror by certified mail of the
decision.
E. PROJECT SCHEDULE
Application submission deadline is July 22, 1999,
Notification of Award begins July 29, 1999,
Contract start date is September 1, 1999, and
Project end date is August 31, 2000.
F. SCORING CRITERIA
The evaluation criteria and relative weight for this RFP are: Quality of
Program Design, 25 points; Demonstrated Effectiveness, 25 points; Cost, 25
points; Collaboration and Coordination, 15 points; Financial Integrity/Cash
Flow, 10 points, for a maximum of 100 points.
G. SELECTION, NOTIFICATION AND NEGOTIATION PROCESS
The Commission will use competitive negotiation for the procurement. Proposals
will be evaluated by TWC and possible outside entities. Evaluation criteria
will be described in the RFP packet. TWC anticipates completing the selection
process and notifying applicants of the application status the week of July
23, 1999. TWC will score proposals received and determine those within the
competitive range. If one proposal is clearly superior, then the award will
be made to that offeror. If two or more proposals are rated similarly, TWC
may use negotiation to obtain amended proposals upon which to base a final
award.
H. PAYMENT
The basis of payment for this award shall be reimbursement of actual allowable
cost up to budgeted levels and subject to budget limitations.
I. TWC'S CONTACT PERSON
For further information and to order an Application Packet, contact the
primary TWC contact person. The primary contact person for this RFP is Lucinda
Anderson, Program Specialist, Texas Workforce Commission, Room 342T, 101 East
15th Street, Austin, TX 78778-0001, (512) 936-3789, fax (512) 936-3420, e-mail
address lucinda.anderson@twc.state.tx.us
TRD-9903567
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Filed: June 15, 1999
Office of the Attorney General
Texas Water Code and Texas Health and Safety Code Enforcement Settlement Notice
Coastal Coordination Council
Comptroller of Public Accounts
Notice of Request for Proposals
Office of Consumer Credit Commissioner
Texas Credit Union Department
Applications to Amend Articles of Incorporation
Applications to Expand Field of Membership
Notice of Final Action Taken
Deep East Texas Workforce Development Board
Texas Education Agency
Request for Statement of Interest Concerning Innovative Educational Technology Pilots
General Services Commission
Texas Department of Health
Texas Health and Human Services Commission
Heart of Texas Council of Governments
Texas Department of Insurance
Texas Lottery Commission
Texas Department of Mental Health and Mental Retardation
Texas Natural Resource Conservation Commission
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Opportunity to Comment on Shutdown Orders of Administrative Enforcement Actions
Proposal for Decision
Request for Proposals
Texas State Board of Examiners of Psychologists
Texas Department of Public Safety
Public Utility Commission of Texas
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application to Introduce New or Modified Rates or Terms Pursuant to P.U.C. Substantive Rule §23.25
Notice of Intent to File Pursuant to P.U.C. Substantive Rule §23.27
Public Notices of Interconnection Agreement
Public Notice of Rescheduled Workshop on 9-1-1 Issues
Public Notice of Workshop for Implementation of House Bill 1777
Railroad Commission of Texas
Sul Ross State University
University of Houston System
Requests for Proposals
Texas Workforce Commission
Request for Proposals Child Care for Hidalgo/Willacy Service Delivery Area
Request for Proposals JTPA Title III Dislocated Worker Services
Request for Proposals Quality Initiatives for Hidalgo/Willacy Service Delivery Area