TITLE in-addition

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


Office of the Attorney General

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.


Texas Water Code and Texas Health and Safety Code Enforcement Settlement Notice

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


Coastal Coordination Council

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


Comptroller of Public Accounts

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

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


Office of Consumer Credit Commissioner

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


Texas Credit Union Department

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


Applications to Amend Articles of Incorporation

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


Applications to Expand Field of Membership

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


Notice of Final Action Taken

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 Texas Register issue dated March 26, 1999 (24 TexReg 2524)

Red Arrow-American Credit Union and St. Joseph's Credit Union--See Texas Register issue dated April 30, 1999 (24 TexReg 3369)

TRD-9903597

Harold E. Feeney

Commissioner

Texas Credit Union Department

Filed: June 16, 1999


Deep East Texas Workforce Development Board

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


Texas Education Agency

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


Request for Statement of Interest Concerning Innovative Educational Technology Pilots

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


General Services Commission

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


Texas Department of Health

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


Texas Health and Human Services Commission

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


Heart of Texas Council of Governments

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


Texas Department of Insurance

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


Texas Lottery Commission

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


Texas Department of Mental Health and Mental Retardation

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


Texas Natural Resource Conservation Commission

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


Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

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 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 Default Orders and/or the comment procedure at the listed phone numbers; however, comments on the Default Orders should be submitted to the TNRCC in writing .

(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


Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

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


Notice of Opportunity to Comment on Shutdown Orders of Administrative Enforcement Actions

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


Proposal for Decision

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


Request for Proposals

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. If the application does not follow the established format and the reviewers are unable to find the pertinent information, it may result in a lower evaluation.

Additional application information including forms can be found at http://www.eren.gov/golden/solicitations.html. Only proposals which provide the information specified in the DOE solicitation will be considered for submission to DOE.

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: Eric Hass (303) 275-4728; Roxanne Danz (303) 275-4706; FAX (303) 275-4788 or (303) 275-4790.

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


Texas State Board of Examiners of Psychologists

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.


Texas Department of Public Safety

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, Texas Register , (24 TexReg 2981).

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


Public Utility Commission of Texas

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 of Application for Service Provider Certificate of Operating Authority

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 of Application to Introduce New or Modified Rates or Terms Pursuant to P.U.C. Substantive Rule §23.25

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 of Intent to File Pursuant to P.U.C. Substantive Rule §23.27

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


Public Notices of Interconnection Agreement

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


Public Notice of Rescheduled Workshop on 9-1-1 Issues

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


Public Notice of Workshop for Implementation of House Bill 1777

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


Railroad Commission of Texas

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.

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Sul Ross State University

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


University of Houston System

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


Requests for Proposals

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


Texas Workforce Commission

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


Request for Proposals Child Care for Hidalgo/Willacy Service Delivery Area

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


Request for Proposals JTPA Title III Dislocated Worker Services

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


Request for Proposals Quality Initiatives for Hidalgo/Willacy Service Delivery Area

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