31 TAC §§61.21, 61.24 - 61.26
The Texas Parks and Wildlife Commission adopts amendments
to 31 TAC §61.21 and §61.24, new §61.25, and new §61.26,
concerning contracts for public works, without changes to the proposed text
as published in the October 15, 1999, issue of the
Texas Register
(24 TexReg 8916).
The amendments and new sections are necessary to provide a mechanism for
the agency to enter into contracts when circumstances make sealed bidding
impractical.
The amendment to §61.21, concerning General, adds a new subsection
(c) to allow the executive director to solicit proposals for public works
projects by means of a Request for Proposal (RFP) process. The amendment to §61.24,
concerning Award, alters the title of the section to reflect the fact that
the rule pertains to sealed bids rather than the RFP process. New §61.25,
concerning Solicitation, Evaluation, and Selection of Proposals, sets forth
the protocol for the issuance of an RFP, the evaluation of proposals received
in response to an RFP, and the selection of proposals for award. New §61.26,
concerning Award in Response to Proposals, specifies the conditions for contract
awards in response to an RFP, and provides for the termination of negotiations
with proposers under certain circumstances.
The department received no comments concerning adoption of the proposed
amendments and new sections.
The amendments and new sections are adopted under Parks and Wildlife
Code, Chapter 11, Subchapter B, which requires the commission to adopt policies
and procedures consistent with applicable state procurement practices for
soliciting and awarding contracts.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 23, 2000.
TRD-200002108
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: April 12, 2000
Proposal publication date: November 15, 1999
For further information, please call: (512) 389-4775