1 TAC §§123.23-123.33
The new sections are proposed under the Government Code, Title
10, Subtitle D, Chapter 2166, §2166.062, which provides the General Services
Commission with the authority to promulgate rules consistent with the code.
The following code is affected by the new sections: Government Code, Title
10, Subtitle D, Chapter 2166.
§123.23.General Project Responsibility.
(a)
The GSC is responsible for the administration of project
analyses and construction projects for all state agencies except as otherwise
provided in Texas Government Code, §2166.003 and §2166.004, and
other statutes.
(b)
The GSC will act as the owner for the benefit of the using
agency and shall provide timely and complete information to the using agency
for any pending project for which it is responsible.
(c)
The GSC shall act in the best interests of the State of
Texas in administering project contracts for which it is responsible.
(d)
Each construction project administered by the GSC shall
bear the cost of services rendered thereon. At the start of a construction
project, an estimate of the cost of services provided by the GSC will be provided
to the using agency. This estimate may be changed by agreement of the GSC
and the using agency.
(e)
The cost of services shall be transferred to GSC upon approval
of the total project cost by the using agency. GSC shall use the fees collected
to pay for the expenses of performing its services. The executive director
is authorized to vary from this schedule based on individual project requirements.
Figure: 1 TAC §123.23(e)
§123.24.Project Analysis Process.
(a)
The using agency is responsible for initiating a project
analysis. The using agency shall initiate a project analysis by submitting
to the FCSMD a request that a project analysis of a proposed project be prepared.
Standard request forms are provided by the FCSMD.
(b)
Requests for project analyses shall be made no later than
January 1 of even-numbered years in order to ensure completion in time for
submission with an using agency's budget prior to the regular session of the
legislature.
(c)
Project analyses may be prepared by the FCSMD staff or
by a private design professional selected in accordance with §123.27
of this chapter (relating to the Selection of Design Professionals for Professional
Services), particularly §123.27(g), pertaining to use of indefinite quantity
contracts for Design Professionals.
(d)
A using agency shall provide the GSC with the following
information for inclusion in each project analysis:
(1)
justification for project in a brief and specific form;
(2)
an estimate of annual cost of maintenance including
utilities;
(3)
an estimate of the annual cost of operating facility,
including staffing;
(4)
feasibility of construction of project in stages,
if requested by the GSC;
(5)
if three or more project analyses are requested, the
using agency must indicate its priority among the proposed projects;
(6)
an estimate of the cost of equipping and furnishing
a completed facility; and
(7)
the program outlining the purpose and scope of the
project including space requirements.
(e)
Each project analysis prepared by the FCSMD will include
an estimate of all costs to be incurred directly or indirectly by GSC to accomplish
a project. This estimate will also include funds necessary to reimburse the
planning fund from which the costs to prepare the project analysis are paid.
(f)
Upon completion of a project analysis and before submission
with the agency's budget, the using agency must certify in writing that the
project analysis fulfills its needs for the project.
(g)
Upon the using agency's acceptance of the project analysis,
the FCSMD or the using agency will distribute copies of the project analysis
with the agencies' budget.
(h)
The using agency is responsible for preparation of budget
requests to the legislature based on the project analysis.
(i)
All design professional fees paid on a project analysis
are deducted from the design professional fees paid on a subsequent construction
project, provided:
(1)
the design professional on the construction project is
the same firm that prepared the project analysis; and
(2)
the construction project is in accordance with that
proposed in the project analysis. Should a construction project vary substantially
from the project analysis, the amount of prior project analysis fee deducted
from the construction project fee will be prorated in accordance with the
amount of change to the project, as mutually agreed upon by the using agency,
the design professional and the GSC.
§123.25.Construction Project Process.
(a)
Initiation of a construction project.
(1)
The using agency is responsible for initiating a construction
project. The using agency may commence the process by submitting a request
to initiate work on the project. Request forms are provided by the FCSMD.
The using agency must identify the source and amount of funds to be applied
to the project. If the funds for the project are not directly appropriated
to the GSC, the using agency must execute an interagency agreement with the
GSC, which will govern the payment of all services and contracts necessary
to accomplish the project.
(2)
Projects must be initiated on or before January 1
of even-numbered years for a contract award to be made within the fiscal year
for which appropriated project funds are available. Based upon the size and
complexity of a given project, the FCSMD may determine an appropriate schedule
to ensure properly prepared bidding documents, bids, and awards.
(3)
If requested by the using agency and acceptable to
the GSC, professional design services on new construction and renovations
may be performed by the FCSMD.
(4)
Selection of a private firm to provide design services
on a project will be in accordance with §123.27 of this chapter (relating
to Selection of Design Professionals for Construction Projects).
(5)
If a construction project is supported by a project
analysis, the analysis shall be the project program unless the using agency
advises that unavoidable changes in project conditions has forced a modification
in the analyzed concept.
(6)
If a construction project is not supported by a project
analysis, the using agency must cooperate with the FCSMD and the design professional
to provide necessary data with which to prepare a project program.
(b)
Provisions for using agency funded projects.
(1)
The FCSMD Director shall designate a project manager to
administer all contracts necessary to accomplish the project for construction
projects in which the using agency maintains the appropriated funds. A using
agency shall appoint a single employee to serve as a contact between the FCSMD
and the using agency for all decision-making related to the project when construction
project funds are not directly appropriated to the GSC.
(2)
During project development, the using agency shall
review and approve each phase of design before the next phase is started,
including schematic design, design development, and finished construction
drawings and specifications.
(3)
After the using agency's approval of complete construction
drawings and specifications, the FCSMD shall have the authority to proceed
with solicitation of bids and award of contracts.
(4)
Should the project budget not provide a basis for
recommending a contract award, the FCSMD will confer with the using agency
to determine whether the scope of the project can be reduced to bring it within
the budget.
(5)
Upon receipt of a formal concurrence from the using
agency with the FCSMD recommendation and/or acceptable alternate recommendation,
the commission will award a contract and FCSMD will proceed with administering
the construction project.
(6)
During the construction contract, the FCSMD will recommend
all payments to the using agency for final approval and processing. Responsibility
for compliance with Texas Government Code, Title 10, Subtitle F, Chapter 2251
(relating to the Payment for Goods and Services), rests with the using agency.
(7)
During tenure of the construction contract, any changes
in the scope of the work shall be approved by the using agency before being
made a part of the construction contract by the FCSMD.
(8)
Upon completion of construction, a representative
of the using agency may attend the owner's final inspection called and conducted
by the FCSMD.
(9)
Upon completion of a construction project, the FCSMD
will establish the warranty date in compliance with contract documents and
release the project to the using agency for occupancy and use. The using agency
then assumes responsibility for use and maintenance of the facility.
(10)
During the warranty period on a construction project,
the FCSMD is responsible for ensuring that the contractor meets the terms
of such warranties.
(c)
Provisions for GSC funded projects.
(1)
For construction projects supported by a direct appropriation
to the GSC, the FCSMD director shall designate a project manager to administer
all contracts necessary to accomplish the project. The project manager shall
inform the using agency of the status of the project. The using agency shall
not interfere with the progress of a GSC funded project.
(2)
The GSC shall exercise final decision-making authority
over the following steps in the construction project development and implementation
process:
(A)
During project development, the FCSMD staff shall review
and approve each design phase before next phase is started, including schematic
design, design development, and finished construction drawings and specifications.
(B)
The FCSMD shall issue solicitations for bids and prepare
awards for construction contracts, subject to commission approval.
(C)
If bid amounts exceed the budget, the GSC shall determine
whether the scope of the project can be reduced to bring the project within
the budget.
(D)
The FCSMD shall administer the project construction contract.
(E)
During tenure of the construction contract, the FCSMD will
make all payments, after review and recommendation by the project manager
and the design professional.
(F)
During tenure of the construction contract, any changes
in the scope of the work shall be approved by the GSC.
(G)
Upon completion of construction, the FCSMD shall conduct
a final inspection.
(H)
Upon completion of a construction project, the FCSMD will
establish the warranty date in compliance with contract documents and release
the project to the using agency for occupancy and use. The using agency then
assumes responsibility for use and maintenance of the facility.
(I)
During the warranty period on a construction project, the
FCSMD is responsible for ensuring that the contractor meets the terms of such
warranties.
§123.26.Exclusions from Commission Authority.
(a)
Pursuant to the Texas Government Code, §§2166.003(a)(6)
and (7), 2166.004 and 2166.063, certain types of repair and rehabilitation
projects are not subject to GSC construction administration, or are otherwise
excluded from GSC's jurisdiction.
(b)
Applications for a determination that a project is excluded
shall be provided to the FCSMD in writing on or before June 1 of each fiscal
year. Each application must provide the facts, budget information and method
of construction intended by the using agency.
(c)
FCSMD shall only approve exclusion applications which demonstrate
compliance with the applicable exclusion provisions of the Texas Government
Code, as referenced in subsection (a) of this section. The decision of the
FCSMD Director regarding an exclusion application is final.
§123.27.Selection of Design Professionals for Construction Projects.
(a)
Qualification of Design Professionals.
(1)
On or before May 1 of odd-numbered years, the FCSMD shall
advertise in the Texas Register, the GSC web site, the Texas Marketplace and
such other media generally available to the public, for all interested design
professionals to register with the GSC for the following biennium.
(2)
Registration with the GSC will be accomplished by
filling out a questionnaire, either in writing or electronically, and submitting
it on or before July 1 of odd numbered years.
(b)
Selection process for non-small construction project design
professionals.
(1)
Selection of design professionals for prime design (non-small
construction projects) assignments shall be in accordance with Texas Government
Code, §§2166.202-2166.204, and this section.
(2)
The steps in the selection process are as follows,
unless an emergency exists under subsection (d) of this section:
(A)
A preliminary technical review committee will be formed
consisting of at least three commission staff architects or engineers who
are knowledgeable about the nature, scope, and location of the project.
(i)
The preliminary technical review committee will use the
criteria from the project description to formulate a list of design professionals
to invite for interviews. Such criteria may include, but are not necessarily
limited to:
(I)
project type, size and complexity;
(II)
the ability and capability of the design professional
for timeliness, skill, creative ability, technical and professional knowledge;
(III)
the history of previous work on comparable construction
projects;
(IV)
the current professional service work load and capability
of the design professional to perform the work in the required time frame;
(V)
experience with control of budget and schedule;
(VI)
the registration status of persons engaged in the practice
of professional architectural or engineering services;
(VII)
and qualifications of the design professional team, including
subconsultants and HUBs.
(ii)
The list will be derived from the qualified design professionals
with a current GSC registration, or those who respond to advertisements per
subsection (a)(1) of this section, or postings on the Texas Marketplace as
applicable.
(iii)
The GSC shall determine the number of firms to be interviewed
for any project, or combination of projects. The GSC may, at its discretion,
interview for similar projects from a single list of firms. The number of
firms listed shall vary, based on the project type, size, complexity and number
of similar projects being awarded from the list.
(iv)
The GSC goal is for 50% of the listed firms to be certified
HUBs. When circumstances do not permit achievement of this goal, documentation
concerning the goal shall be made part of the selection file.
(B)
The listed firms shall be notified of the opportunity to
interview at least 30 days in advance of scheduled interviews. Those firms
interested in an interview shall be responsible to schedule an interview time
and date as directed in the notification. Firms failing to schedule interviews
as directed shall be rejected from further consideration for the proposed
assignments(s). At the interview, each firm will have the opportunity to present
information about specific project experience and other qualifications.
(C)
The preliminary technical review committee shall evaluate
each interviewed firm according to the criteria developed in accordance with
subparagraph (A)(i) of this paragraph. All design professionals that meet
or exceed technical qualifications shall be referred to the executive selection
committee, described in subparagraph (D) of this paragraph. The preliminary
technical review committee shall report its conclusions about all interviewed
firms to the executive selection committee.
(D)
The executive selection committee shall consist of the
executive director, a member of the preliminary technical review committee,
and a representative from executive administration. The executive selection
committee will consider the design professionals referred to it and take into
consideration the commitment to HUB participation, including the number of
HUBs the design professional proposes to use; work load and capacity; cooperation
with the GSC on prior work, volume of work previously awarded to the design
professional by the GSC. In the interest of giving as many eligible and qualified
firms as possible a fair chance to obtain GSC work, GSC may consider prior
work for the GSC as a basis for awarding to a different design professional.
In the case of identical scores for those design professionals scoring the
highest, additional qualifications of the firms will be scored until ties
are resolved.
(E)
For projects with an estimated construction cost equal
to or more than $2,000,000, the commission shall provide a prioritized list
of their selection from the ranked firms and the time frames allowed for negotiation
with each firm. The commission reserves the right to accept, modify or change
the recommendation received from the executive selection committee. In accordance
with the selections made by the commission, the Director of FCSMD shall conduct
negotiations with the first selected firm upon the terms and conditions as
may be established by the commission for the period of time allowed. In the
event a contract is not concluded within the period of time allowed, the director
shall cease negotiations with the first firm and commence negotiations with
the next firm, and repeat the process as necessary until one of two things
happens:
(i)
an agreement for services is reached, or
(ii)
the time for negotiations with the final selected firm
expires without an agreement, at which point the selection process concludes
and a new selection process commences.
(F)
For projects with an estimated construction cost of less
than $2,000,000, the executive selection committee shall select the design
professional for a project, subject to successful negotiation of a contract
for services. Negotiations shall be conducted by the director of FCSMD under
the direction of the executive selection committee. The Director of FCSMD
shall conduct negotiations with the first selected firm upon the terms and
conditions as may be established by the executive selection committee for
the period of time allowed. In the event, a contract is not concluded within
the period of time allowed, the director shall cease negotiations with the
first firm and commence negotiations with the next firm, and repeat the process
as necessary until one of two things happens:
(i)
an agreement for services is reached, or
(ii)
the executive selection committee determines the process
has failed to produce a contract, terminates the selection process and/or
directs the commencement of another selection process.
(G)
All design professionals participating in interviews will
be advised of the outcome of the selection process.
(c)
Selection process for small construction project design
professionals. The selection process is the same as set forth in subsection
(b) of this section, with the exception that the notice period for interviews
is 14 days.
(d)
Emergency Situations. A finding of an emergency situation
must be in writing and is subject to the approval of the executive director.
Subsections (b) and (c) of this section do not apply in the event of an emergency
situation that:
(1)
presents an imminent peril to the public health, safety
or welfare;
(2)
presents an imminent peril to property;
(3)
requires expeditious action to prevent a hazard to
life, health, safety, welfare or property; or
(4)
requires expeditious action to avoid undue additional
cost to the state.
(e)
Non-prime design selections. The GSC shall conduct selections
of design professionals for non-prime design work in accordance with Texas
Government Code, Chapter 2254, Subchapter A. The GSC reserves the authority
to award multiple, indefinite quantity services agreements to design professionals
in the disciplines needed by FCSMD.
(f)
Design Professional Contracts.
(1)
The contract will name the project, state the budgeted
project cost, state the fees to be paid, and describe the respective responsibilities
of the design professional and the GSC.
(2)
Compensation for design professional services shall
not exceed the following schedule, except as may be otherwise established
by law. The executive director is authorized to vary from this schedule based
on individual project requirements.
Figure: 1 TAC §123.27(f)(2)
(3)
The contract may be amended to reflect desirable changes
in project scope, responsibility, or compensation at any time upon written
consent of both parties.
(4)
The contract shall provide that in the event a change
order is issued on a project that is the result of design professional errors,
omissions, or mismanagement and the cost of the change order is greater than
that which would have reasonably been expected if such item had been properly
included in a projects' original plans and specifications, then such additional
extra cost of inefficiency shall be borne by the design professional at the
discretion of the FCSMD. No payment of design professional fees will be made
for work required from the design professional to rectify the error, omission
or mismanagement for the GSC.
(g)
The FCSMD may establish indefinite quantity contracts with
design professionals and other consultants for non-project work, by issuing
a Request for Qualifications.
§123.28.Contractor Qualifications.
(a)
Interested contractors shall submit a contractor's qualification
form to the FCSMD in a timely fashion and no later than the date established
in the notice to bidders. Forms are available for pick up with bid documents.
Incomplete forms shall be rejected.
(b)
Out-of-state contractors may bid state work and may be
awarded contracts if the reciprocal bidding requirements of Texas Government
Code, §2252.002 are met. Out of state contractors may be required to
prove their authority to do business in Texas prior to award.
(c)
Contractor qualification requirements will be prepared
for each project to be bid. Information on the contractor's qualifications
form and reference checks will be used to determine if a contractor meets
the requirements and is qualified to receive an award. The FCSMD decision
on contractor qualifications shall be made in writing to the contractor.
§123.29.Bidding Procedures.
(a)
All GSC construction projects are competitively bid, and
publicly opened in the office designated by the commission.
(b)
Construction projects with a value over $25,000, are advertised
in a newspaper of general circulation, the
Texas
Register
, the Texas Electronic Marketplace, and other publications
and electronic bulletin boards as reasonable, necessary or required. Construction
projects are advertised for a period of no less than 30 days. Small construction
projects are advertised for a period of no less than 14 days.
(c)
Except as may be required by other law, the advertisement
for bids shall contain pertinent information on the project, including name
and location of project; date, time and place of bid opening; where and how
bid documents may be obtained; and how contractor qualification forms may
be obtained.
(d)
The bidding documents shall be based on the current Uniform
General Conditions in State Construction Contracts, as authorized in Texas
Government Code, Chapter 2166, Subchapter G.
(e)
Bidding documents shall contain provisions to protect the
state's interest including, but not limited to, bid bonds or their equivalent,
and detailed instructions for submission of bids by sealed envelope. Bidding
documents shall include the plans and specifications, including all addenda
issued thereto. Bidders are held responsible to have given full consideration
to the entire bid package when they submit a proposal.
(f)
It is the sole responsibility of bidders to deliver the
bid proposal(s) to the GSC at the designated bid receipt location prior to
the time they are scheduled to be opened and read. Any bid not received at
the designated location or received after the designated time will be returned
unopened to the bidder.
§123.30.Construction Contract Award.
(a)
Award of construction contracts will be made by the commission
except in cases of emergency outlined in §123.31(c) of this chapter (relating
to Emergency Bidding and Awards Procedures). Award will be based upon the
lowest and best bid received from a qualified bidder, except as set out in
subsection (g) of this section.
(b)
All conditions which bear upon the quality of a bid proposal
will be considered when making an award. The commission reserves the right
to reject any or all bids.
(c)
Award shall become effective upon the date that a bidder's
proposal or any part thereof is formally accepted by the commission.
(d)
Notice of award to the successful bidder shall be in writing
and shall state the basis of award.
(e)
Prior to execution of the construction contract, contractor
shall furnish required bonds and insurance. FCSMD will review and approve
the bonds and insurance. The contractor executed contract forms, in triplicate
originals, will be executed by GSC and an original will be returned to the
contractor and project architect/engineer. The Notice to Proceed may then
be issued.
(f)
Construction contract documents shall consist of the following:
(1)
the contractor's proposal;
(2)
the notice and description of the award;
(3)
the bidding documents;
(4)
all addenda to the plans and specifications issued
prior to bid opening.
(5)
all changes in the work made after award of contract.
(g)
Prior to making an award of a construction contract for
a major repair or renovation of a structure designated by the Texas Historical
Commission as a recorded Texas Historic Landmark, the GSC shall submit copy
of the bids received and the bid evaluation to the Texas Historical Commission
for a recommendation concerning award. The commission may award the construction
contract to a bidder other than the lowest bidder based on the recommendation
of the Texas Historical Commission.
§123.31.Emergency Bidding and Award Procedures.
(a)
Emergency Bidding. The FCSMD may issue an advertisement
for a bid and let a bid for a period of time less than required by Texas Government
Code, §2166.253 and §123.29 of this chapter (relating to Bidding
Procedures), when an emergency condition requires expedient action.
(b)
Emergency conditions. Emergency conditions include, but
are not limited to:
(1)
preventing undue additional cost to a state agency; or
(2)
preventing or removing a hazard to life or property.
(c)
Emergency award procedures. The executive director, or
his designee, is authorized to award construction contracts when conditions
as described in subsection (b) of this section are determined to exist.
(d)
Documenting emergency conditions. Each time an emergency
is determined to exist, a written statement describing the emergency condition
shall be prepared for approval by the executive director. Copies of the document
shall be maintained in the project file.
§123.32.Construction Contract Administration.
(a)
Prior to commencement of work on the construction contract,
the FCSMD will schedule and hold a preconstruction conference to explain routine
administrative procedures and answer any questions about the contract documents,
project schedule and other matters of interest to the general contractor.
(b)
No work shall be performed until the FCSMD issues a Notice
to Proceed. A contractor performing work prior to the issuance of a Notice
to Proceed does so at its risk. The Notice to Proceed shall establish the
start date and completion date for the project.
(c)
All activities of a contractor on a project shall be governed
by the contract documents.
(d)
Unless expressly modified in the contract documents, procedures
followed by the FCSMD in the administration of construction projects shall
include the following:
(1)
At start of work, a contractor shall submit to the FCSMD
for review a listing of his major subcontractors and material suppliers and
the name of his job superintendent.
(2)
At start of work, contractor shall submit to the FCSMD
for approval a breakdown of the material and labor costs of the various work
items in the contract.
(3)
The FCSMD will review all submittals, shop drawings,
and schedules required by the specifications after approval by the design
professional.
(4)
The FCSMD will conduct periodic on-site inspections
of work in progress as it deems necessary and may assign a full-time inspector
to a project if justified by its size and nature. An official owner's final
inspection is conducted at the completion of each project.
(5)
Partial payments for work performed are made monthly.
Request for payment must be submitted on state construction voucher forms
supplied by the FCSMD and must include the project cost breakdown as approved
at the start of a project.
(6)
Changes in the work on a construction project are
not official until they have been formally approved by the GSC and a written
change order has been executed by all parties. The FCSMD will provide necessary
forms for documenting all changes in the work.
(7)
Changes in the contract time of a construction project
are not official until approved in writing by the GSC. Necessary forms for
documenting reasons for time extension requests are provided by the FCSMD.
(8)
Project Inspection may be accomplished by either FCSMD
staff or design professionals. The determination of levels and types of inspection
necessary to ensure proper construction remains with the GSC.
(9)
After a final inspection has been held and the FCSMD
is satisfied that all conditions of the contract have been met, the contractor
may submit his request for final payment.
(10)
The contractor must warrant all materials and labor
incorporated into a project against failure for a period of one year from
date of acceptance of the project by the FCSMD. Extended warranties may be
required on specific items of work.
(11)
At the end of the warranty period, a warranty inspection
will be held, and failures found which are not attributable to owner misuse
or to acts of God beyond the contractor's control shall become his responsibility
to correct. It is the contractor's responsibility to make corrections of failures
as they occur during the warranty period when brought to his attention.
(12)
A design professional retained for professional services
on a construction project is a representative of the GSC and may be the contractor's
primary contact with the GSC, if so designated in the construction contract
between the GSC and the contractor.
§123.33.Small Contractor Participation Assistance Program.
(a)
The GSC operates a Small Contractor Participation Assistance
Program as set forth in Texas Government Code, §2166.259 and this section.
(b)
Assistance under the program shall be available on projects
with an estimated cost exceeding $20 million. In determining the estimated
cost of a project, all work financed under a single bond issue or schedule
of appropriated projects may be aggregated.
(c)
To be eligible for assistance under the program, a contractor
must meet the definition set out in the Small Business Act, 15 U.S.C. Chapter
14A.
(d)
The GSC has established a technical assistance plan which
features:
(1)
Contracted technical assistance to aid small contractors
to develop the skills necessary to participate in the program.
(2)
The technical assistance shall include assistance
in:
(A)
estimating bids, the bidding process, scheduling, and understanding
bid documents;
(B)
reading construction drawings and other documents;
(C)
business accounting, bonds, and bond requirements;
(D)
negotiations with general contractors;
(E)
safety training; and
(F)
any other technical and administrative assistance considered
appropriate and necessary given the complexity and scope of the particular
public works project.
(3)
In awarding contracts for technical assistance,
the commission may use a competitive bid process, a competitive proposal process,
or may negotiate directly with service providers.
(e)
Any party awarded a contract to provide technical assistance
shall be an independent advisor and not a representative or agent of the GSC.
Whenever a technical assistance provider gives advice to a small contractor,
the provider shall in writing inform the small contractor that the provider's
advice and services are those of the provider and do not represent the position
of the GSC on any issue.
(f)
The GSC has established a public outreach plan which features:
(1)
Publication of notices annually in five newspapers of general
circulation describing the program and giving the names, addresses, and telephone
numbers of the technical and financial assistance providers.
(2)
Publication of the names, addresses, and telephone
numbers of the technical and financial assistance providers in each participating
project specification together with a description of the program.
(3)
Publication of the names, addresses, and telephone
numbers of the technical and financial assistance providers in all advertisements
and notices about a project.
(4)
A contract requirement that the general contractor
provide to all subcontractors the name, addresses, and telephone numbers of
the technical and financial assistance providers.
(g)
For each project under the program, the GSC shall make
centralized purchases of:
(1)
workers' compensation insurance coverage;
(2)
employers' liability insurance coverage;
(3)
commercial general and excess liability coverage;
(4)
payment and performance bonds; and
(5)
any other analogous coverage the commission considers
necessary and reasonable for the particular project.
(h)
Such centrally purchased coverages shall be incorporated
into the contract with the state, and any contractor who enters into a contract
with the state under a project covered by the program shall be required to
pay premiums and fees as set forth in the central purchase contracts.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on May 26, 2000.
TRD-200003809
Ann Dillon
General Counsel
General Services Commission
Earliest possible date of adoption: July 16, 2000
For further information, please call: (512) 463-3960
Subchapter D. WAGE RATES
1 TAC §123.43, §123.44
The new sections are proposed under the Government Code, Title
10, Subtitle D, Chapter 2166, §2166.062 , which provides the General
Services Commission with the authority to promulgate rules consistent with
the code.
The following code is affected by the new sections: Government Code, Title
10, Subtitle D, Chapter 2166.
§123.43.Wage Rate Surveys.
(a)
The GSC has adopted the prevailing wage rates for the locality
as determined by the United States Department of Labor in accordance with
the Davis-Bacon Act, if the survey was conducted within three years before
the project in question is to be bid.
(b)
Affected workers and contractors and subcontractors are
responsible for complying with Texas Government Code, Chapter 2258. The GSC
is not a party to arbitration under the Texas Government Code.
§123.44.Withholding of Penalties.
The GSC shall retain the amounts authorized by Texas Government Code,
Chapter 2258 upon a finding that prevailing wages have not been paid. The
GSC shall use any amounts retained to pay the affected worker in accordance
with Texas Government Code, §2258.056.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on May 26, 2000.
TRD-200003808
Ann Dillon
General Counsel
General Services Commission
Earliest possible date of adoption: July 16, 2000
For further information, please call: (512) 463-3960