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Section 2: Procurement

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Proposal Process

Using competitive sealed proposals to award scientific service contracts is the procurement process set forth under Tex. Transp. Code ch. 223, subch. D.

TxDOT awards a scientific service contract to the technical expert that possesses the required qualifications to perform the work at fair and reasonable cost to TxDOT. TxDOT may use competitive sealed proposals to procure scientific, appraisal, right of way acquisition, and landscape architectural services.

43 TAC §9.82

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Competitive Sealed Proposal Process

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When TxDOT elects to use competitive sealed proposals to procure appraisal, right of way acquisition, landscape architectural, and scientific services, TxDOT must post a notice on the Electronic State Business Daily. TxDOT will also publish a quarterly statewide list of project contracts to be issued and will provide upon request, or make available on TxDOT’s web site, a copy of the list to community, business, and professional organizations for dissemination to their membership.

43 TAC §9.83(a)


Letter of Interest

Providers interested in performing the scientific services specified in the advertisement should submit a Letter of Interest to TxDOT via fax or regular mail to the contact person indicated in the advertisement. Upon receipt of the letter, the managing office will send the provider a Request For Proposal (RFP) packet. Prospective providers can also obtain an RFP for a particular contract by downloading it from the TxDOT Internet web site or obtain one at the proposal meeting, if one is to be held.

43 TAC §9.83(b)


Request For Proposal

The RFP packet communicates to the prospective provider what to include in its written proposal and how to submit it to TxDOT. The RFP, if completed properly, provides the technical expert a sound understanding of the project’s specifications by providing an explanation of the services and deliverables it will be required to perform during the contract period.

Scientific service contracts require that payment be made upon the completion of deliverables. Therefore, deliverables need to be defined very specifically in the project’s RFP, allowing the prospective provider to more easily estimate its price for performing each of the required tasks.

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Proposal Meeting

A proposal meeting may be either mandatory or optional at the discretion of TxDOT. If the meeting is mandatory, TxDOT will only accept proposals from providers represented at the meeting.

43 TAC §9.83(d)

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Proposal Requirements

Proposals are subject to the following requirements:

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  • the proposal shall be limited to the contents specified in the RFP packet plus the provider’s price for the required services,
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  • all proposals must be received by the date, time, and location specified in the RFP packet,
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  • TxDOT will open proposals and conduct evaluations in confidence. After the contract is awarded, all proposals shall be open for public inspection, and
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  • a proposal which does not include all the requirements set forth in the RFP will be rejected as non-responsive and will not be considered further.

43 TAC §9.84

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TxDOT will evaluate each responsive proposal based upon the established standards communicated and set forth in the RFP. Each standard, having been assigned its own numerical weighting value previously communicated in the RFP, is scored using a numerical scale. Standards used for evaluating a proposal may vary from project to project.

43 TAC §9.85

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Best and Final Offer

A provider is typically awarded the contract based upon the initial score it receives on its proposal evaluation. However, there are circumstances in which TxDOT may find it beneficial to meet with the top ranked providers to discuss their best and final offer prior to the award of the contract.

If TxDOT determines discussions for best and final offers are necessary, then it must schedule individual meetings with the three top-ranked providers. In the case of multiple provider selection, discussions will be held with a number of providers equal to the number of contracts to be awarded plus three. Discussions will include:

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  • any portion of the responsive proposal in order to assess a provider’s ability to meet the RFP requirements,
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  • an opportunity for the provider to demonstrate an understanding of the project and remedy the proposal’s deficiencies,
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  • reasonableness of fee.

Once all discussions have concluded, TxDOT will send written notification to each provider to submit its best and final offer. Once received, the revised proposals will be re-evaluated using the original scoring standards.

43 TAC §9.86

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These contracts are used for the award of individual or multiple contracts in which the selected entity agrees to perform work under a general scope of services. Work authorizations for specific tasks will be issued to the selected entity on an as-needed basis. Work authorizations must be issued for new projects within the two years following execution of the prime contract. Thus, the contract period for indefinite delivery contracts is four years. Work authorizations can be issued after the initial 2-year period, but only if it is necessary to complete projects that were started within the initial 2-year period after contract execution. However, new projects may not be started more than two years after contract execution. Contracts may not exceed a maximum amount payable of $2,000,000 for a contract to provide services in a single district or $5,000,000 to provide services in two or more districts.

43 TAC §9.87

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TxDOT will make an award to the provider submitting the highest-ranked proposal and will notify the other providers of the selection. For multiple awardees under a single RFP, TxDOT will make awards to the highest ranked providers. If TxDOT finds that none of the proposals are acceptable, TxDOT will reject all proposals

43 TAC §9.88

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