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Section 2: Provider Selection

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Precertification establishes the minimum technical qualifications to perform work under a standard work category. 43 TAC §9.33.

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Selection Processes

TxDOT issues solicitations and selects providers under the following processes:

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  • the Non-federal Process, also known as the state process, may be used for any contract that is not subject to 43 TAC §9.35 (relating to the Federal Proecess). 43 TAC §9.34.
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  • the Federal Selection Process applies to an engineering or design related service contract related to a highway construction project and reimbursed with federal-aid highway program funding. 43 TAC §9.35.
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  • the Emergency Contract Process may be used when the executive director determines that an emergency situation, including a safety hazard, a substantial disruption of the orderly flow of traffic and commerce, or a risk of substantial financial loss to TxDOT exists and that an architectural, engineering, or surveying services contract is needed to address the situation. 43 TAC §9.38.
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  • the Urgent and Critical Selection Process may be used when the executive director certifies that an urgent and critical need exists that cannot otherwise be met, that there is sufficient objective reason to believe that a specific provider is the most qualified to perform the services, and that federal funds will not be involved in the contract. 43 TAC §9.39.
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Contract Under a Pilot Program

The Executive Director may approve an exception to the selection requirements for the procurement of architectural, engineering, or surveying services under a pilot program approved by the Commission for the purpose of improving the efficiency and fairness of TxDOT’s qualifications-based procurement processes. 43 TAC §9.42.

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