[Moderate revision–posted 11/10/21 (replaces 12/17/20 edition)]
Operating Policy and Procedure
OP 61.40: Advertising Methods for Construction Services Contracts
DATE: November 10, 2021
PURPOSE: The purpose of this Operating Policy/Procedure (OP) is to set forth the advertising methods that the Texas Tech University System (TTUS) and Texas Tech University (TTU) will follow before awarding construction services contracts, as authorized in Section 08.01, Regents' Rules, Construction Program.
REVIEW: This OP will be reviewed in September of each year by the Vice Chancellor for Facilities Planning & Construction, the Chief Procurement Officer, and the Senior Vice President for Administration & Finance and Chief Financial Officer with substantive revisions presented to the Chancellor.
1. Advertising of Construction Services Contracts
a. Newspaper Posting
TTUS Facilities Planning & Construction (FPC) or TTU Procurement Services (PS) will advertise competitive bids, requests for proposals (RFP), and requests for qualifications (RFQ) [collectively “requests”] for construction services contracts by publishing legal notice in a newspaper of general circulation servicing the county where the university's or system's construction project will be located or alternate statewide announcement resources including, but not limited to, the Electronic State Business Daily (ESBD). TTUS and TTU will publish the notice for at least two days. TTUS and TTU may not award the contract until at least 14 days after the first day of publication unless approved by the Vice Chancellor of FPC or the Chief Procurement Officer.
This requirement does not apply to:
(1) RFQ for professional services, including architectural/engineering services, commissioning services, materials testing, or other services requiring certification by a professional engineer, registered architect, registered landscape architect, registered land surveyor, or registered interior designer;
(2) RFQ for construction manager – agent services;
(3) RFP issued to pre-qualified firms (for firms that have submitted Statements of Qualification and then were pre-qualified to respond to an RFP); or
(4) Job order contracts executed by TTU or of a cooperative purchasing organization that are in compliance with Texas Education Code, Chapter 51.
b. Electronic State Business Daily Website/TechBid Postings
FPC and PS will post all solicitations involving construction services contracts valued at $25,000 or more on the Electronic State Business Daily website.
In addition to posting solicitations valued at $25,000 or more on the Electronic State Business Daily website, PS will post all Operations Division projects on the TechBid website (https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech).
FPC solicitations will be posted on the TTUS Facilities Planning & Construction website (www.texastech.edu/fpc).
If the entire solicitation package is posted, a contract may not be awarded until at least 14 days after the posting. If, however, only a brief description of the proposed contract is posted (“notice posting”), a contract may not be awarded until at least 21 days after the posting. In bona fide emergencies, the 14- or 21-day posting requirements may be waived to prevent a hazard to life, health, safety, welfare, or property or to avoid the undue additional cost to TTU or TTUS.
2. Issuance of Bid/RFP Documents and Receipt of Responses
a. Bids, proposals, statements of qualifications, or responses (collectively “responses”) relating to construction services contracts issued by FPC must be issued and received by:
Facilities Planning & Construction
1508 Knoxville Avenue, Suite 103
Lubbock, Texas 79409-2014
Responses relating to responses issued by PS must be issued and received by:
TTU Procurement Services
1901 University Avenue
Texas Tech Plaza, Suite 408
Lubbock, Texas 79409-1094
or submitted through the TechBid system.
b. Responses must be received by the date and time and at the location specified in the requests. Late responses will be rejected and returned unopened.
3. Opening and Public Disclosure of Responses
a. All responses will be opened by the Office of FPC or the Chief Procurement Officer or their designated representative at a location specified in the requests.
b. TTUS or TTU may reject any responses that are not substantially complete when opened, are not submitted by the deadline, and/or do not contain an acceptable HUB Subcontracting Plan or other required submittals.
4. Minimum Legal Requirements
At a minimum, all requests must meet the minimum legal requirements set forth in Texas Education Code, §§ 51.776 - 51.785, or any successor statutes.
5. Questions or Comments
Questions or comments concerning this OP should be directed to FPC 806.742.2116 or PS 806.742.3844 or firstname.lastname@example.org.
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