Texas Register, Volume 21, Number 80, Pages 10639-10789, October 29, 1996 Page: 10,727
10639-10789 p. ; 28 cm.View a full description of this periodical.
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111.11. Construction Contracts.
(a) Purpose. The purpose of this rule is to establish the
responsibility and authority of the Texas Youth Commission in the
procurement of construction services for the renovation of existing
facilities or for the construction of new facilities.
(b) Explanation of Terms Used.
(1) Construction Contract- the agreement between the
owner and contractor to commence and complete certain public works
for use and benefit of the Texas Youth Commission as shown in the
plans and described in the specifications for such public works project.
(2) General Contractor- the individual corporation, com-
pany, partnership, firm, or other organization that has contracted to
perform the work, under the contract with the State of Texas acting
through the Texas Youth Commission, its agents and representatives.
(3) Working plans or drawings - one copy of all draw-
ings, specifications, addenda, approved shop drawings and contract
modifications maintained by general contractor at the site in good
order and marked to record all changes made during construction.
(c) Applicability.
(1) This rule applies to all construction services procured
by TYC for new construction or for renovation of existing facilities.
(2) This rule does not apply to construction projects for
which the staff has the ability to meet the legal and functional
requirements for design and completion of the project or for those
projects that do not require working plans or drawings.
(d) The Board of the Texas Youth Commission retains the
authority and responsibility for the final selection of any general
contractor for the construction or oversight of projects undertaken
by the agency.
(e) The board may contract for construction management
services of a private or government entity for the purpose of managing
construction projects undertaken by the agency.
(f) Construction projects may be undertaken by the agency
without complying with this rule if the total cost of the project to
the agency is less than $100,000 and if the labor and materials are
procured through competitive bidding or if the labor is done with
existing staff, and the project is of such a scope that it does not
require the preparation of working plans or drawing, and the project
is approved by the executive director.
111.21. Training and Education Contracts.
(a) Purpose. The purpose of this rule is to establish the
authority and responsibilities for contracting for:
(1) training and educational assistance authorized under
the Employees Training Act, Chapter 656, Government Code for
TYC employees.
(2) training and education services to TYC youth autho-
rized under Section 2155.143, Government Code.
(b) Explanation of Terms Used.
(1) Training- an organized, planned, and evaluated
activity designed to achieve specific learning objectives.
(2) Education - instructional programs that provide Texas
Education Agency (TEA) credits, or college credits, meet federal andstate guidelines for special populations and result in age appropriate
classes for TYC youth.
(c) Applicability.
(1) This rule applies to all staff development training
which is contracted by the agency, and all contracts for the delivery
of educational programs, curricula, or services to TYC youth.
(2) It does not apply to registration fees for seminars or
conferences for staff development.
(d) Contracts for the training and development of employees
of the Texas Youth Commission do not require competitive bidding
as permitted by the Employees Training Act, if TYC has on file with
the Governor's office an approved plan for training and educational
assistance.
(e) Contracts for the procurement of educational services,
programs or curricula for delivery to TYC youth are not required
to be subjected to competitive bidding. However, TYC shall use
a competitive proposal process to contract for educational programs
when the services will be delivered in a residential program. These
services will be acquired by the method described for the delivery
of contracted youth services in Chapter 83 of this title (relating to
Contracted Youth Services).
(f) All contracts for training and education services including
employee training and TYC youth education services, excluding
residential youth services, are to be processed in accordance with
(GAP) 111.1 of this title (relating to Contracting for Services),
through the business services department.
111.25. Student Intern Contracts.
(a) Purpose. The purpose of this rule is to establish a process
for contracting with institutions of higher learning for the services of
interns.
(b) Explanation of Terms Used. Intern - an advanced student
or recent graduate who is working to gain supervised practical
experience. Usually the work arrangement or agreement must
meet the requirements of an educational institution or professional
association through which the intern is to receive certification.
(c) Applicability.
(1) This rule applies to agreements with individuals work-
ing to fulfill certification requirements of an educational institution
or professional organization.
(2) This rule does not apply to individuals voluntarily
providing a service.
(d) When in the best interest of youth programs, the ser-
vices of interns may be acquired through cooperation with the Texas
Statewide Corrections Internship Program or other internship pro-
grams approved by the executive director. When written agreements
stipulate compensation to defray education costs, payments may be
made for the services of interns. If the agreement stipulates, the intern
is not charged for meals or lodging at the facility. Certain travel and
other expenses may be reimbursed when stipulated in the agreement
(Authority Attorney General's Opinion H1227 (dated 8-10-78)).
111.35. Contract Disputes and Protests.
(a) Purpose. The purpose of this rule is to establish
procedures whereby the agency may conduct a hearing to resolve
contract disputes.PROPOSED RULES October 29, 1996 21 TexReg 10727
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Texas. Secretary of State. Texas Register, Volume 21, Number 80, Pages 10639-10789, October 29, 1996, periodical, October 29, 1996; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth182324/m1/89/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.