(a) This section provides an exception to the selection requirements provided by other provisions of this subchapter for the procurement of architectural, engineering, or surveying services under a pilot project approved by the commission for the purposes of improving the efficiency and fairness of the department's qualifications-based procurement processes.
(b) The executive director or the executive director's designee may authorize the execution of an engineering, architecture, or surveying contract under this section. The authorization must be in writing and must contain findings that:
  (1) the procurement resulting in the contract:
    (A) does not violate state or federal law;
    (B) provided a fair opportunity for qualification-based competition; and
    (C) was conducted as part of the pilot project described by subsection (a) of this section;
  (2) the contract does not expend federal funds; and
  (3) execution of the contract is in the public interest.

Source Note: The provisions of this §9.42 adopted to be effective October 17, 2013, 38 TexReg 7122