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eXpendit

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Contract Expenditures
Construction Projects

Generally, the Texas Facilities Commission (TFC) is responsible for overseeing building construction projects of the state. The TFC may waive or modify requirements for construction projects that conflict with a federal rule or involve federal funding.

A state agency may not make a payment for a capital construction project until a project analysis is filed with the Legislative Budget Board (LBB), the Budget Division of the Governor’s Office and the Texas Comptroller of Public Accounts (Comptroller’s office).

A state agency may not spend more than the amount authorized for the cost of a project unless the governor and the LBB approve the expenditure. Once the cost of a project reaches the amount authorized for the project, each change to the project plans must be approved by the governor and the LBB.

Preparation of Project Analysis

Exceptions to Construction Project Requirements

An offeror who submits a bid, proposal or response to a request for qualifications for a construction contract under Texas Government Code Chapter 2269 may, after the contract is awarded, make a request in writing to the state agency to provide documents related to the evaluation of the offeror’s submission. No later than 30 days after the request is made, the state agency shall deliver to the offeror the documents relating to the evaluation of the submission including, if applicable, its ranking of the submission.

Definitions:

Construction
The term includes includes acquisition and reconstruction.
Cost of a project
Includes the cost of:
  • Real estate.
  • Other property.
  • Rights and easements.
  • Utility services.
  • Site development.
  • Construction and initial furnishing and equipment.
  • Architectural, engineering and legal services.
  • Surveys, plans and specifications.
  • Other costs necessary or incidental to determining the feasibility or practicability of a project, including those incurred by the Texas Facilities Commission (TFC).
Project
A building construction project financed wholly or partly by a specific appropriation, a bond issue or federal money. The term includes the construction of:
  • A building, structure or supplemental facility or utility, including the acquisition and installation of original equipment and original furnishings.
  • An addition to or alteration, rehabilitation, or repair of an existing building, structure, or supplemental facility or utility.
Project analysis
Work done before the legislative appropriation for a project to develop a reliable estimate of the cost of the project, to be used in the appropriations request.
State agency
  • A department, commission, board, office or other agency in the executive branch of state government created by the state constitution or a state statute.
  • The Supreme Court, the Court of Criminal Appeals, a court of appeals or the Texas Judicial Council.
  • A university system or institution of higher education.

Sources [+]

State Purchasing and General Services Act, Texas Government Code Sections 2151.002, 2151.003(1), Sections 2166.001(1a)–(2), (4)–(5), (7), (10), Sections 2166.002, 2166.003(a), 2166.004, 2166.051, 2166.063, 2166.152(e), Section 2166.260, Section 2269.060 via HB 2581, 87th Leg. R.S. 2021.

Documentation Requirements [+]

  1. Upon request, the agency must make documentation available to the Comptroller's office that proves compliance with the State Purchasing and General Services Act, including a copy of any waiver provided by the TFC.
  2. Comptroller object 7341 must be used to record payment for new permanent structures under construction and for major additions, alterations, installations, and reconstruction projects. Note: See comptroller objects 7266, 7340 and 7343 for building maintenance, repairs and improvement projects.