Sec. 223.0041. AWARD OF CONTRACTS. (a) Except as provided by Section 223.005, all bids received and not rejected by the department shall be tabulated and forwarded to the commission.
(b) The commission may accept or reject the bids. Except as provided in Subsection (c), if the bids are accepted, the commission shall award the contract to the lowest bidder, subject to Section 223.045.
(c) For a maintenance contract involving an amount less than $300,000, if the lowest bidder withdraws its bid prior to contract award or fails to execute the contract, the director may recommend to the commission that the contract be awarded to the second lowest bidder. The commission may award the maintenance contract to the second lowest bidder if the second lowest bidder agrees to accept the unit bid prices of the lowest bidder. The commission shall adopt rules governing the conditions under which the department will allow the withdrawal of the bid of the lowest bidder and consider awarding a maintenance contract to the second lowest bidder.
Added by Acts 1999, 76th Leg., ch. 82, Sec. 1, eff. Aug. 30, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 809 (S.B. 573), Sec. 1, eff. September 1, 2005.
Structure Texas Statutes
Subtitle B - State Highway System
Chapter 223 - Bids and Contracts for Highway Projects
Subchapter A. Competitive Bids
Section 223.001. Contract Requiring Competitive Bids
Section 223.002. Notice of Bids
Section 223.003. Notice of Proposed Contracts
Section 223.004. Filing, Opening, and Rejection of Bids
Section 223.0041. Award of Contracts
Section 223.0042. Contract Information on Internet Website
Section 223.005. Bids on Contracts Involving Less Than $300,000
Section 223.006. Contractor's Bond
Section 223.008. No Liability in Excess of Available Funds
Section 223.009. Partial Payment
Section 223.010. Deposit and Investment of Retained Amount
Section 223.012. Contractor Performance
Section 223.013. Electronic Bidding System