Sec. 223.247. NEGOTIATION. (a) After ranking the proposers under Section 223.246(i), the department shall first attempt to negotiate a contract with the highest-ranked proposer. The department may include in the negotiations alternative technical concepts proposed by other proposers, subject to Section 223.249.
(b) If the department is unable to negotiate a satisfactory contract with the highest-ranked proposer, the department shall, formally and in writing, end all negotiations with that proposer and proceed to negotiate with the next proposer in the order of the selection ranking until a contract is reached or negotiations with all ranked proposers end.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 34, eff. September 1, 2011.
Structure Texas Statutes
Subtitle B - State Highway System
Chapter 223 - Bids and Contracts for Highway Projects
Subchapter F. Design-Build Contracts
Section 223.242. Scope of and Limitations on Contracts
Section 223.243. Use of Engineer or Engineering Firm
Section 223.244. Other Professional Services
Section 223.245. Request for Qualifications
Section 223.246. Request for Proposals
Section 223.2475. Changes to Design-Build Team
Section 223.248. Assumption of Risks and Costs