Tex.
Parks & Wild. Code Section 11.0171
Authority to Contract
(a)
Subject to Section 12.0251 (Disclosure of Information Collected During Technical Guidance to Private Landowner), for the purpose of carrying out the powers, duties, and responsibilities of the department, the executive director, or the executive director’s designee, may negotiate, contract, or enter an agreement:(1)
with:(A)
the United States or any of its agencies;(B)
another state or a political subdivision of another state or of this state; or(C)
a nonprofit organization for research and field work; or(2)
for professional services relating to a project of the department, including project management, design, bid, and construction administration, consistent with Subchapter A (Short Title), Chapter 2254 (Professional and Consulting Services), Government Code.(b)
The commission by rule shall adopt policies and procedures consistent with applicable state procurement practices for soliciting and awarding the contracts under this section.(c)
The executive director may negotiate with and award a contract for goods or services to any qualified vendor if the executive director:(1)
solicits bids for the goods or services through a competitive process in compliance with all applicable laws, including Chapters 2155 (Purchasing: General Rules and Procedures), 2254 (Professional and Consulting Services), and 2269 (Contracting and Delivery Procedures for Construction Projects), Government Code, that fails to result in competitive responsive bids;(2)
makes a written determination that resoliciting bids for the goods or services would:(A)
be unlikely to result in responsive bids;(B)
increase costs to the department; or(C)
delay the ability of the department to address a critical need; and(3)
determines that the vendor meets the requirements of the original solicitation.(d)
To the extent practicable, the executive director may combine the procurement of multiple goods or services into a single competitively bid contract to enhance the contract’s attraction for potential vendors.
Source:
Section 11.0171 — Authority to Contract, https://statutes.capitol.texas.gov/Docs/PW/htm/PW.11.htm#11.0171 (accessed Jun. 5, 2024).
