Tex. Transp. Code Section 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 (Iron and Steel Preference Provisions in Improvement Contracts).

(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.

Source: Section 223.0041 — Award of Contracts, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­223.­htm#223.­0041 (accessed Jun. 5, 2024).

223.001
Contract Requiring Competitive Bids 223.002
Notice of Bids 223.003
Notice of Proposed Contracts 223.004
Filing, Opening, and Rejection of Bids 223.006
Contractor’s Bond 223.007
Contracts 223.008
No Liability in Excess of Available Funds 223.009
Partial Payment 223.010
Deposit and Investment of Retained Amount 223.012
Contractor Performance 223.013
Electronic Bidding System 223.014
Bid Guaranty 223.015
Deposit and Investment of Bid Guaranty 223.016
Form of Proposal Guaranty 223.041
Engineering and Design Contracts 223.0041
Award of Contracts 223.0042
Contract Information on Internet Website 223.042
Privatization of Maintenance Contracts 223.043
Citizen’s Preference in Employment 223.044
Inmate Labor or Labor of Persons Placed on Community Supervision for Improvement Projects 223.045
Iron and Steel Preference Provisions in Improvement Contracts 223.046
Use of Fly Ash and Bottom Ash for Road Construction 223.047
Preference for Rubberized Asphalt Paving Made from Scrap Tires 223.048
Time of Payment 223.049
Contract with Land Owner for Improving Access to Land 223.050
Preference for Certain Providers 223.051
Verification by Contractors 223.052
Notification by Certain Municipalities of Scheduled Event 223.101
Definitions 223.102
Award of Emergency Highway Improvement Contract 223.103
Certification of Emergency 223.104
Contract Requirements 223.105
Notification of Commission 223.151
Applicability 223.152
Determination by Department 223.153
Solicitation of Proposals 223.154
Opening of Proposals 223.155
Discussions with Offerors 223.156
Award of Contract 223.157
Rules 223.201
Authority 223.202
Limitation on Department Financial Participation 223.203
Process for Entering into Comprehensive Development Agreements 223.204
Confidentiality of Information 223.205
Performance and Payment Security 223.206
Ownership of Highway 223.207
Liability for Private Obligations 223.208
Terms of Private Participation 223.209
Rules, Procedures, and Guidelines Governing Selection and Negotiating Process 223.241
Definitions 223.242
Scope of and Limitations on Contracts 223.243
Use of Engineer or Engineering Firm 223.244
Other Professional Services 223.245
Request for Qualifications 223.246
Request for Proposals 223.247
Negotiation 223.248
Assumption of Risks and Costs 223.249
Stipend Amount for Unsuccessful Proposers 223.250
Performance or Payment Bond 223.2011
Limited Authority for Certain Projects Using Comprehensive Development Agreements 223.2012
North Tarrant Express Project Provisions 223.2013
No Effect on Department Obligations 223.2475
Changes to Design-build Team
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 223.0041’s source at texas​.gov