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HOUSE CONCURRENT RESOLUTION
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WHEREAS, Goss Building Incorporated alleges that: |
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(1) In July 2001, Goss Building Incorporated submitted |
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a bid to the Texas Department of Transportation for a building |
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contract and posted a bid security of $30,000 with its bid; |
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(2) At approximately 2 p.m., July 11, 2001, the Texas |
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Department of Transportation opened the bids for the building |
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contract, including the bid from Goss Building Incorporated; |
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(3) Shortly after the opening of the bids, Goss |
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Building Incorporated discovered a significant error in its bid for |
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the Texas Department of Transportation's building contract; |
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(4) Goss Building Incorporated notified the Texas |
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Department of Transportation of the error by telephone at |
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approximately 3:30 p.m., July 11, 2001, and was advised as to what |
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procedure to follow; |
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(5) Goss Building Incorporated also notified the Texas |
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Department of Transportation of the error in writing by letter |
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dated July 11, 2001, sent by overnight delivery, which the |
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department received on July 12, 2001; |
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(6) Despite the error, on July 18, 2001, the Texas |
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Department of Transportation advised Goss Building Incorporated |
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that it would recommend to the Texas Transportation Commission that |
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Goss be awarded the contract as the low bidder; |
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(7) On July 26, 2001, Anthony Goss, President of Goss |
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Building Incorporated, appeared before the Texas Transportation |
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Commission and explained how the error occurred; |
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(8) At the meeting on July 26, 2001, the Texas |
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Transportation Commission took the incorrect position that it had |
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no options once a bid was opened; |
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(9) On August 7, 2001, Goss Building Incorporated |
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returned the contract that was based on the flawed bid to the Texas |
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Department of Transportation unsigned and requested the return of |
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its bid security of $30,000; |
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(10) The Texas Department of Transportation has |
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refused to return the $30,000 bid security to Goss Building |
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Incorporated; |
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(11) In June 2003, through its counsel, Goss Building |
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Incorporated requested that the Texas Department of Transportation |
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discuss resolution of this matter and indicated that it would |
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request a hearing under Chapter 2260, Government Code; |
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(12) Through its counsel, the Texas Department of |
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Transportation responded and advised Goss Building Incorporated |
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that the contract was awarded under Chapter 223, Transportation |
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Code, so Chapter 2260, Government Code, did not apply and directed |
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Goss to 43 T.A.C. Section 9.2 for the department's dispute |
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resolution procedure; |
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(13) In July 2003, the Texas Department of |
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Transportation claimed that since Goss Building Incorporated did |
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not enter into the contract, the department's rules for resolving |
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contract disputes under Title 43 of the Texas Administrative Code |
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did not apply; and |
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(14) Goss Building Incorporated's attempts to resolve |
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this matter through informal and administrative procedures have |
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been unsuccessful; now, therefore, be it |
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RESOLVED by the Legislature of the State of Texas, That Goss |
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Building Incorporated is granted permission to sue the State of |
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Texas and the Texas Department of Transportation subject to Chapter |
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107, Civil Practice and Remedies Code; and, be it further |
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RESOLVED, That the attorney general and the Office of General |
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Counsel of the Texas Department of Transportation be served process |
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as provided by Section 107.002(a)(3), Civil Practice and Remedies |
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Code. |