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