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A BILL TO BE ENTITLED
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AN ACT
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rela |
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ting to asset management agreements of the Texas Department of |
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Transportation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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Section 1. Section 223.0041, Transportation Code, is |
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amended by adding subsection (d) to read as follows: |
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Sec. 223.0041. AWARD OF CONTRACTS. (a) Except as provided |
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by Section 223.005, all bids received and not rejected by the |
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department shall be tabulated and forwarded to the commission. |
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(b) The commission may accept or reject the bids. Except as |
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provided in Subsections (c) and (d), if the bids are accepted, the |
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commission shall award the contract to the lowest bidder, subject |
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to Section 223.045. |
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(c) For a maintenance contract involving an amount less than |
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$300,000, if the lowest bidder withdraws its bid prior to contract |
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award or fails to execute the contract, the director may recommend |
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to the commission that the contract be awarded to the second lowest |
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bidder. The commission may award the maintenance contract to the |
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second lowest bidder if the second lowest bidder agrees to accept |
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the unit bid prices of the lowest bidder. The commission shall |
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adopt rules governing the conditions under which the department |
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will allow the withdrawal of the bid of the lowest bidder and |
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consider awarding a maintenance contract to the second lowest |
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bidder. |
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(d) For a performance-based maintenance contract in an |
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amount of $300,000 or more, the commission shall award the contract |
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to the lowest responsible bidder. For purposes of determining the |
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lowest responsible bidder, the department shall first prepare and |
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issue a request for qualifications to identify those firms |
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qualified to bid on a performance-based maintenance project of the |
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size and complexity for which bids will be requested. From among |
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the bids received from firms determined to be qualified to bid, the |
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commission shall award the contract to the lowest bidder. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |