84R14710 T
 
  By: Taylor of Collin S.B. No. 1236
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to asset management agreements of the Texas Department of
  Transportation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         Section 1.  Section 223.0041, Transportation Code, is
  amended by adding subsection (d) to read as follows:
         Sec. 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 Subsections (c) and (d), if the bids are accepted, the
  commission shall award the contract to the lowest bidder, subject
  to Section 223.045.
         (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.
         (d)  For a performance-based maintenance contract in an
  amount of $300,000 or more, the commission shall award the contract
  to the lowest responsible bidder. For purposes of determining the
  lowest responsible bidder, the department shall first prepare and
  issue a request for qualifications to identify those firms
  qualified to bid on a performance-based maintenance project of the
  size and complexity for which bids will be requested. From among
  the bids received from firms determined to be qualified to bid, the
  commission shall award the contract to the lowest bidder. 
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.