| 1 | 1 | | 84R14710 T |
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| 2 | 2 | | By: Taylor of Collin S.B. No. 1236 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to asset management agreements of the Texas Department of |
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| 8 | 8 | | Transportation. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | Section 1. Section 223.0041, Transportation Code, is |
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| 11 | 11 | | amended by adding subsection (d) to read as follows: |
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| 12 | 12 | | Sec. 223.0041. AWARD OF CONTRACTS. (a) Except as provided |
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| 13 | 13 | | by Section 223.005, all bids received and not rejected by the |
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| 14 | 14 | | department shall be tabulated and forwarded to the commission. |
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| 15 | 15 | | (b) The commission may accept or reject the bids. Except as |
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| 16 | 16 | | provided in Subsections (c) and (d), if the bids are accepted, the |
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| 17 | 17 | | commission shall award the contract to the lowest bidder, subject |
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| 18 | 18 | | to Section 223.045. |
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| 19 | 19 | | (c) For a maintenance contract involving an amount less than |
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| 20 | 20 | | $300,000, if the lowest bidder withdraws its bid prior to contract |
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| 21 | 21 | | award or fails to execute the contract, the director may recommend |
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| 22 | 22 | | to the commission that the contract be awarded to the second lowest |
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| 23 | 23 | | bidder. The commission may award the maintenance contract to the |
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| 24 | 24 | | second lowest bidder if the second lowest bidder agrees to accept |
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| 25 | 25 | | the unit bid prices of the lowest bidder. The commission shall |
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| 26 | 26 | | adopt rules governing the conditions under which the department |
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| 27 | 27 | | will allow the withdrawal of the bid of the lowest bidder and |
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| 28 | 28 | | consider awarding a maintenance contract to the second lowest |
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| 29 | 29 | | bidder. |
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| 30 | 30 | | (d) For a performance-based maintenance contract in an |
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| 31 | 31 | | amount of $300,000 or more, the commission shall award the contract |
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| 32 | 32 | | to the lowest responsible bidder. For purposes of determining the |
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| 33 | 33 | | lowest responsible bidder, the department shall first prepare and |
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| 34 | 34 | | issue a request for qualifications to identify those firms |
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| 35 | 35 | | qualified to bid on a performance-based maintenance project of the |
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| 36 | 36 | | size and complexity for which bids will be requested. From among |
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| 37 | 37 | | the bids received from firms determined to be qualified to bid, the |
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| 38 | 38 | | commission shall award the contract to the lowest bidder. |
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| 39 | 39 | | SECTION 2. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2015. |
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