SECTION 123.29. Bidding Procedures

(a) Commission Projects are bid competitively or bid using best value alternative delivery methods, and publicly opened in the office designated by the Commission. When Projects are bid using best value alternate delivery methods, the public opening is conducted in accordance with Texas Government Code, §2269 et seq.

(b) The Commission shall develop detailed operating procedures for the contractor selection and bidding process, including selection for best value alternate delivery methods.

(c) The Commission may require a proposal guaranty for competitive pricing submitted as a response to a request for proposal. The value of the guaranty will be established in the language of the request for proposal document. The guaranty may be in the form of a:

(1) cashier's check or money order drawn on an account with a financial entity determined by the Commission;

(2) bid bond issued by a surety authorized to do business in this state; or

(3) any other method approved by the Commission.

(d) Upon award and execution of the construction contract, all proposal guaranties shall be returned to their respective issuers. In the case of best value alternative delivery method contracts, proposal guaranties shall be returned upon receipt of payment and performance bonds for the initial phase of work.

Source Note: The provisions of this §123.29 adopted to be effective March 18, 2002, 27 TexReg 2005; amended to be effective November 15, 2011, 36 TexReg 7658; amended to be effective March 9, 2017, 42 TexReg 1011