SECTION 123.31. Emergency Bidding and Award Procedures

(a) Emergency Bidding. The Division may issue an advertisement for a bid and let a bid for a period of time less than required by Texas Government Code, 2166.253, when an emergency condition requires expedient action.

(b) Emergency conditions. Emergency conditions include, but are not limited to:

(1) preventing undue additional cost to a state agency; or

(2) preventing or removing a hazard to life or property.

(c) Emergency Award Procedures. The Executive Director, or designee of the Executive Director, is authorized to award construction contracts when conditions as described in subsection (b) of this section are determined to exist. The award shall be reported to the Commission at its next regularly scheduled meeting.

(d) Documenting Emergency Conditions. Each time an emergency is determined to exist, a written statement describing the emergency condition shall be prepared for approval by the Executive Director, or designee of the Executive Director. Copies of the document shall be maintained in the Project file.

Source Note: The provisions of this §123.31 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