Text of section effective on April 01, 2021

Sec. 8508.0119. AWARD OF CERTAIN CONTRACTS. (a) The authority shall award a contract to the lowest and best bidder if:

(1) the contract is a:

(A) construction, maintenance, operation, or repair contract;

(B) contract for the purchase of material, equipment, or supplies; or

(C) contract for services other than technical, scientific, legal, fiscal, or other professional services; and

(2) the contract:

(A) will require an estimated expenditure of more than $10,000; or

(B) is for a term of six months or more.

(b) If the board finds that an extreme emergency exists, the board may award a contract necessary to protect and preserve the public health and welfare or the property of the authority without using bidding procedures.

(c) The authority shall publish notice to bidders once each week for three consecutive weeks before the date set for awarding the contract. The notice must be published in a newspaper with general circulation in the authority and may also be published in any other appropriate publication.

(d) The notice is sufficient if it states:

(1) the time and place at which the bids will be opened;

(2) the terms on which copies of the plans, specifications, or other pertinent information may be obtained;

(3) the general nature of the work to be done; and

(4) the material, equipment, or supplies to be purchased or the nonprofessional services to be rendered.

(e) A person who desires to bid on the construction of a work or project that is advertised for bids shall, on written application to the authority, be provided a copy of the plans and specifications or other engineering and architectural documents showing all of the details of the work to be done. The authority may make a charge to cover the cost of making the copy.

(f) A bid must be:

(1) in writing;

(2) sealed and delivered to the authority; and

(3) accompanied by a certified check drawn on a responsible bank in this state or, at the discretion of the authority, a bid bond from a company approved by the authority, in an amount equal to at least one percent of the total amount bid.

(g) The authority shall open bids at the place specified in the published notice. The authority shall announce the bids. The place where the bids are opened and announced must be open to the public. The board shall make the award of the contract.

(h) The person with whom a contract is made shall provide the performance and payment bonds required by law.

(i) A check or bond provided under Subsection (f) is forfeited to the authority if the successful bidder fails or refuses to:

(1) enter into a proper contract; or

(2) provide a bond as required by law.

(j) The authority may reject any or all bids and may waive any irregularity in the bids.

(k) This section does not prohibit the authority from taking the following actions by negotiated contract and without necessity for advertising for bids:

(1) purchasing or acquiring land or an interest in land from any person;

(2) acquiring, constructing, or improving pollution control or waste collection and disposal facilities as provided by Chapter 30, Water Code, Chapter 383, Health and Safety Code, or other applicable law; or

(3) purchasing or acquiring surplus property from a governmental entity.

Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.03, eff. April 1, 2021.