TRANSPORTATION CODE

TITLE 6. ROADWAYS

SUBTITLE B. STATE HIGHWAY SYSTEM

CHAPTER 223. BIDS AND CONTRACTS FOR HIGHWAY PROJECTS

SUBCHAPTER A. COMPETITIVE BIDS

Sec. 223.001.  CONTRACT REQUIRING COMPETITIVE BIDS.  (a)  This section applies only to a highway that is part of the state highway system.
(b)  Except as provided by Subsection (c) and Section 223.042(c), the department shall submit for competitive bids each contract for:
(1)  the improvement of a highway;
(2)  materials to be used in the construction or maintenance of a highway; or
(3)  traffic control or safety devices to be used on a highway.
(c)  The department may award a contract described by Subsection (b)(2) or (3) as a purchase of goods under Subtitle D, Title 10, Government Code, except as provided by Subsection (d), if the department:
(1)  estimates that the contract will be within an amount for which purchasing authority has been delegated to state agencies under statute or rules adopted by the comptroller; and
(2)  determines that the competitive bidding procedure in this chapter is not practical.
(d)  An award under Subsection (c) for a contract described by Subsection (b)(2) must be made to the lowest responsive bidder.
(e)  After the award of a contract described by Subsection (c), the department shall post on the department's Internet website the bid tabulation for that contract.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 431 (S.B. 1092), Sec. 1, eff. June 4, 2019.
Acts 2021, 87th Leg., R.S., Ch. 394 (S.B. 1270), Sec. 1, eff. June 7, 2021.