- (a) Award of construction contracts will be made by the commission except in cases of emergency outlined in §123.31(c) of this chapter (relating to Emergency Bidding and Awards Procedures). Award will be based upon the lowest and best bid received from a qualified bidder, except as set out in subsection (g) of this section.
- (b) All conditions which bear upon the quality of a bid proposal will be considered when making an award. The commission reserves the right to reject any or all bids.
- (c) Award shall become effective upon the date that a bidder's proposal or any part thereof is formally accepted by the commission.
- (d) Notice of award to the successful bidder shall be in writing and shall state the basis of award.
- (e) Prior to execution of the construction contract, contractor shall furnish required bonds and insurance. FCSMD will review and approve the bonds and insurance. The contractor executed contract forms, in triplicate originals, will be executed by GSC and an original will be returned to the contractor and project architect/engineer. The Notice to Proceed may then be issued.
(f) Construction contract documents shall consist of the following:
- (1) the contractor's proposal;
- (2) the notice and description of the award;
- (3) the bidding documents;
- (4) all addenda to the plans and specifications issued prior to bid opening.
- (5) all changes in the work made after award of contract.
- (g) Prior to making an award of a construction contract for a major repair or renovation of a structure designated by the Texas Historical Commission as a recorded Texas Historic Landmark, the GSC shall submit copy of the bids received and the bid evaluation to the Texas Historical Commission for a recommendation concerning award. The commission may award the construction contract to a bidder other than the lowest bidder based on the recommendation of the Texas Historical Commission.
Source Note:The provisions of this §123.30 adopted to be effective August 13, 2000, 25 TexReg 7626.