1. (a) The services of a contractor will be obtained by competitive bids except as provided in these rules.

2. (b) The executive director or his designee may waive the competitive bid requirement under the following conditions:

   1. (1) when construction or repair work is needed without delay to protect the health or safety of any person or to preserve or protect state property from damage; or
   2. (2) when it is determined that the interest of the state will be best served if the work is accomplished by one or more selected sources, in accordance with established, approved criteria.
   3. (3) A statement clearly outlining the criteria and justification for selecting one or more sources to perform the work must be placed in the project file.

3. (c) The executive director or his designee may solicit competitive proposals as provided in §61.25 of this title (relating to Solicitation, Evaluation, and Selection of Proposals) to negotiate contracts for:

   1. (1) professional services, including project management, design, construction, and construction administration; and
   2. (2) construction services.

Source Note:The provisions of this §61.21 adopted to be effective January 2, 1997, 21 TexReg 12422; amended to be effective April 12, 2000, 25 TexReg 3056.