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Texas Statutes (Last Updated: January 4, 2014) |
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TRANSPORTATION CODE |
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Title 6. ROADWAYS |
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Subtitle K. MASS TRANSPORTATION |
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Chapter 460. COORDINATED COUNTY TRANSPORTATION AUTHORITIES |
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Subchapter F. MANAGEMENT OF AUTHORITY |
Sec. 460.406. PURCHASES: COMPETITIVE BIDDING
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(a) Except as provided by Subsection (c), an authority may not award a contract for construction, services, or property, other than real property, except through the solicitation of competitive sealed bids or proposals ensuring full and open competition.
(b) The authority shall describe in a solicitation each factor to be used to evaluate a bid or proposal and give the factor's relative importance.
(c) The board of directors may authorize the negotiation of a contract without competitive sealed bids or proposals if:
(1) the aggregate amount involved in the contract is $50,000 or less;
(2) the contract is for construction for which not more than one bid or proposal is received;
(3) the contract is for services or property for which there is only one source or for which it is otherwise impracticable to obtain competition;
(4) the contract is to respond to an emergency for which the public exigency does not permit the delay incident to the competitive process;
(5) the contract is for personal or professional services or services for which competitive bidding is precluded by law;
(6) the contract, without regard to form and which may include bonds, notes, loan agreements, or other obligations, is for the purpose of borrowing money or is a part of a transaction relating to the borrowing of money, including:
(A) a credit support agreement, such as a line or letter of credit or other debt guaranty;
(B) a bond, note, debt sale or purchase, trustee, paying agent, remarketing agent, indexing agent, or similar agreement;
(C) an agreement with a securities dealer, broker, or underwriter; and
(D) any other contract or agreement considered by the board of directors to be appropriate or necessary in support of the authority's financing activities;
(7) the contract is for work that is performed and paid for by the day as the work progresses;
(8) the contract is for the purchase of land or a right-of-way;
(9) the contract is for the purchase of personal property sold:
(A) at an auction by a state licensed auctioneer;
(B) at a going out of business sale held in compliance with Subchapter F, Chapter 17, Business & Commerce Code; or
(C) by a political subdivision of this state, a state agency, or an entity of the federal government;
(10) the contract is for services performed by blind or severely disabled persons;
(11) the contract is for the purchase of electricity; or
(12) the contract is one awarded for alternate project delivery under Subchapters E, F, and G, Chapter 2267, Government Code.
(d) For the purposes of entering into a contract authorized by Subsection (c)(12), an authority is considered a "governmental entity" as described by Section 2267.002, Government Code.