(a) This section applies only to a highway that is part of the state highway system.
(b) Except as provided by Subsection (c) and § 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.

Terms Used In Texas Transportation Code 223.001

  • Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
  • Contract: A legal written agreement that becomes binding when signed.
  • Statute: A law passed by a legislature.

(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.

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