1 TAC §123.18
The General Services Commission proposes an amendment to
§123.18 concerning bidding procedures for state construction contracts.
The amendment is being proposed to streamline the bidding procedure by eliminating
the requirement for a contractor to receive permission from the Commission
to obtain bidding documents.
Mr. Bobby Huston, Director of Facilities Construction and Space Management,
has determined for the first five year period the rule is in effect, there
will be no adverse effect to state or local government as a result of enforcing
the rule.
Mr. Bobby Huston, Director of Facilities Construction and Space Management,
further determines that for each year of the first five-year period the amendment
is in effect, the public benefit anticipated as a result of enforcing the
rule will be more efficient administration of bidding procedures. There will
be no effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Judy Ponder, General Counsel,
General Services Commission, P.O. Box 13047, Austin, TX 78711-3047. Comments
must be received no later than 30 days from the date of publication of the
proposal in the
Texas Register
.
The amendment to §123.18 is proposed under the authority
of the Texas Government Code, Title 10, Subtitle D, Chapter 2166, §2166.062,
which provides the General Services Commission with the authority to promulgate
rules consistent with the code.
The following code is affected by the proposed amendment: Government Code,
Title 10, Subtitle D, Chapter 2166.
§123.18. Bidding Procedures.
(a)-(c)
(No change.)
[
(d)
To eliminate the expense
of bid preparation by a contractor not qualified to perform the work, a contractor
must have permission of the commission to obtain bidding documents.]
(d)
[
(e)
] All bids submitted must be
accompanied by either a bid bond, cashier's check, or certified check in the
amount of 5.0% of the bid submitted.
(e)
[
(f)
] Bid proposal must be submitted
on the form, or clear reproduction thereof, provided with the bid documents.
(f)
[
(g)
] Failure to identify sealed
envelopes containing bid proposal(s) will not disqualify a bid but may increase
the possibility of bids being inadvertently misdirected and not officially
received in proper time. It is the sole responsibility of bidders to deliver
the bid proposal(s) to the commission at the designated bid receipt location
prior to the time they are scheduled to be open and read. Any bid not received
at the designated location or received after the designated time will be returned
unopened to the bidder.
(g)
[
(h)
] Bidding documents shall include
the plans and specifications, including all addenda issued thereto. Bidders
are assumed to have given full consideration to the entire content thereof
when they submit a proposal.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
June 28, 1999.
TRD-9903808
Judy Ponder
General Counsel
General Services Commission
Earliest possible date of adoption: August 8, 1999
For further information, please call: (512) 463-3960