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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 9CONTRACT AND GRANT MANAGEMENT
SUBCHAPTER IDESIGN-BUILD CONTRACTS
RULE §9.153Solicitation of Proposals

the commission. The proposers will be notified in writing of the department's rankings. The department shall also make the rankings available to the public.

(j) Negotiations with selected entity. If authorized by the commission, the department will attempt to negotiate a design-build contract with the apparent best value proposer. If a design-build contract satisfactory to the department cannot be negotiated with that proposer, or if, in the course of negotiations, it appears that the proposal will not provide the department with the overall best value, the department will formally and in writing end negotiations with that proposer and, in its sole discretion, either:

  (1) reject all proposals;

  (2) modify the request for proposals and begin again the submission of proposals; or

  (3) proceed to the next most highly ranked proposal and attempt to negotiate a design-build contract with that entity in accordance with this paragraph.


Source Note: The provisions of this §9.153 adopted to be effective March 15, 2012, 37 TexReg 1780; amended to be effective July 19, 2012, 37 TexReg 5334; amended to be effective September 14, 2016, 41 TexReg 7134

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