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Senate Bill 370 Report – Construction and Maintenance Contracting

B. Construction and Maintenance Contracting

1. Electronic funds transfer.

Electronic bidding allows contractors to submit their bids for contract work electronically to TxDOT. Its establishment will eliminate the need for contractors to either mail or deliver their bids. A major benefit of electronic bidding is that the contractors’ use of the system can reduce errors. In automating their bids, contractors will impose a computerized self-check before transmittal, thereby ensuring that certain information is present and that mathematical calculations are correct. By eliminating these errors, electronic bidding will reduce the number of bids that are disqualified and ensure that TxDOT is able to consider as many responsive bids as possible. A possible hindrance to successful initiation of an electronic bidding system is related to the requirement that bidders submit a guaranty check along with their bid. A cashier’s check is required, which TxDOT returns within 72 hours to the losing bidders. The winning bidder’s check is held as a guaranty for up to 30 days until the contract is executed. While the electronic process will replicate the current manual bid process, TxDOT needs statutory authorization to receive a bid guaranty electronically, release an electronically transmitted guaranty, and take possession of the guaranty when necessary.

Possible statutory change: Allow TxDOT to electronically verify, release and accept a bid guaranty. This authority should allow TxDOT to receive and disburse funds when necessary by electronic means, and then transfer those funds to the state treasury in the case of contractor default.

2. Child support enforcement requirements.

The current statutory requirement that all bids submitted by a bidder must include the name and Social Security number (SSN) of all owners of 25 percent or more of the business on the bid document itself, has resulted in a total of 112 bids being considered non-responsive through August 1998, and thereby rejected for non-compliance. The purpose of this statute is to assist in the state’s child care collection efforts. TxDOT believes that the collection of the SSN of all bidders can be better collected through other TxDOT documents rather than on the bid itself. Highway improvement contracts are awarded on a low-bid basis and rejecting potential bids has resulted in decreased competition. The potential result of reduced competition is an increased cost to the state for contracted services.

Possible statutory change: Legislation could allow TxDOT to collect the required information (SSN of certain business owners) on either the pre-bid qualification form, which is also required of all bidders, or in another expedient and efficient manner. If any information relevant to owners of 25 percent or more of the business were to change, the bidder should be required by statute to update the Social Security numbers already on file.

 
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