TxDOT RESERVED RIGHTS. In connection with this procurement, TxDOT reserves to itself all rights (which rights shall be exercisable by TxDOT in its sole discretion) available to it under the Code, the Rules and applicable law, including without limitation, with or without cause and with or without notice, the right to: • Develop the Project in any manner that it, in its sole discretion, deems necessary. If TxDOT is unable to negotiate a CDA to its satisfaction with a Proposer, it may negotiate with the next highest rated Proposer, terminate this procurement and pursue other development or solicitations relating to the Project or exercise such other rights under the Code and other provisions of Texas law as it deems appropriate. • Cancel this RFQ or the subsequent RFDP in whole or in part at any time prior to the execution by TxDOT of a CDA, without incurring any cost obligations or liabilities. • Not issue an RFDP. • Reject any and all submittals, responses and QSs received at any time. • Modify all dates set or projected in this RFQ. • Terminate evaluations of responses received at any time. • Suspend and terminate CDA negotiations at any time, elect not to commence CDA negotiations with any responding Proposer and engage in negotiations with other than the highest ranked Proposer. • Issue addenda, supplements and modifications to this RFQ. • Appoint evaluation committees to review QSs, make recommendations to the Commission and seek the assistance of outside technical experts and consultants in QS evaluation. • Require confirmation of information furnished by a Proposer, require additional information from a Proposer concerning its QS and require additional evidence of qualifications to perform the work described in this RFQ. • Seek or obtain data from any source that has the potential to improve the understanding and evaluation of the responses to this RFQ. • Add or delete Proposer responsibilities from the information contained in this RFQ or any subsequent RFDP. • Waive deficiencies in a QS, accept and review a non-conforming QS or permit clarifications or supplements to a QS. • Disqualify any Proposer which changes its submittal without TxDOT approval. • Not issue a notice to proceed after execution of the CDA. • Exercise any other right reserved or afforded to TxDOT under this RFQ and applicable law. This RFQ does not commit TxDOT to enter into a contract or proceed with the procurement described herein. Except as expressly set forth in Section 3.1, TxDOT and the State of ...
