(a) Official bid amount. Except for lump sum building
contract bid items, the official total bid amount for each bidder
will be determined by multiplying the unit bid price written in for
each item by the respective quantity and totaling those amounts.
(b) Department interpretations.
(1) Bids where unit bid prices have been left blank
will be considered by the department to be incomplete and nonresponsive.
If a bid has a regular and a corresponding alternate bid item or group
of items, the bid will not be considered to be incomplete if either
the regular bid item, or group of items, or the alternate bid item,
or group of items, has a unit bid price entered. If both a regular
bid item, or group of items, and a corresponding alternate bid item,
or group of items, are left blank, the bid will be considered to be
incomplete and nonresponsive. A bidder who elects to bid on a bid
item group corresponding to a regular or alternate bid item, or group
of items, must include unit bid prices for each bid item contained
in the bid item group.
(2) Bid entries such as no dollars and no cents, zero
dollars and zero cents, or numerical entries of $0.00 will be interpreted
to be one-tenth of a cent ($.001) and will be entered in the bid tabulation
as $.001, except as provided in paragraph (6) of this subsection.
Any entry extended to more than three decimal places will be rounded
to the nearest tenth of a cent and entered as such. For rounding purposes
contained in this subsection, entries of five-hundredths of a cent
or more will be rounded up to the next highest tenth of a cent, while
entries of four-hundredths of a cent or less will be rounded down
to the next lowest tenth of a cent.
(3) If the bidder submits both an electronic bid and
a properly completed manual bid, the department will use the electronic
bid to determine the total bid amount of the bid. If the bidder submits
an electronic bid and a manual bid that is not complete, the department
will use the electronic bid to determine the total bid amount of the
bid.
(4) If the bidder submits two or more manual bids,
all responsive manual bids will be tabulated, and the department will
use the lowest bid tabulation to determine the total bid amount of
the bid.
(5) If a unit bid price is illegible, the department
will make a documented determination of the unit bid price for tabulation
purposes.
(6) If a unit bid price has been entered for both the
regular bid item, or group of items, and a corresponding alternate
bid item, or group of items, the department will determine the option
that results in the lowest total cost to the state and tabulate as
such, except as provided in subparagraphs (A) and (B) of this paragraph.
If both the regular and alternate bids result in the same cost to
the state, the department will select the regular bid item or items.
(A) If both a regular bid item or a group of items,
and a corresponding alternate bid item or group of items, have an
entry such as no dollars and no cents, zero dollars and zero cents,
or numerical entries of $0.00, the department will make two calculations
using one-tenth of a cent ($.001) for each item as described in paragraph
(2) of this subsection. The department will determine the option that
results in the lowest total cost to the state and tabulate as such.
If both the regular and alternate bids result in the same cost to
the state, the department will select the regular bid item or items.
(B) If a unit bid price greater than zero has been
entered for either a regular bid or corresponding alternate bid item,
or a group of items, and an entry of no dollars and no cents, zero
dollars and zero cents, or a numerical entry of $0.00 has been entered
for the other corresponding item, or group of items, the department
will use the unit bid price that is greater than zero for bid tabulation.
(c) Tie bids. In the event the official bid amount
for two or more bidders is equal and those bids are the lowest submitted,
each tie bidder will be given an opportunity to withdraw its bid.
If two or more tie bidders decline to withdraw their bids, the low
bidder will be determined by a coin toss. If all tie bidders request
to withdraw their bids, no withdrawals will be allowed and the low
bidder will be determined by a coin toss.
(d) Bid guaranty. Not later than 72 hours after bids
are opened, the department will mail the check or money order bid
guaranty of each bidder except the apparent low bidder to the address
specified on the return bidder's check form included in the bid. Bid
bonds will not be returned.
(e) Bid errors. The department will consider a bid
error that meets the notification requirements contained in paragraph
(1) of this subsection and satisfies the criteria contained in paragraph
(2) of this subsection in the award of a contract.
(1) The apparent low bidder must submit written notification
of an alleged bid error to the department within five business days
after the date bids are opened for the project. The notification must
identify the items of work involved and must include bid documentation,
such as quotes received, calculations made, or other related documentation
used in bid preparation that substantiates the alleged error. Once
the notification is submitted to the department, it may not be revised
or supplemented unless additional information is requested by the
department.
(2) The department will consider the following criteria
in determining whether a bid error exists:
(A) the alleged bid error relates to a material item
of work contained in the bid;
(B) the alleged bid error is a significant portion
of the total bid as compared to the intended bid contained in the
documentation submitted by the contractor in accordance with paragraph
(1) of this subsection, and other contractor bids;
(C) the alleged bid error occurred despite the contractor's
exercise of ordinary care in preparing its bid; and
(D) delay in the completion of the project will not
have a significant impact on the cost to and safety of the public.
(3) The department may consider an alleged bid error
caused by an effort to unbalance the bid as failure to exercise ordinary
care.
(4) When the engineer's estimate on a project is less
than $1 million, the executive director may determine whether a bid
error exists under the same conditions and criteria as provided in
paragraphs (1) and (2) of this subsection.
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Source Note: The provisions of this §9.16 adopted to be effective November 23, 1994, 19 TexReg 8867; amended to be effective May 25, 1995, 20 TexReg 3574; amended to be effective December 12, 1999, 24 TexReg 10901; amended to be effective January 4, 2001, 25 TexReg 13007; amended to be effective July 18, 2002, 27 TexReg 6345; amended to be effective June 17, 2004, 29 TexReg 5795; amended to be effective December 11, 2008, 33 TexReg 10054; amended to be effective April 20, 2023, 48 TexReg 1968; amended to be effective May 15, 2024, 49 TexReg 3373 |