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RULE §9.11Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Advertisement--The public announcement required by law inviting bids for work to be performed or materials to be furnished.

  (2) Alternate bid item--A bid item identified by the department as an acceptable substitute for a regular bid item.

  (3) Apparent low bidder--The bidder determined to have the numerically lowest total bid as a result of the tabulation of bids by the department.

  (4) Available bidding capacity--The contractor's approved bidding capacity less uncompleted work on department contracts.

  (5) Award--The commission's acceptance of a contractor's bid for a proposed contract that authorizes the department to enter into a contract.

  (6) Bid--The offer of the bidder for performing the work described in the plans and specifications including any changes made by addenda.

  (7) Bid bond--The security executed by the contractor and the surety furnished to the department to guarantee payment of liquidated damages if the contractor fails to enter into an awarded contract.

  (8) Bidder--An individual, partnership, limited liability company, corporation, or joint venture submitting a bid for a proposed contract.

  (9) Bidder's Questionnaire--A prequalification form that reflects detailed equipment and experience data but waives audited financial data.

  (10) Bidding capacity--The maximum dollar value a contractor may have under contract with the department at any given time.

  (11) Bid error--A mathematical mistake by the bidder in the unit bid price entered in the bid.

  (12) Bid guaranty--The security furnished by the bidder as a guaranty that the bidder will enter into a contract if awarded the work.

  (13) Building contract--A contract entered under Transportation Code, Chapter 223, Subchapter A, for the construction or maintenance of a department building or appurtenant facilities. Building contracts are considered to be highway improvement contracts.

  (14) Certificate of insurance--A form approved by the department covering insurance requirements stated in the contract.

  (15) Certification of Eligibility Status form--A notarized form describing any suspension, voluntary exclusion, ineligibility determination actions by an agency of the federal government, indictment, conviction, or civil judgment involving fraud, official misconduct, each with respect to the bidder or any person associated with the bidder in the capacity of owner, partner, director, officer, principal investor, project director/supervisor, manager, auditor, or a position involving the administration of federal funds, covering the three-year period immediately preceding the date of the qualification statement.

  (16) Commission--The Texas Transportation Commission or authorized representative.

  (17) Confidential Questionnaire--A prequalification form reflecting detailed financial and experience data.

  (18) Construction contract--A contract entered under Transportation Code, Chapter 223, Subchapter A, for the construction or reconstruction of a segment of the state highway system.

  (19) Department--The Texas Department of Transportation.

  (20) Disadvantaged business enterprise (DBE)--Has the meaning assigned by §9.202(4) of this chapter (relating to Definitions).

  (21) District engineer--The chief executive officer in each of the designated district offices of the department.

  (22) Electronic Bidding System (EBS)--The department's automated system that allows bidders to enter and submit their bid information electronically.

  (23) Electronic vault--The secure location where electronic bids are stored prior to bid opening.

  (24) Emergency--Any situation or condition of a designated state highway, resulting from a natural or man-made cause, that poses an imminent threat to life or property of the traveling public or which substantially disrupts or may disrupt the orderly flow of traffic and commerce.

  (25) Executive director--The executive director of the Texas Department of Transportation or the director's designee not below the level of district engineer or division director.

  (26) Highway improvement contract--A contract entered into under Transportation Code, Chapter 223, Subchapter A, for the construction, reconstruction, or maintenance of a segment of the state highway system, or for the construction or maintenance of a building or other facility appurtenant to a building.

  (27) Historically underutilized business (HUB)--Has the meaning assigned by §9.352 of this chapter (relating to Definitions).

  (28) Joint venture--Any combination of individuals, partnerships, limited liability companies, or corporations submitting a single bid.

  (29) Letting official--The executive director or any department employee empowered by the executive director to officially receive bids and close the receipt of bids at a letting.

  (30) Maintenance contract--A contract entered under Transportation Code, Chapter 223, Subchapter A, for the maintenance of a segment of the state highway system.

  (31) Materially unbalanced bid--A bid which generates a reasonable doubt that award to the bidder submitting a mathematically unbalanced bid will result in the lowest ultimate cost to the state.

  (32) Mathematically unbalanced bid--A bid containing lump sum or unit bid items that do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder's anticipated profit, overhead costs, and other indirect costs.

  (33) Regular bid item--A bid item contained in a bid form and not designated as an alternate bid item.

  (34) Routine maintenance contract--Contracts let through the routine maintenance contracting procedure to preserve and repair roadways and rights of way, with all its components, to its designed or accepted configuration.

  (35) Small business enterprise (SBE)--Has the meaning assigned by §9.302 of this chapter (relating to Definitions).

Source Note: The provisions of this §9.11 adopted to be effective November 23, 1994, 19 TexReg 8867; amended to be effective May 25, 1995, 20 TexReg 3574; amended to be effective September 22, 1995, 20 TexReg 7085; 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 7, 2006, 31 TexReg 9751; amended to be effective December 11, 2008, 33 TexReg 10054; amended to be effective January 4, 2017, 41 TexReg 10663

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