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) Award--The commission's acceptance of a bid for
a proposed contract that authorizes the department to enter into a
contract.
(5) Bid--The offer of the bidder for performing the
work described in the plans and specifications including any changes
made by addenda.
(6) Bid bond--The security executed by the bidder and
the surety furnished to the department to guarantee payment of liquidated
damages if the bidder fails to enter into an awarded contract.
(7) Bid error--A mathematical mistake by the bidder
in the unit bid price entered in the bid.
(8) Bid guaranty--The security furnished by the bidder
as a guaranty that the bidder will enter into a contract if awarded
the work.
(9) Bidder--A person that submits a bid for a proposed
contract.
(10) Bidder's Questionnaire--A prequalification form,
prescribed by the department, that reflects detailed equipment and
experience data but waives audited financial data.
(11) Bidding capacity--The maximum dollar value, as
determined by the department, of all of the highway improvement contracts,
other than building contracts, that a person may have with the department
at any given time.
(12) 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.
(13) Certificate of insurance--A form approved by the
department covering insurance requirements stated in the contract.
(14) 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.
(15) Commission--The Texas Transportation Commission
or authorized representative.
(16) Confidential Questionnaire--A prequalification
form, prescribed by the department, reflecting detailed financial
and experience data.
(17) Department--The Texas Department of Transportation.
(18) Disadvantaged business enterprise (DBE)--Has the
meaning assigned by §9.202(4) of this chapter (relating to Definitions).
(19) District engineer--The chief executive officer
in each of the designated district offices of the department.
(20) Electronic Bidding System (EBS)--The department's
automated system that allows bidders to enter and submit their bid
information electronically.
(21) Electronic vault--The secure location where electronic
bids are stored prior to bid opening.
(22) 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.
(23) 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.
(24) 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. The term does not include
a materials contract.
(25) Historically underutilized business (HUB)--Has
the meaning assigned by §9.352 of this chapter (relating to Definitions).
(26) Joint venture--Any combination of individuals,
partnerships, limited liability companies, or corporations submitting
a single bid.
(27) 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.
(28) Maintenance contract--A contract entered under
Transportation Code, Chapter 223, Subchapter A, for the maintenance
of a segment of the state highway system. A maintenance contract is
considered to be highway improvement contract.
(29) 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.
(30) Materials contract--A contract entered under Transportation
Code, Chapter 223, Subchapter A, for the purchase of maintenance materials,
traffic control devices, or safety devices, as described by Transportation
Code, §223.001(b)(2) or (3).
(31) Materials supplier's questionnaire--A prequalification
form, prescribed by the department, that gathers information, such
as company contact, signature authority, and other requirements, to
allow a person to bid on a materials contract.
(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) Person--An individual, partnership, limited liability
company, corporation, or joint venture.
(34) Regular bid item--A bid item contained in a proposal
form and not designated as an alternate bid item.
(35) Small business enterprise (SBE)--Has the meaning
assigned by §9.302 of this chapter (relating to Definitions).
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| 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; amended to be effective April 20, 2023, 48 TexReg 1968;amended to be effective May 15, 2024, 49 TexReg 3373 |
