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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 9CONTRACT AND GRANT MANAGEMENT
SUBCHAPTER BHIGHWAY IMPROVEMENT CONTRACTS
RULE §9.13Notice of Letting and Issuance of Bid Forms

(a) Notice to Contractors. A person may apply to have his or her name placed on a list to receive the Notice to Contractors electronically.

(b) Application for notice. The following entities will receive the Notice to Contractors:

  (1) qualified bidders approved under §9.12 of this subchapter (relating to Qualification of Bidders);

  (2) disadvantaged business enterprises and historically underutilized businesses; and

  (3) organizations performing work under supportive service contracts awarded by the commission.

(c) Notice of Bids. The department will advertise contracts on the Electronic State Business Daily maintained and operated by the Comptroller of Public Accounts.

(d) Bid form.

  (1) Bid form content. A bid form may include:

    (A) the location and description of the proposed work;

    (B) an approximate estimate of the various quantities and kinds of work to be performed or materials to be furnished;

    (C) a schedule of items for which unit prices are requested;

    (D) the time within which the work is to be completed; and

    (E) the special provisions and special specifications.

  (2) Form of request. A request for a bid form on a highway improvement contract should be made using the department's electronic system. On the written or emailed request of a contractor, the department may enter a form request into the system on behalf of the contractor if the requester is identified as the person authorized to sign for the contractor.

(e) Issuance of bid form.

  (1) Construction and maintenance contracts.

    (A) Issuance. Except where prohibited under subparagraph (B) of this paragraph, the department will, upon receipt of a request, issue a bid form for a construction or maintenance contract only to a bidder who qualifies under §9.12(c) or (d) of this subchapter, as appropriate, and only if the estimated cost of the project is within that bidder's available bidding capacity.

    (B) Non-issuance. Except as provided in subparagraph (C) of this paragraph, the department will not issue a bid form requested by a bidder for a construction or maintenance contract if at the time of the request the bidder:

      (i) is disqualified by an agency of the federal government as a participant in programs and activities involving federal assistance and benefits, and the contract is for a federal-aid project;

      (ii) is suspended or debarred by order of the commission;

      (iii) is prohibited from rebidding a specific project because of default of the first awarded contract;

      (iv) has not fulfilled the requirements for qualification under §9.12 of this subchapter;

      (v) is prohibited, or an affiliate of the bidder is prohibited, from rebidding that project as a result of having previously submitted a bid that led to the department re-letting the project; or

      (vi) is prohibited from participating in the contract because of a decision of the Deputy Executive Director under §9.24 of this chapter (relating to Performance Review Committee and Actions).

    (C) Exceptions. The department may issue a bid form:

      (i) under a temporary approval to a bidder who would be ineligible under subparagraph (B)(iv) of this paragraph if the bidder has substantially complied with the requirements of §9.12 of this subchapter; or

      (ii) to a bidder who would be ineligible under subparagraph (B)(v) of this paragraph if the bidder holds an exception to ineligibility granted under §9.12(g) of this subchapter.

  (2) Building contracts.

    (A) Issuance. Except as provided in subparagraph (B) of this paragraph, the department will issue, upon request, a bid form to a bidder having complied with §9.12(h) of this subchapter.

    (B) Non-issuance. The department will not issue a bid form requested by a bidder for a building contract if, at the time of the request, the bidder:

      (i) is disqualified by an agency of the federal government as a participant in programs and activities involving federal assistance and benefits and the contract is a federal-aid project;

      (ii) is suspended or debarred by order of the commission; or

      (iii) is prohibited from bidding that project because of default of the first awarded contract.

  (3) All contracts. The department will not issue a bid form for a highway improvement contract to a bidder if the bidder or a subsidiary or affiliate of the bidder has received compensation from the department to participate in the preparation of the plans or specifications on which the bid or contract is based.


Source Note: The provisions of this §9.13 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 7086; amended to be effective December 12, 1999, 24 TexReg 10901; amended to be effective July 18, 2002, 27 TexReg 6345; amended to be effective December 11, 2008, 33 TexReg 10054; amended to be effective November 17, 2011, 36 TexReg 7677; amended to be effective January 4, 2017, 41 TexReg 10663; amended to be effective September 19, 2018, 43 TexReg 5996

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