|(a) Acceptable methods. Bids for department highway
improvement contracts may be submitted either manually or electronically.
(b) Manually submitted bids. For the purpose of manually
submitting a bid, an acceptable bid form is the form that is printed
and given to the bidder by the department, a computer printout that
meets the requirements of paragraph (3) of this subsection, or a form
printed by the bidder from EBS.
(1) Delivery of Bid. The bidder shall place each completed
bid form in a sealed envelope marked to show its contents. When submitted
by mail, this envelope shall be placed in another envelope which shall
be sealed and addressed as indicated in the notice. Bids must be received
on or before the hour and date set for the receipt and opening of
bids and must be in the hands of the department letting official by
(2) Bid content. The bidder shall submit the bid in
compliance with the following requirements.
(A) Except as provided in subparagraph (B) of this
paragraph and paragraph (3) of this subsection, the blank spaces for
each item as required in the bid form shall be filled in by writing
in words in ink.
(B) The bidder shall submit a unit price for each item
for which a bid is requested (including a zero if appropriate), except
in the case of a regular bid item that has an alternate bid item.
In such case, prices must be submitted for the base bid or with the
set of items of one or more of the alternates.
(C) The bid shall be executed with ink in the complete
and correct name of the bidder making the bid and be signed by the
person or persons authorized to bind the bidder.
(D) Except in the case of a regular bid item that has
an alternate bid item, unit prices shall be stated in dollars and/or
cents for each bid item listed in the bid form.
(3) Computer printouts.
(A) For manually submitted bids, a bidder may, in lieu
of writing in words in ink, submit an original computer printout sheet
bearing the authorized signature for the bidder. The unit prices shown
on acceptable printouts will be the official unit prices used to tabulate
the official total bid amount and used in the contract if awarded
by the commission.
(B) Computer printouts are not acceptable on building
(c) Electronically submitted bids. In lieu of submitting
a printed bid form, the bidder may submit the bid electronically using
EBS in accordance with this subsection.
(1) Bids must be received by the electronic vault on
or before the time and date set for the receipt and opening of bids.
(2) For the submission or withdrawal of electronic
bids, the bidder is responsible for obtaining its use of a computer
system and access to the Internet.
(3) The department is not responsible for a bidder
being unable to submit or withdraw a bid due to the unavailability
of the Internet.
(4) The bid shall be in the correct name of the bidder
making the bid.
(d) Bid guaranty. Except as provided in paragraph (4)
of this subsection, a bidder must submit a bid guaranty with the bid
for a contract that, on the date of the release of its advertisement,
has an engineer's estimate of more than $25,000. The amount of the
guaranty is equal to two percent of the estimate, rounded to the nearest
$1,000, not to exceed $100,000.
(1) Except as provided in paragraph (2) or (4) of this
subsection, the bid guaranty must be made payable to the order of
the commission and in the form of a cashier's check, money order,
or teller's check drawn by or on a state or national bank, savings
and loan association, or a state or federally chartered credit union
(collectively referred to as a "bank"). The check must be payable
at or through the institution issuing the instrument, or must be drawn
by a bank on a bank, or by a bank and payable at or through a bank.
The form of the instrument must be identified on the instrument's
(2) A bidder may submit a bid bond, in lieu of providing
the guaranty required in paragraph (1) of this subsection. The bid
bond shall be on the form specified by the department. A bid bond
will only be accepted from a surety company authorized to execute
a bond under and in accordance with state law. The bond must be dated
on or before the date of the bid opening, bear the impressed seal
of the surety company and the name of the bidder, and be signed by
the bidder or bidders, in the case of a joint venture, and an authorized
representative of the surety company. As an alternative for joint
venture bidders, each of the bidders may submit a separate bid bond,
completed as outlined in this paragraph. Powers of attorney must be
attached to the bid bond. The bid bond amount required by the department
must be within the surety company's authorized bonding limit.
(3) The department will not accept as a bid guaranty:
(A) personal checks or certified checks;
(B) other types of money orders; or
(C) checks or money orders more than 90 days old.
(4) For bids submitted electronically under subsection
(c) of this section, the bid guaranty must be an electronic bid bond,
the form of which must be the most current version issued by the department.
For joint venture bidders, the bond must be made in the name of all
joint venture bidder participants. The bond authorization code must
be entered into the authorization code field contained in EBS. Only
bond authorization codes from the companies listed in the most recent
version of EBS are acceptable. Printed checks or bid bond forms are
not acceptable as guaranties for electronic bids.
|Source Note: The provisions of this §9.14 adopted to be effective November 23, 1994, 19 TexReg 8867; amended to be effective November 25, 1996, 21 TexReg 11627; amended to be effective December 12, 1999, 24 TexReg 10901; amended to be effective January 4, 2001, 25 TexReg 13007; amended to be effective October 21, 2001, 26 TexReg 8195; amended to be effective July 18, 2002, 27 TexReg 6345; amended to be effective December 11, 2008, 33 TexReg 10054; amended to be effective April 18, 2017, 42 TexReg 2008