|(a) Public reading. Bids will be opened and read in
accordance with Transportation Code, §223.004 and §223.005.
Bids for contracts with an engineer's estimate of less than $300,000
may be filed with the district engineer at the headquarters for the
district, and opened and read at a public meeting conducted by the
district engineer, or his or her designee on behalf of the commission.
(b) Bids not read.
(1) The department will not accept and will not read
a bid if:
(A) the bid is submitted by an unqualified bidder;
(B) the bid is in a form other than the official bid
form issued to the bidder;
(C) the certification and affirmation are not signed;
(D) the bid was not in the hands of the letting official
at the time and location specified in the advertisement;
(E) the bidder modifies the bid in a manner that alters
the conditions or requirements for work as stated in the bid;
(F) the bid guaranty, when required, does not comply
with §9.14(d) of this subchapter;
(G) the bidder did not attend a specified mandatory
(H) the bid does not include a fully completed HUB
plan in accordance with §9.356 of this chapter when required;
(I) a computer printout bid, when used, does not have
the unit bid prices entered in designated spaces, is not signed in
the name of the firm or firms to whom the bid was issued, or omits
required bid items or includes items not shown in the bid;
(J) the bidder was not authorized to be issued a bid
form under §9.13(e) of this subchapter;
(K) the bid did not otherwise conform with the requirements
of §9.14 of this subchapter;
(L) the bidder fails to properly acknowledge receipt
of all addenda;
(M) the bid submitted has the incorrect number of bid
(N) the bidder bids more than the maximum or less than
the minimum number of allowable working days shown on the plans when
working days is a bid item.
(2) If bids are submitted on the same project separately
by a joint venture and one or more members of that joint venture,
the department will not accept and will not read any of the bids submitted
by the joint venture and those members for that project.
(3) If bids are submitted on the same project by affiliated
bidders as determined under §9.12(g) of this subchapter, the
department will not accept and will not read any of the bids submitted
by the affiliated bidders for that project.
(c) Revision of bid.
(1) For a manually submitted bid, a bidder may change
a bid price before it is submitted to the department by changing the
price in the printed bid form and initialing the revision in ink;
(2) For a manually submitted bid, a bidder may change
a bid price after it is submitted to the department by requesting
return of the bid in writing prior to the expiration of the time for
receipt of bids, as stated in the advertisement. The request must
be made by a person authorized to bind the bidder. The department
will not accept a request by telephone or telegraph, but will accept
a properly signed facsimile request. The revised bid must be resubmitted
prior to the time specified for the close of the receipt of bids.
(3) For an electronically submitted bid, a bidder may
change a unit bid price in EBS and resubmit electronically to the
electronic vault until the time specified for the close of the receipt
of bids. Each bid submitted will be retained in the electronic vault.
The electronic bid with the latest date and time stamp by the vault
will be used for bid tabulation purposes.
(d) Withdrawal of bid.
(1) A bidder may withdraw a manually submitted bid
by submitting a request in writing before the time and date of the
bid opening. The request must be made by a person authorized to bind
the bidder. The department will not accept telephone or telegraph
requests, but will accept a properly signed facsimile request. Except
as provided in §9.16(c) of this subchapter and §9.17(d)
of this subchapter, a bidder may not withdraw a bid subsequent to
the time for the receipt of bids.
(2) A bidder may withdraw an electronically submitted
bid by submitting an electronic or written request to withdraw the
bid. An electronic withdrawal request must be submitted using EBS.
The request, whether electronic or written, must be submitted by a
person who is authorized by the bidder to submit the request and received
by the department before the time and date of the bid opening.
(e) Unbalanced bids. The department will examine the
unit bid prices of the apparent low bid for reasonable conformance
with the department's estimated prices. The department will evaluate
a bid with extreme variations from the department's estimate, or where
obvious unbalancing of unit prices has occurred. For the purposes
of the evaluation, the department will presume the same retainage
percentage for all bidders. In the event that the evaluation of the
unit bid prices reveals that the apparent low bid is mathematically
and materially unbalanced, the bidder will not be considered in future
bids for the same project.
|Source Note: The provisions of this §9.15 adopted to be effective November 23, 1994, 19 TexReg 8867; amended to be effective September 22, 1995, 20 TexReg 7086; amended to be effective December 12, 1999, 24 TexReg 10901; amended to be effective January 4, 2001, 25 TexReg 13007; amended to be effective June 17, 2004, 29 TexReg 5795; amended to be effective December 8, 2005, 30 TexReg 8181; amended to be effective December 11, 2008, 33 TexReg 10054; amended to be effective January 4, 2017, 41 TexReg 10663; amended to be effective September 19, 2018, 43 TexReg 5996