Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter B - CONTRACTS FOR HIGHWAY PROJECTS › Section 9.11 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
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) Bidder--A person that
				  submits a bid for a proposed contract.
(8) Bidder's Questionnaire--A
				  prequalification form, prescribed by the department, that reflects detailed
				  equipment and experience data but waives audited financial data.
(9) 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.
(10)
				  Bid error--A mathematical mistake by the bidder in the unit bid price entered
				  in the bid.
(11) Bid guaranty--The
				  security furnished by the bidder as a guaranty that the bidder will enter into
				  a contract if awarded the work.
(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)
				  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).
(30) 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.
(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) 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) Routine maintenance contract--A
				  maintenance contract that is 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.
(36) Small business enterprise (SBE)--Has the
				  meaning assigned by §
										9.302 of this chapter (relating to
				  Definitions).