1. (a) Applicable laws and rules. The Applicant shall comply with State procurement laws and rules and with applicable federal procurement rules.
2. (b) Executive administrator approval required. The Applicant shall not proceed to advertising for bids on the project without express written approval of the solicitation documents by the executive administrator.
3. (c) Changes prior to award. If the Applicant needs to alter the plans and specifications and contract documents after the executive administrator's approval, then the Applicant shall provide the information relating to the change and the reasons for the changes. The executive administrator must affirmatively approve the changes. This subsection does not apply to addenda issued in the ordinary course of the solicitation.
4. (d) Contract award. The text of a construction contract or a contract containing construction phase work submitted for approval prior to advertising shall contain the same language and provisions as the contingently executed contract.
5. (e) Pre-construction conference. The Applicant shall conduct a preconstruction conference on significant construction contracts to address the contents of the executed contract documents with the project owner, the project engineer, the prime contractor, and other appropriate parties in attendance. The Applicant shall provide the executive administrator with at least five days advance notice of the date, time and location of the conference.
6. (f) Notice to proceed. The executive administrator shall review the executed contract documents and upon acceptance of same shall advise the Applicant that a notice to proceed may issue to the contractor.
7. (g) No liability. The executive administrator and the Board shall have no liability for any event arising out of or in any way related to the contracts for or construction of the project.

Source Note:The provisions of this §371.62 adopted to be effective August 4, 2010, 35 TexReg 6680.