The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Available bidding capacity--Bidding capacity less uncompleted work under contract.
2. (2) Bidder--An individual, partnership, limited liability company, corporation or any combination submitting a proposal.
3. (3) Bidding capacity--The maximum dollar value a contractor may have under contract at any given time.
4. (4) Building contract--A contract entered under Texas Civil Statutes, Article 6674a et seq., for the construction or maintenance of a department building or appurtenant facilities.
5. (5) Commission--The Texas Transportation Commission.
6. (6) Construction contract--A contract entered under Texas Civil Statutes, Article 6674a et seq., for the construction or reconstruction of a segment of the state highway system.
7. (7) Department--The Texas Department of Transportation.
8. (8) Deputy executive director--Any one of six second tier managers appointed by the executive director to the position of deputy executive director or assistant executive director.
9. (9) Disadvantaged business enterprise--As defined in 49 Code of Federal Regulations (CFR) §23.5, a small business concern, certified by the department, which is 51% owned by one or more minorities or women, or in the case of a publicly owned business, at least 51% of the stock is owned by one or more minorities or women, and whose management and daily business operations are controlled by one or more such individuals.
10. (10) District engineer--The chief executive officer in each of the designated district offices of the department.
11. (11) Electronic bid--The submission of bid information on a computer diskette as a supplement to the proposal for use in the bid tabulation.
12. (12) Emergency--Any situation or condition of a designated state highway, resulting from a natural or man-made cause, which poses an imminent threat to life or property of the travelling public or which substantially disrupts or may disrupt the orderly flow of traffic and commerce.
13. (13) Executive director--The executive director of the Texas Department of Transportation.
14. (14) Highway improvement contract--A construction, maintenance, or building contract.
15. (15) Historically underutilized business (HUB)--A corporation, sole proprietorship, partnership, or joint venture formed for the purpose of making a profit, certified by the General Services Commission, in which 51% of the company is owned by one or more persons who are socially disadvantaged because of their identification as a member of certain groups including Black Americans, Hispanic Americans, Women, Asian Pacific Americans, Native Americans, and have suffered the effects of discriminatory practices or similar insidious circumstances over which they have no control; and have a proportionate interest and demonstrate active participation in the control, operation, and management of the business affairs.
16. (16) Maintenance contract--A contract entered under Texas Civil Statutes, Article 6674a et seq., for the maintenance of a segment of the state highway system.
17. (17) 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.
18. (18) Mathematically unbalanced bid--A bid containing lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder's anticipated profit, overhead costs, and other indirect costs.
19. (19) Preventive maintenance contract--Contracts let through the construction contracting procedure to preserve and prevent further deterioration of the roadways and rights of way, with all its components.
20. (20) Proposal--The offer of the bidder, made out on the prescribed form, giving bid prices for performing the work described in the plans and specifications.
21. (21) Proposal guaranty--The security designated in the proposal and furnished by the bidder as a guaranty that the bidder will enter into a contract if awarded the work.
22. (22) Routine maintenance contract--Contracts let through the routine maintenance contracting procedure to preserve and repair roadways and right of way, with all its components, to its designed or accepted configuration.

Source Note:The provisions of this §9.11 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 7085.