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 Transportation Code, Chapter 223, Subchapter A for the construction or maintenance of a department building or appurtenant facilities.
5. (5) 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.
6. (6) Commission--The Texas Transportation Commission.
7. (7) Confidential Questionnaire--A prequalification form reflecting detailed financial and experience data.
8. (8) Construction contract--A contract entered under Transportation Code, Chapter 223, Subchapter A, for the construction or reconstruction of a segment of the state highway system.
9. (9) Department--The Texas Department of Transportation.
10. (10) Deputy executive director--Any second tier manager appointed by the executive director.
11. (11) Disadvantaged business enterprise (DBE)--As defined in Title 49 Code of Federal Regulations (CFR) §26.5, a for-profit small business concern, certified by the department, that is at least 51% owned by one or more individuals who are both socially and economically disadvantaged, or in the case of a corporation, in which 51% of the stock is owned by one or more such individuals, and whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it.
12. (12) District engineer--The chief executive officer in each of the designated district offices of the department.
13. (13) 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.
14. (14) Executive director--The executive director of the Texas Department of Transportation.
15. (15) Highway improvement contract--A construction, maintenance, or building contract.
16. (16) 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 accordance with Government Code, Chapter 2161.
17. (17) Maintenance contract--A contract entered under Transportation Code, Chapter 223, Subchapter A, for the maintenance of a segment of the state highway system.
18. (18) 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.
19. (19) 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.
20. (20) 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.
21. (21) 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.
22. (22) 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.
23. (23) Routine maintenance contract--Contracts 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.

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; amended to be effective December 12, 1999, 24 TexReg 10901.