1. (a) Notice to bidders and advertisements.

   1. (1) Notice.

      1. (A) Mailing list. The department will maintain mailing lists of all registered subcontractors and bidders approved to bid under §9.12 of this title (relating to Qualification of Bidders and Registration of Subcontractors). The department will also maintain a mailing list of parties who have purchased a notice subscription for $25 per year to cover costs of mailing the notices.

      2. (B) Fee. The following entities are not required to pay the notice subscription fee:

         1. (i) qualified bidders and registered subcontractors approved under §9.12 of this title (relating to Qualification of Bidders and Registration of Subcontractors);
         2. (ii) other state agencies;
         3. (iii) other state departments of transportation;
         4. (iv) disadvantaged business enterprises and historically underutilized businesses;
         5. (v) offices of the federal government; and
         6. (vi) organizations performing work under supportive service contracts awarded by the commission.
      3. (C) Distribution. The department will send to prepaid subscribers and entities on the mailing list who are waived from paying the fee written notice of projects to be let.

   2. (2) Advertising.

      1. (A) Notice of the time, when, and place where contracts will be let and bids opened will be published in a newspaper in the county where the work is to be done once a week for at least two weeks prior to the time set for the letting of the contract and in two other newspapers designated by the department. If there is no newspaper published in the county in which the work is to be done, the advertising shall be for publication in a newspaper published in the county nearest the county seat of the county in which the work is to be done.
      2. (B) Notice of the time, when, and place where contracts with an engineer's estimate of involving less than $300,000 will be let and bids opened will be published in two successive issues of a newspaper published in the county in which the work is to be done, and if there is no newspaper published in the county in which the work is to be done, the advertising shall be for publication in a newspaper in the county nearest the county seat of the county in which the work is to be done.

2. (b) Proposal form.

   1. (1) Proposal form content. A proposal form will include:

      1. (A) the location and description of the proposed work;
      2. (B) an approximate estimate of the various quantities and kinds of work to be performed or materials to be furnished;
      3. (C) a schedule of items for which unit prices are requested;
      4. (D) the time within which the work is to be completed; and
      5. (E) the special provisions and special specifications.

   2. (2) Form of request.

      1. (A) A request for a proposal form on a building contract or a state funded construction or maintenance contract may be made orally or in writing.
      2. (B) A request for a proposal form on a federal aid construction or maintenance contract must be submitted in writing, and must include a statement in a form prescribed by the department certifying whether the bidder is currently disqualified by an agency of the federal government as a participant in programs and activities involving federal financial and nonfinancial assistance and benefits.

3. (c) Issuance of proposal form.

   1. (1) Construction and maintenance contracts.

      1. (A) Issuance. Except where prohibited under subparagraph (B) of this paragraph, the department will, upon receipt of a request, issue a proposal form for a construction or maintenance contract as follows:

         1. (i) for a project on which audited financial prequalification is not waived, only to a prequalified bidder, and only if the estimated cost of the project is within that bidder's available bidding capacity; and
         2. (ii) for a project on which audited financial qualification is waived under §9.3(a)(2) of this title (relating to Qualification of Bidders and Registration of Subcontractors), only if the estimated cost of the project is within that bidder's available bidding capacity.

      2. (B) Non-issuance. Except as provided in subparagraph (C) of this paragraph, the department will not issue a proposal form requested by a bidder for a construction or maintenance contract if at the time of the request the bidder:

         1. (i) is disqualified by an agency of the federal government as a participant in programs and activities involving federal assistance and benefits, and the contract is for a federal-aid project;
         2. (ii) is suspended or debarred by order of the commission, or is prohibited from rebidding a specific project because of default of the first awarded bid; or
         3. (iii) has not fulfilled the requirements for qualification under §9.3 of this title (relating to Qualification of Bidders and Registration of Subcontractors).
      3. (C) Exception. The department may issue a proposal to a bidder who is ineligible under subparagraph (B)(iii) of this paragraph if the bidder has substantially complied with the requirements of §9.3 of this title (relating to Qualification of Bidders and Registration of Subcontractors).
   2. (2) Informational proposal. The department will issue an information proposal form upon request.
   3. (3) Building contracts. Except as provided in paragraph (4) of this subsection, the department will, upon request, issue a proposal form to any bidder for a building contract.
   4. (4) All contracts. The department will not issue a proposal form for a highway improvement contract to a bidder if the bidder or a subsidiary or affiliate of the bidder has received compensation from the department to participate in the preparation of the plans or specifications on which the bid or contract is based.

Source Note:The provisions of this §9.13 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 7086.