1. (a) Notice to bidders. A person may apply to have his or her name placed on a mailing list to receive the Notice to Contractors for a fee of $65 per year to cover costs of mailing the notices.

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

   1. (1) qualified bidders approved under §9.12 of this title (relating to Qualification of Bidders);
   2. (2) other state agencies;
   3. (3) other state departments of transportation;
   4. (4) disadvantaged business enterprises and historically underutilized businesses;
   5. (5) offices of the federal government; and
   6. (6) organizations performing work under supportive service contracts awarded by the commission.
3. (c) Advertising. Contracts will be advertised in accordance with Transportation Code, §223.002, Government Code, §2155.083(h)(1), and Title 23, Code of Federal Regulations, §635.112(b).

4. (d) 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. A request for a proposal form on a highway improvement contract may be made orally or in writing.

5. (e) 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 §9.12(a)(2) of this title, 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;
         3. (iii) is prohibited from rebidding a specific project because of default of the first awarded contract;
         4. (iv) has not fulfilled the requirements for qualification under §9.12 of this title;
         5. (v) is prohibited from rebidding that project as a result of having previously submitted a mathematically and materially unbalanced bid resulting in the rejection of the bid by the commission; or
         6. (vi) is prohibited from rebidding that project as a result of having submitted a bid containing an error resulting in the rejection of bids by the commission.
      3. (C) Exception. The department may issue a proposal under a temporary approval to a bidder who would be ineligible under subparagraph (B)(iv) of this paragraph if the bidder has substantially complied with the requirements of §9.12 of this title.

   2. (2) Building contracts.

      1. (A) Issuance. Except as provided in subparagraph (B) of this paragraph, the department will issue, upon request, a proposal form to a bidder having complied with §9.12(b) of this title.

      2. (B) Non-issuance. The department will not issue a proposal form requested by a bidder for a building 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 a federal-aid project;
         2. (ii) is suspended or debarred by order of the commission; or
         3. (iii) is prohibited from bidding that project because of default of the first awarded contract.
   3. (3) 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; amended to be effective December 12, 1999, 24 TexReg 10901; amended to be effective July 18, 2002, 27 TexReg 6345.