1. (a) Delivery.

   1. (1) The bidder shall place each completed proposal form in a sealed envelope marked to show its contents. When submitted by mail, this envelope shall be placed in another envelope which shall be sealed and addressed as indicated in the notice. Bids must be received on or before the hour and date set for the receipt and opening of bids and must be in the hands of the department letting bid receipt official by that time.

   2. (2) In addition to the proposal form submitted under paragraph (1) of this subsection, and when authorized in the proposal, a bidder may submit an electronic bid in the same manner. A bidder delivering an electronic bid shall submit the proposal in accordance with paragraph (1) of this subsection, and must:

      1. (A) include the computer diskette containing the electronic bid data in a separate sealed envelope;
      2. (B) state the exact qualified name of the bidder on the envelope;
      3. (C) state on the computer diskette the exact qualified name of the bidder and the job number as taken from the order of tabulation of projects, for which electronic bids are being submitted;
      4. (D) submit a computer diskette containing bid data for those projects which are to be opened and read for that letting day only, as reflected in the notice; and
      5. (E) provide the electronic bid information on a computer diskette, free of virus, which has been prepared through the electronic bidding system utilized by the department.
   3. (3) Electronic bids are not accepted for building contracts.

2. (b) Proposal content. The bidder shall submit the proposal on the form furnished by the department and in compliance with the following requirements.

   1. (1) Except as provided in paragraph (2) of this subsection and subsection (c) of this section, the blank spaces for each item as required in the proposal form shall be filled in by writing in words in ink.
   2. (2) The bidder shall submit a unit price for each item for which a bid is requested (including a zero if appropriate), except in the case of a regular item that has an alternate bid item. In such case, prices must be submitted for the base bid or with the set of items of one or more of the alternates.
   3. (3) The proposal shall be executed with ink in the complete and correct name of the bidder making the proposal and be signed by the person or persons authorized to bind the bidder.
   4. (4) Except in the case of regular bid item that has an alternate bid item, unit prices shall be stated in dollars and/or cents for each bid item listed in the proposal.

3. (c) Computer printouts.

   1. (1) In lieu of writing in words in ink, a bidder may submit an original computer printout sheet bearing the required certification by and signature for the bidder. The unit prices shown on acceptable printouts will be the official unit prices used to tabulate the official total bid amount and used in the contract if awarded by the commission.
   2. (2) Computer printouts are not acceptable on building contracts.
4. (d) Electronic bids. Electronic bid data must be in the form outlined under subsection (a)(2) of this section. The electronic bid information will be a supplement to the proposal for the purposes of tabulation only. Each proposal submitted must be accompanied by a computer printout meeting the requirements under subsection (c) of this section. The computer diskette will remain the property of the department.

5. (e) Proposal guaranty.

   1. (1) A bidder must submit a proposal guaranty with the proposal form in the amount specified by the proposal form. The proposal guaranty shall be payable to the commission and shall be a cashier's check, money order, or teller's check drawn by or on a state or national bank or savings and loan association, or a state or federally chartered credit union (collectively referred to as "bank").

   2. (2) A check must be payable at or through the institution issuing the instrument, or must be drawn by a bank:

      1. (A) on a bank; or
      2. (B) payable at or through a bank.

   3. (3) The department will not accept as a proposal guaranty:

      1. (A) personal checks or certified checks;
      2. (B) other types of money orders; or
      3. (C) bid bonds.

6. (f) Certification.

   1. (1) A bidding proposal on a federal-aid project shall include, in a form prescribed by the department, a certification of eligibility status. The certification shall describe any suspension, debarment, voluntary exclusion, or ineligibility determination actions by an agency of the federal government, and any indictment, conviction, or civil judgment involving fraud or official misconduct, each with respect to the bidder or any person associated therewith in the capacity of owner, partner, director, officer, principal investor, project director/supervisor, manager, auditor, or a position involving the administration of federal funds; and shall cover the three-year period immediately preceding the date of the proposal.
   2. (2) Information adverse to the bidder as contained in the certification will be reviewed by the department and by the Federal Highway Administration, and may result in rejection of the bid and disqualification of the bidder.

Source Note:The provisions of this §9.14 adopted to be effective November 23, 1994, 19 TexReg 8867; amended to be effective November 25, 1996, 21 TexReg 11627.