Part 1.
TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 9.
CONTRACT MANAGEMENT
Subchapter B. HIGHWAY IMPROVEMENT CONTRACTS
43 TAC §§9.11, 9.12, 9.15 - 9.17
The Texas Department of Transportation (department) adopts
amendments to §§9.11, 9.12, and 9.15 - 9.17 concerning highway improvement
contracts. Sections 9.11, 9.12, and 9.15 - 9.17 are adopted without changes
to the proposed text as published in the March 12, 2004, issue of the
EXPLANATION OF ADOPTED AMENDMENTS
Transportation Code, Chapter 223, Subchapter A, prescribes the method by
which the department receives competitive bids for the improvement of highways
that are a part of the state highway system. Pursuant to this authority, the
Texas Transportation Commission (commission) has previously adopted §§9.10-9.20
to specify the process by which the department will administer and manage
highway improvement contracts.
The amendments to §9.11 add, revise, and renumber accordingly definitions
to provide clarification and better conformity with other existing rules.
It is necessary to amend §9.11 to conform to the department's recently
revised definitions in its Standard Specifications for Construction of Highways,
Streets, and Bridges.
Section 9.12(a)(2)(C)(ii)(I), (II), and (III) are amended by removing the
word "and/or" from each subclause and replacing it with the word "or" to state
that experience in maintenance and construction cannot be combined to meet
the experience requirement.
Section 9.12(a)(2)(C)(ii)(III) is amended to revise a parenthetical reference
to a complete sentence. No substantive change has been made by this amendment.
Section 9.15(b)(1)(D) is revised to provide clarification regarding the
reasons for not reading a proposal due to incorrect submission of the bid.
Section 9.15(b)(1) is further revised with the addition of new subparagraphs
(M) and (N). These two new subparagraphs provide that submitting a bid proposal
with the incorrect number of bid items, or containing more than the maximum
or less than the minimum number of allowable working days shown on the plans
when working days is a bid item will be additional reasons for not accepting
and reading a bid proposal. These revisions are necessary to ensure that the
bids accepted and tabulated adequately address the requirements specified
in the bid advertisement.
Section 9.16(e)(3) is added to put bidders on notice that a bidder’s
attempt to unbalance its bid may negate any claim that the bidder exercised
due care in preparing its bid.
Section 9.17(e) is revised to remove the requirement that the apparent
low bidder concur with the award of a contract where award of the contract
was previously deferred at an earlier commission meeting.
New subsection (g) of §9.17 affords the commission the authority to
cancel the award of any contract prior to contract execution if such cancellation
is determined to be in the best interest of the state. These revisions are
necessary to ensure the safety and best interest of the traveling public are
served in the award of highway improvement contracts.
COMMENTS
No comments were received on the proposed amendments.
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which
provides the commission with the authority to establish rules for the conduct
of the work of the department, and more specifically, Transportation Code, §§223.001-223.013,
which requires the department to competitively bid highway improvement contracts.
CROSS REFERENCE TO STATUTE: None.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 28, 2004.
TRD-200403605
Richard D. Monroe
General Counsel
Texas Department of Transportation
Effective date: June 17, 2004
Proposal publication date: March 12, 2004
For further information, please call: (512) 463-8630
Subchapter D. MEMORANDUM OF UNDERSTANDING
Chapter 23.
TRAVEL INFORMATION