(a) Notice to Contractors. A person may apply to have his or her name placed on a list to receive the Notice to Contractors electronically.
(b) Application for notice. The following entities will receive the Notice to Contractors:
  (1) qualified bidders approved under §9.12 of this subchapter (relating to Qualification of Bidders);
  (2) disadvantaged business enterprises and historically underutilized businesses; and
  (3) organizations performing work under supportive service contracts awarded by the commission.
(c) Notice of Bids. The department will advertise contracts on the Electronic State Business Daily maintained and operated by the Comptroller of Public Accounts.
(d) Proposal form.
  (1) Proposal form content. A proposal form may include:
    (A) the location and description of the proposed work;
    (B) an approximate estimate of the various quantities and kinds of work to be performed or materials to be furnished;
    (C) a schedule of items for which unit prices are requested;
    (D) the time within which the work is to be completed; and
    (E) the special provisions and special specifications.
  (2) Form of request. A request for a proposal form on any contract under this subchapter should be made using the department's electronic system. On the written or emailed request of a contractor, the department may enter a form request into the system on behalf of the contractor if the requester is identified as the person authorized to sign for the contractor.
(e) Issuance of proposal form.
  (1) This paragraph applies for contracts under this subchapter other than building contracts.
    (A) Issuance. Except as provided in subparagraph (B) or (C) of this paragraph or paragraph (3) of this subsection, the department will, upon receipt of a request, issue a proposal form for a contract only to a bidder who qualifies under §9.12(c) or (d) of this subchapter, as appropriate, and for a highway improvement project, only if the estimated cost of the project is within that bidder's available bidding capacity, as determined under §9.12(e) of this subchapter.
    (B) Non-issuance. Except as provided in subparagraph (D) of this paragraph, the department will not issue a proposal form requested by a bidder for a contract if at the time of the request the bidder:
      (i) is suspended or debarred by order of the commission or by the department;
      (ii) has not fulfilled the requirements for qualification under §9.12 of this subchapter;
      (iii) does not have the available bidding capacity;
      (iv) is ineligible to bid on any proposed contract under Item 7, Article 15, Responsibility for Damage Claims of the department's Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges;
      (v) is prohibited from participating in the contract because of a decision of the Deputy Executive Director under §9.24 of this chapter (relating to Performance Review Committee and Actions); or
      (vi) has not attended a mandatory pre-bid conference.
    (C) Non-issuance for rebid. The department will not issue a proposal form requested by a bidder for the rebid of a contract if:
      (i) at the time of the request the bidder is prohibited from rebidding the proposal due to a bid error on the original proposal form;
      (ii) the bidder failed to enter into a contract on the original award;
      (iii) at the time of the request the bidder is in default on the original contract or was terminated on the original contract unless the department terminated the contract in the best interest of the state; or
      (iv) the bidder or an affiliate of the bidder was originally determined to be the apparent low bidder on a project but failed to submit a DBE commitment as required by §9.227 of this chapter (relating to Information from Bidders) or failed to meet the requirements of §9.17(j) of this subchapter relating to participation in the Department of Homeland Security (DHS) E-Verify system.
    (D) Exceptions. The department may issue a proposal form under a temporary approval to a bidder who would be ineligible under subparagraph (B)(ii) of this paragraph if the bidder has substantially complied with the requirements of §9.12 of this subchapter.
  (2) This paragraph applies only for building contracts.
    (A) Issuance. Except as provided in subparagraph (B) of this paragraph or paragraph (3) of this subsection, the department will issue, upon request, a proposal form to a bidder that is eligible under §9.12(h) of this subchapter.
    (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:
      (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;
      (ii) is suspended or debarred by order of the commission or by the department; or
      (iii) is prohibited from bidding that project because of default of the first awarded contract.
  (3) All contracts. The department will not issue a proposal form for a contract under this subchapter 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; amended to be effective December 11, 2008, 33 TexReg 10054; amended to be effective November 17, 2011, 36 TexReg 7677; amended to be effective January 4, 2017, 41 TexReg 10663; amended to be effective September 19, 2018, 43 TexReg 5996; amended to be effective April 20, 2023, 48 TexReg 1968