Section 3:
Pre-Bid
 Overview

Texas Transportation Code
§223.001
, "Contract Requiring Competitive Bids," requires competitive bids for contracts pertaining to state highway improvement and for material used in construction or maintenance on state highways. The Department’s processes are developed to stimulate competition and protect against bias or favoritism near the time of the contract award decisions.
Refer to the Design Division's for the
Final PS&E Processing Sectio (DES-FPP)
(internal access only) for guidance on
early release of plans
for comment and reviewing plans during the design phase of the project.
In February 2023, all district FTP sites for pre-bid questions and answers were replaced with a Pre-Bid Q&A function within TxDOTConnect. Once the project is advertised, competitive bidding laws are in effect. Failure to comply with the requirements may compromise the integrity of the competitive bidding procedures, which could require all bids be rejected and the project be re-let.

General

The following procedures are required when interacting with potential bidders, virtually eliminating any risk for answering project pre-bid questions.
  • Accept all simple or complicated questions via email, phone or in person and post in the web-based application the same day for the benefit of all perspective bidders.
  • Post all responses, including the verbal answers to simple questions, to the
    web-based application
    (examples can be found on the CST Support page):
    • For simple, straightforward answers, post on the same day
    • Most questions should have detailed responses within 48 hours
    • Acknowledge complicated questions that may require study and collaboration prior to responding, and these questions should be followed up in a timely manner.
    • Avoid responses stating nothing more than, “Bid as Shown,” “Bid per plans,” or “Bid as advertised.”
    • Special effort should be made to expedite answers during the week of letting, including the weekend prior to letting.
      Staff should be monitoring the Q&A the weekend before letting and should provide timely answers.
  • If a potential bidder raises a question regarding an error in the plans:
    • Acknowledge that you will research the potential error
    • DO NOT make statements to that bidder, or any other potential bidder, that a possible or probable change to the plans, specifications, or quantities should be forthcoming
    • Perform due diligence to determine whether the possible error is valid, and if so, ensure the error is addressed with:
      • An addendum, prior to letting (refer to
        CCAM Chapter 2
        , Section
        4
        , "Addenda," for requesting a form and its corresponding SOP later in this chapter)
      • A Change Order after letting and award
      • A Postponement of letting to a later date.
  • Responses posted to the web-based application trump any responses given verbally should there be a conflict.
  • Take notes when discussing a project with a Contractor during the pre-bid period, including during non-mandatory pre-bid conferences, a ride-along, or when otherwise showing or discussing a project. Ensure to post all notes or meeting minutes to the web-based application for all prospective bidders.
  • Post additional documentation requested that was not included in the plans.
    Documents that
    can be shared
     are:
    • Preliminary plans
    • Cross Sections (PDF
      or XSR
      )
    • CPM schedule
    • Geotechnical data/reports
    • DGN files (may only be provided to the awarded bidder).
    • As-Built Plans (As-built bridge plans may be posted for informational purpose only. The only exception to this would be in the case when the plans requested are for Critical/Safety Sensitive structure. Refer to the
      Open Records Request Guidance for Bridge Information)
      .
    Documents that
    cannot be shared
     are:
    • Engineer's estimate for individual bid items
    • Global stability calculations
    • Retaining wall and bridge calculations
  • Ensure all interested parties are treated fairly and equitably.
  • Keep a record of all information provided to the prospective bidders with the project files (electronically or hard copy). Instructions for printing, entering questions, uploading documents or answers on the web-based application can be found:
    Pre-Bid Q&A Job Aid
    – TxDOT/Bidder Version. For questions regarding TxDOTCONNECT Pre-Bid Q&A, email:
    TxDOTCONNECT_Helpdesk@txdot.gov
    .

Managing the Pre-Bid Q&A Site

  • Designate two individuals, one primary and one secondary, to receive and manage questions and answers for all projects.
  • Ensure the prospective bidder knows it is their responsibility to stay informed through the web-based application. The proposal must communicate to whom questions may be submitted and the web-based application address where answers will be posted. DES has provided standard language for inclusion in the General Notes.
  • The
    designated
     individuals must review status of questions frequently to ensure questions and answers are posted in a timely manner. Provide a detailed response within 48 hrs.
  • The stages for responses approval are:
    • Pending –
      The
       question has been acknowledged but has not been addressed.
    • Interim Approved – Pre-Bid contract has given a response, but the response has not been approved by final approver.
    • Final Approved – Responses has been approved and posted to TxDOTCONNECT.
  • Ensure that questions asked in person, through email or via phone are posted and do not include a person or contractor's name
  • Direct prospective bidders to the web-based application for all questions and answers when asked.
Refer to CST's
Construction Support webpage
(internal access only) for additional information.

Prospective Bidder Site Investigations

As approved by the Area Engineer (AE), prospective bidders may conduct site investigations of proposed projects by visiting the project, performing corings or other subsurface investigations, etc. Notify the prospective bidder of their responsibility to be aware of Right of Way (ROW) that has not been cleared, to prevent trespassing. Have the prospective bidder use a ROW agreement,
Form 2900
, “Agreement for Access to Texas Department of Transportation Highway Right of Way”.
The use of Unmanned Aircraft System (UAS) must follow Department guidelines. Contact Aviation Division (AVN) and reference the
Flight Operations User Manual
for more information.

Pre-Bid Conference (if applicable)

The district may conduct pre-bid conferences to provide specific project information, explain any unusual aspects of the project, and address any potential bidder questions.
Maintain minutes for all pre-bid conferences, both mandatory and optional; minutes may be written or recorded. Provide a copy of these minutes to all conference attendees and bidders on the Pre-Bid Q&A (web-based application). Include all pre-bid conference information (such as type, date, time, location, etc.) in the Notice to Contractors. Schedule pre-bid conferences approximately two weeks prior to letting to allow sufficient time to prepare and issue any needed addenda. Provide prospective bidders adequate notification of a scheduled pre-bid conference.
When conducting a pre-bid conference, adhere to the following requirements.
  • Ensure the location and the starting time for the conference is as specified in the Notice to Contractors. Make reasonable consideration for individuals who arrive late due to circumstances beyond their control, such as weather-related difficulties.
  • Ensure the attendance list contains fields for the prospective bidder firm's complete name and the representative’s signature, printed name, address, email address, and telephone numbers.
  • Ensure the pre-bid conference agenda covers a general review of the completed plans and specifications plus a detailed review of the contract’s special requirements.
  • Ensure that issues discussed during the pre-bid conference are not considered contractual.
  • Issue an addendum as necessary to correct the proposal, as bid documents cannot be altered by a pre-bid conference.

Optional Attendance

At the district’s discretion, pre-bid conferences where attendance is optional may be conducted for contracts with special conditions or requirements. Provide notice of the date and time of the optional pre-bid conference to all prospective bidders. Do not exclude a prospective bidder from bidding on a contract because of failure to attend the optional pre-bid conference.

Mandatory Attendance

Do not conduct mandatory pre-bid conferences unless absolutely necessary to provide information to prospective bidders that cannot be conveyed in writing. Mandatory pre-bid conferences are not recommended due to prospective bidder concerns regarding bidding confidentiality and conference scheduling difficulties. Also, procedural errors may occur, which can result in bid rejections and re-letting the project, such as:
  • District releases conflicting information about the time/location and/or requirement (mandatory vs optional) of the conference.
  • District did not manage or validate the attendance list and a contractor name was provided on the attendance list that could not be validated against; therefore, it was not possible to determine who the proposal should be released to.
Obtain written approval from the Director of the DES or the Director of Maintenance Division (MNT), as applicable, prior to including a mandatory pre-bid conference in the proposal. If a mandatory pre-bid conference is approved, include the requirement in the proposal and the Notice to Contractors. Conduct a second pre-bid conference at least seven calendar days prior to letting for large, complex, highly technical projects that require attendance at a mandatory pre-bid conference.
Submit the list of all prospective bidders attending the mandatory pre-bid conference to the CST via email at
CST_Prequalification@TxDOT.gov
the same day of the meeting. Prospective bidders failing to attend a mandatory pre-bid conference will not be eligible to pull an official bidding proposal or receive authorization to bid the project.