Advertising

General
An advertisement is the public announcement to invite bids for work to be performed or materials to be furnished. The
Local Government Project Management Guide
(LGPM Guide) contains detailed information on the process to be used by the LG for advertisement of the project.
LGs may only advertise a project after receiving TxDOT approval of the plans, specifications and estimates (PS&E) package and the execution of a SLOA and FPAA, if applicable. Refer to
Chapter 4 – Preliminary Engineering and Design
for information about the SLOA.
The LG’s advertising policy and practices must assure free and open competition. The policy should address issues concerning licensing, bonding, prequalification and bidding, as well as the announcement itself in relation to
Title VI of the Civil Rights Act of 1964
, as amended, regarding nondiscrimination with regard to age, race, religion, color, sex, national origin, disability, etc. More information on equal employment opportunity and Title VI compliance is included in
Chapter 7
.
On federal-aid projects, the minimum advertisement period is three weeks (21 days). With prior approval by TxDOT, exceptions are permitted when circumstances warrant (an emergency situation when an accelerated procurement is required to prevent the threat to life, health, safety and the welfare of property, or to avoid undue additional cost). For large or complex projects, the LG should consider an advertisement period longer than three weeks to permit prospective bidders adequate time to prepare a responsive bid proposal. Scheduling a pre-bid meeting to address prospective contractors’ concerns and questions may be appropriate but is not required by state or federal regulations.
Federal Requirement
  1. 23 CFR §635.112
    – Contains the following requirements:
    1. projects may not be advertised for receipt of bids until after a FPAA is issued by FHWA [
      23 CFR §635.112(a)
      ];
    2. the advertisement and the approved PS&E must be available for a minimum of three weeks before bid opening [
      23 CFR §635.112(b)
      ]; and
    3. for design-build projects, FHWA’s approval of the request for proposals has the same significance as PS&E approval [
      23 CFR §635.112(i)(1)
      ].
  2. Federal and state regulations may differ, but federal regulations take precedence on projects receiving federal funds.
State Requirement
  1. Texas Local Government Code §252.041
    (municipalities) – Requires a municipality to publish the advertisement at least once a week for two consecutive weeks in a newspaper published in the municipality. The date of the first publication must be prior to the 14th day before the date set to publicly open the bids and read them aloud. If no newspaper is published in the municipality, the notice must be posted at the city hall for 14 days before the date set to publicly open the bids and read them aloud.
  2. Texas Local Government Code §262.025
    (counties) –Requires a county to publish an advertisement at least once a week for two consecutive weeks in a newspaper of general circulation in the county, with the first day of publication occurring prior to the 14th day before the date of the bid opening. If there is no newspaper of general circulation in the county, the notice must be posted in a prominent place in the courthouse for 14 days before the date of the bid opening.
  3. Texas Local Government Code §271.025
    (municipalities, counties and other LGs) – Requires governmental entities to advertise for bids. If no legal requirement for publication exists, the advertisement must be published at least twice in one or more newspapers of general circulation in the county or counties where the work is to be performed. The second publication must be on or before the 10th day before the first date bids may be submitted.
  4. Texas Local Government Code §271.908(d)(3)
    – Requires design-build projects to be advertised, including the time and place of bid opening, according to any manner prescribed by law.
  5. Texas Government Code §2155.083
    – Requires procurements of more than $25,000 by all state agencies to be placed on the Comptroller’s Electronic State Business Daily website for a minimum of 21 days prior to bid opening.
  6. Texas Transportation Code §366.185(b)
    – Requires regional tollway authorities (RTAs) to adopt rules governing the award of contracts through competitive bidding.
  7. Texas Transportation Code §370.184
    – Requires regional mobility authorities (RMAs) to adopt rules governing the award of contracts.
Required Practices
The
LGPM Guide
provides additional information on the required practices to be followed by the LG and TxDOT during the advertising of a LG project.