Distribution of Bid Documents

General
For projects with federal funds, the advertisement and approved plans and specifications must be available to bidders a minimum of three weeks prior to opening of bids in accordance with
23 CFR §635.112
. Shorter periods may be approved by TxDOT in special cases when justified. State requirements must be followed for projects with state or local funds with no federal funds.
Federal Requirement
  1. 23 CFR §635.112(b)
    – For design-bid-build projects:
    1. requires bid documents must be made available to bidders a minimum of three weeks before bid opening; and
    2. allows for approval of shorter periods in special cases where justified.
  2. 23 CFR §635.112(i)
    – For design-build projects:
    1. provides that FHWA’s approval of the request for proposals constitutes approval to release the document; and
    2. allows the administering entity to determine the appropriate distribution schedule.
State Requirement
  1. Texas Local Government Code §262.025
    (counties) – Requires the advertisement to include a statement regarding where specifications may be obtained.
  2. Texas Local Government Code §271.025
    (municipalities, counties and other LGs) – Requires the advertisement to state the location where bid documents may be examined.
  3. Texas Local Government Code §271.908(d)(3)
    – Allows design-build projects to be advertised, including the time and place of bid opening, according to any manner prescribed by law.
  4. 43 TAC §9.13
    – Requires TxDOT to give bid documents to bidders meeting prequalification requirements on request of the bidder.
  5. Texas Government Code §2155.083
    (state agencies) – Requires part of the notice in the Electronic State Business Daily to include all of the information necessary for a bidder to make a successful bid.
  6. Texas Transportation Code §366.185
    – Requires RTAs to adopt rules governing competitive bidding.
  7. Texas Transportation Code §370.184
    – Requires RMAs to adopt rules governing procurement of projects.
Required Practices
The
LGPM Guide
provides guidance for the LG and TxDOT to use for the distribution of bid documents during the letting process.