Non-responsive Bid

General
A non-responsive bid is deemed not to meet all of the written requirements of the advertisement and proposal. The subject of a non-responsive bid is briefly discussed
Chapter 8 – Letting and Award
in the “Bid Opening and Tabulation” sub-section. A list of reasons for a bid to be considered non-responsive must be included in the bid document in conjunction with
23 CFR §635.112(h)
. The reasons must be clearly defined and may not be subject to the discretion of the LG. The FHWA has stressed the use of potential subjective reasons must be eliminated – the bid is either responsive or non-responsive.
The LG must follow federal and state guidelines when determining the reasons for not accepting a bid. FHWA has determined the reasons for a bid being non-responsive listed in the proposal cannot be “waived.” Therefore, common provisions allowing a LG to waive technicalities determined to be in its best interest cannot be invoked regarding a non-responsive bid.
Federal Requirements
  1. 23 CFR §635.112(h)
    – Requires bid documents to contain requirements with which a bidder must comply to make the bid responsive. Failure to comply with these requirements makes the bid non-responsive and not eligible for award.
State Requirements
  1. Texas Local Government Code §271.0245
    – Requires a county to provide all bidders with the opportunity to bid on the same items on equal terms and have bids judged according to the same standards as set forth in the specifications.
  2. 43 TAC §26.33(g)(1)
    – Requires specifications for projects connecting to a state highway administered by a RMA to conform to TxDOT standard specifications.
  3. 43 TAC §27.56(c)(3)(A)
    – Requires specifications for projects administered by a RTA to conform to TxDOT standard specifications as a condition of state fund participation.
  4. Texas Transportation Code §370.306(c)
    – Requires a RMA must include criteria used to evaluate proposals in the request for proposals for projects acquired by comprehensive development agreement.
Required Practices
In general, the LG must follow state and federal guidelines. The
LGPM Guide
describes the required practices and LG and TxDOT responsibilities for determining a non-responsive bid.