Chapter 2: Pre-Award Activities

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Section 1: Overview

Texas Transportation Code §223.001 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 Section (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.

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General

The following procedures are required when interacting with potential bidders, virtually eliminating any risk for answering project pre-bid questions.

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  • 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.
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  • Post all responses, including the verbal answers to simple questions, to the web-based application (examples can be found on the CST Support page):
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    • Same day for simple, straightforward answers
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    • Most questions should have detailed responses within 48 hours
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    • Acknowledge complicated questions that may require study and collaboration prior to responding, and these questions should be followed up in a timely manner.
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    • Avoid responses stating nothing more than, “Bid as Shown,” “Bid per plans,” or “Bid as advertised.”
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    • Special effort should be made to expedite answers during the week of letting, including the weekend prior to letting.
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  • If a potential bidder raises a question regarding an error in the plans:
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    • Acknowledge that you will research the potential error
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    • 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
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    • Perform due diligence to determine whether the possible error is valid, and if so, ensure the error is addressed with:
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      • An addendum, prior to letting (refer to Section 2, "Addenda," for requesting a form and its corresponding SOP later in this chapter)
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      • A Change Order after letting and award
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      • A Postponement of letting to a later date.
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  • Responses posted to the web-based application trump any responses given verbally should there be a conflict.
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  • 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.
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  • Post additional documentation requested that was not included in the plans.

    Documents that can be shared are:

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  • Notify all prospective bidders if an addendum has been posted.
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  • Ensure all interested parties are treated fairly and equitably.
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  • 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.
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Managing the Pre-Bid Q&A Site

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  • Designate two individuals, one primary and one secondary, to receive and manage questions and answers for all projects.
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  • 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.
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  • The 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.
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  • The stages for responses approval are:
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    • Pending – Question has been acknowledged but has not been addressed.
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    • Interim Approved – Pre-Bid contract has given a response, but the response has not been approved by final approver.
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    • Final Approved – Responses has been approved and posted to TxDOTCONNECT.
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  • Ensure that questions asked in person, through email or via phone are posted and do not include a person or contractor's name
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  • 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.

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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.

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