Note: For additional legal requirements applicable to purchases with federal funds, see CBB.

  1. A highway, road, street, bridge, utility, water supply project, water plant, wastewater plant, water and wastewater distribution or conveyance facility, wharf, dock, airport runway or taxiway, drainage project, or related type of project associated with civil engineering construction; or
  2. A building or structure that is incidental to a project that is primarily a civil engineering construction project.

Gov't Code 2269.402

  1. Selecting a contracting method;
  2. Giving public notice of the project;
  3. Publishing contract selection criteria;
  4. Making evaluations public after the contract is awarded; and
  5. Providing for inspection, verification, and testing necessary for acceptance of the facility by the ESC.

Education Code 44.031(g); Gov't Code 2269.052, .055, .056(a), (c), .058

Establishing Unit Prices

  1. Specifying one or more published construction unit price books and the applicable divisions or line items; or
  2. Providing a list of work items and requiring the offerors to propose one or more coefficients or multipliers to be applied to the price book or prepriced work items as the price proposal.

Gov't Code 2269.404

Advertising and Opening Proposals

Architect or Engineer

Gov't Code 2269.408

Awarding Contract

  1. A fixed-price, lump-sum contract based substantially on contractual unit pricing applied to estimated quantities; or
  2. A unit price order based on the quantities and line items delivered.

Gov't Code 2269.410

Contract Term

Use of Contract

  1. The solicitation for the job-order contract and the contract specifically provide for use by other persons; or
  2. The ESC enters into an interlocal agreement that provides otherwise.

Gov't Code 2269.407


Education Service Center Region 11



DATE ISSUED: 5/20/2019