By: West S.B. No. 1058 A BILL TO BE ENTITLED AN ACT 1-1 relating to the authority of the Texas Department of Transportation 1-2 to procure certain services by competitive sealed proposal. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Title 116, Revised Statutes, is amended by adding 1-5 Article 6674i-5 to read as follows: 1-6 Art. 6674i-5. PROPOSALS FOR ENVIRONMENTAL OR CULTURAL 1-7 ASSESSMENT FOR PROJECT. (a) The Texas Department of 1-8 Transportation may follow a procedure using competitive sealed 1-9 proposals to procure the services of an archeologist, biologist, 1-10 geologist, historian, or other technical expert to conduct an 1-11 environmental or cultural assessment required by state or federal 1-12 law for a transportation project within the authority or 1-13 jurisdiction of the department. 1-14 (b) To procure services under this article, the Texas 1-15 Department of Transportation must first determine that competitive 1-16 sealed bidding or informal competitive bidding is not practical or 1-17 is disadvantageous to the state. 1-18 (c) The Texas Department of Transportation shall solicit 1-19 proposals by a request for proposals following the same notice 1-20 procedure it uses in procuring services under Subchapter A, Chapter 1-21 2254, Government Code. 1-22 (d) The proposals shall be opened so as to avoid disclosure 1-23 of contents to competing offerors during the process of 2-1 negotiation. After the contract is awarded, all proposals that 2-2 have been submitted shall be open for public inspection except as 2-3 provided in the open records law, Chapter 552, Government Code. 2-4 (e) As provided in a request for proposals and under rules 2-5 adopted by the Texas Transportation Commission, the Texas 2-6 Department of Transportation may discuss acceptable or potentially 2-7 acceptable proposals with offerors in order to assess an offeror's 2-8 ability to meet the solicitation requirements. After the 2-9 submission of a proposal but before making an award, the department 2-10 may permit the offeror to revise the proposal in order to obtain 2-11 the best final offer. The department may not disclose any 2-12 information derived from proposals submitted from competing 2-13 offerors in conducting discussions under this article. The 2-14 department shall provide each offeror with an equal opportunity for 2-15 discussion and revision of proposals. 2-16 (f) The Texas Department of Transportation shall make a 2-17 written award of a contract to the offeror whose proposal is the 2-18 most advantageous to the state, considering price and the 2-19 evaluation factors in the request for proposals, except that if the 2-20 department finds that none of the offers is acceptable, it shall 2-21 refuse all offers. The contract file must state in writing the 2-22 basis on which the award is made. 2-23 (g) The Texas Department of Transportation may adopt rules 2-24 for the implementation of this article. 2-25 SECTION 2. The importance of this legislation and the 3-1 crowded condition of the calendars in both houses create an 3-2 emergency and an imperative public necessity that the 3-3 constitutional rule requiring bills to be read on three several 3-4 days in each house be suspended, and this rule is hereby suspended, 3-5 and that this Act take effect and be in force from and after its 3-6 passage, and it is so enacted.