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. Chapter 1, Title 116, Revised Statutes, is 1-5 amended by adding Article 6674i-5 to read as follows: 1-6 (a) The Texas Department of Transportation may follow a 1-7 procedure using competitive sealed proposals to procure the 1-8 services of an archeologist, biologist, geologist, historian, or 1-9 other technical expert to conduct an environmental or cultural 1-10 assessment required by state or federal law for a transportation 1-11 project within the authority or jurisdiction of the department. 1-12 (b) To procure services under this section, the department 1-13 must first determine that competitive sealed bidding or informal 1-14 competitive bidding is not practical or is disadvantageous to the 1-15 state. 1-16 (c) The department shall solicit proposals by a request for 1-17 proposals following the same notice procedure it uses in procuring 1-18 services under the Professional Services Procurement Act, 1-19 Government Code, Section 2254.001 et seq. 1-20 (d) The proposals shall be opened so as to avoid disclosure 1-21 of contents to competing offerors during the process of 1-22 negotiation. After the contract is awarded, all proposals that 1-23 have been submitted shall be open for public inspection except as 2-1 provided in Government Code, Section 552.001 et seq. 2-2 (e) As provided in a request for proposals and under rules 2-3 adopted by the commission, the department may discuss acceptable or 2-4 potentially acceptable proposals with offerors in order to assess 2-5 an offeror's ability to meet the solicitation requirements. After 2-6 the submission of a proposal but before making an award, the 2-7 department may permit the offeror to revise the proposal in order 2-8 to obtain the best final offer. The department may not disclose 2-9 any information derived from proposals submitted from competing 2-10 offerors in conducting discussions under this section. The 2-11 department shall provide each offeror with an equal opportunity for 2-12 discussion and revision of proposals. 2-13 (f) The department shall make a written award of a contract 2-14 to the offeror whose proposal is the most advantageous to the 2-15 state, considering price and the evaluation factors in the request 2-16 for proposals, except that if the department finds that none of the 2-17 offers is acceptable, it shall refuse all offers. The contract 2-18 file must state in writing the basis on which the award is made. 2-19 (g) The department may adopt rules for the implementation of 2-20 this article. 2-21 SECTION 2. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended, 3-1 and that this Act take effect and be in force from and after its 3-2 passage, and it is so enacted.