1-1 By: West S.B. No. 1058 1-2 (In the Senate - Filed March 9, 1995; March 9, 1995, read 1-3 first time and referred to Committee on State Affairs; May 2, 1995, 1-4 reported favorably by the following vote: Yeas 10, Nays 0; 1-5 May 2, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the authority of the Texas Department of Transportation 1-9 to procure certain services by competitive sealed proposal. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Title 116, Revised Statutes, is amended by adding 1-12 Article 6674i-5 to read as follows: 1-13 Art. 6674i-5. PROPOSAL FOR ENVIRONMENTAL OR CULTURAL 1-14 ASSESSMENT FOR PROJECT. (a) The Texas Department of 1-15 Transportation may follow a procedure using competitive sealed 1-16 proposals to procure the services of an archeologist, biologist, 1-17 geologist, historian, or other technical expert to conduct an 1-18 environmental or cultural assessment required by state or federal 1-19 law for a transportation project within the authority or 1-20 jurisdiction of the department. 1-21 (b) To procure services under this article, the Texas 1-22 Department of Transportation must first determine that competitive 1-23 sealed bidding or informal competitive bidding is not practical or 1-24 is disadvantageous to the state. 1-25 (c) The Texas Department of Transportation shall solicit 1-26 proposals by a request for proposals following the same notice 1-27 procedure it uses in procuring services under Subchapter A, Chapter 1-28 2254, Government Code. 1-29 (d) The proposals shall be opened so as to avoid disclosure 1-30 of contents to competing offerors during the process of 1-31 negotiation. After the contract is awarded, all proposals that 1-32 have been submitted shall be open for public inspection except as 1-33 provided in the open records law, Chapter 552, Government Code. 1-34 (e) As provided in a request for proposals and under rules 1-35 adopted by the Texas Transportation Commission, the Texas 1-36 Department of Transportation may discuss acceptable or potentially 1-37 acceptable proposals with offerors in order to assess an offeror's 1-38 ability to meet the solicitation requirements. After the 1-39 submission of a proposal but before making an award, the department 1-40 may permit the offeror to revise the proposal in order to obtain 1-41 the best final offer. The department may not disclose any 1-42 information derived from proposals submitted from competing 1-43 offerors in conducting discussions under this article. The 1-44 department shall provide each offeror with an equal opportunity for 1-45 discussion and revision of proposals. 1-46 (f) The Texas Department of Transportation shall make a 1-47 written award of a contract to the offeror whose proposal is the 1-48 most advantageous to the state, considering price and the 1-49 evaluation factors in the request for proposals, except that if the 1-50 department finds that none of the offers is acceptable, it shall 1-51 refuse all offers. The contract file must state in writing the 1-52 basis on which the award is made. 1-53 (g) The Texas Department of Transportation may adopt rules 1-54 for the implementation of this article. 1-55 SECTION 2. The importance of this legislation and the 1-56 crowded condition of the calendars in both houses create an 1-57 emergency and an imperative public necessity that the 1-58 constitutional rule requiring bills to be read on three several 1-59 days in each house be suspended, and this rule is hereby suspended, 1-60 and that this Act take effect and be in force from and after its 1-61 passage, and it is so enacted. 1-62 * * * * *