HBA-MSH H.B. 3605 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3605 By: Najera Corrections 4/1/2001 Introduced BACKGROUND AND PURPOSE Currently only schools and institutions of higher education are authorized to use the design-build method of construction. This method allows for an architect, engineer, and builder to form a team, bid on a construction project together, and administer all of the aspects of the project from design to construction. Design-build proposals are not necessarily awarded to the lowest bidder, but are evaluated on a number of factors including the experience and expertise of the firms involved in the team. Design-build proposals may result in greater overall savings by better coordinating the various phases of construction. House Bill 3605 authorizes the Texas Department of Criminal Justice to award building contracts based on the designbuild method. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 3605 amends the Government Code to authorize the Texas Department of Criminal Justice (TDCJ) to use the design-build method for the construction, rehabilitation, alteration, or repair of a facility. The bill requires TDCJ to prepare a request for qualifications that includes any information that may assist potential design-build firms (firm) in submitting proposals for the project. The bill requires TDCJ to evaluate the statements of qualifications and select a firm in two phases. In the first phase, TDCJ is required to evaluate each offeror's experience, technical competence, and capability to perform, the past performance of the offeror's team and members of the team, and other appropriate factors submitted by the team or firm. The bill prohibits TDCJ from considering cost-related or price-related evaluation factors. In the second phase, TDCJ is required to select the firm that submits the proposal offering the best value for TDCJ. Following selection of a firm, the bill requires the firm to complete the design and submit all design elements for review. The bill sets forth provisions relating to contracts, payment, and bonds. EFFECTIVE DATE September 1, 2001.