Amend CSHB 2702 by striking SECTION 27 of the bill (page 20,
lines 3-21), and substitute the following:
SECTION 27. Section 361.3022, Transportation Code, is
amended by adding Subsections (e-1) and (e-2) and amending
Subsections (f), (i), and (j) to read as follows:
(e-1) Notwithstanding the requirements of this section, the
department may prequalify a private entity to submit a detailed
proposal to provide services under a design-build contract. The
department is not required to publish a request under Subsection
(c) for a design-build contract, and may enter into a design-build
contract based solely on an evaluation of detailed proposals
submitted in response to a request under Subsection (f) by
prequalified private entities. The commission shall adopt rules
establishing criteria for the prequalification of a private entity
that include the precertification requirements applicable to
providers of engineering services and the qualification
requirements for bidders on highway construction contracts. Rules
for design-build projects adopted pursuant to this subsection shall
also provide for an expedited selection process less costly to
proposers, reasonable bonding requirements, appropriate sharing of
risks, and incentives for proposers to develop innovative ideas.
(e-2) In this section, "design-build contract" means a
comprehensive development agreement that includes the design and
construction of a turnpike project, does not include the financing
of a turnpike project, and may include the acquisition,
maintenance, or operation of a turnpike project.
(f) The department shall issue a request for detailed
proposals from all private entities qualified under Subsection (e)
or (e-1) if the department proceeds with the further evaluation of a
proposed project. A request under this subsection may require
additional information relating to:
(1) the private entity's qualifications and
demonstrated technical competence;
(2) the feasibility of developing the project as
proposed;
(3) detailed engineering or architectural designs;
(4) the private entity's ability to meet schedules;
(5) costing methodology; or
(6) any other information the department considers
relevant or necessary.
(i) The department may enter into negotiations [discussions]
with the private entity whose proposal offers the apparent best
value for the purpose of establishing the final terms of a
comprehensive development agreement. [The discussions shall be
limited to:
[(1) incorporation of aspects of other proposals for
the purpose of achieving the overall best value for the department;
[(2) clarifications and minor adjustments in
scheduling, cash flow, and similar items; and
[(3) matters that have arisen since the submission of
the proposal.]
(j) If at any point in negotiations [discussions] under
Subsection (i) [,] it appears to the department that the highest
ranking proposal will not provide the department with the overall
best value, the department may enter into negotiations
[discussions] with the private entity submitting the next-highest
ranking proposal.