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Amend CSSB 6 (House Committee Printing) as follows:
(1) On page 38, between lines 4 and 5, insert:
Sec. 45.151. PROHIBITION ON CERTAIN CONTRACTS. (a) The
department may not accept a bid under this chapter from a person or
award to a person a contract under this chapter that includes
proposed financial participation by the person if:
(1) the person participated in preparing the bid
specifications or request for proposals on which the bid or
contract is based; and
(2) the bid specifications or request for proposals on
which the bid or contract is based:
(A) requires a work plan, project design, or
other criteria for participation in the contract that is specific
to that person or likely to limit or exclude competitors who provide
similar goods or services; or
(B) includes a scope of required goods or
services that is so narrowly defined that it is specific to that
person or likely to limit or exclude competitors who provide
similar goods or services.
(b) The department may not accept a bid under this chapter
from or award a contract under this chapter to an individual or
business entity that is barred from participating in state
contracts under Section 2155.077.
(c) The department may not accept a bid under this chapter
from or award a contract under this chapter to an individual or
business entity that was awarded a contract valued at $1 billion
dollars or more during the four year period immediately before the
date of the issuance of relevant requests for proposals under
Section 45.054, Human Resources Code.
(d) If the department determines that an individual or
business entity holding a contract under this chapter was
ineligible to have the contract accepted or awarded under
Subsection (a), (b), or (c), the department may immediately
terminate the contract without further obligation to the vendor.
Sec. 45.152. SUBCONTRACTOR PAYMENT. The existence of a
dispute between the department and a contractor regarding a
contract under this chapter does not justify nonpayment of a
subcontractor for work completed by the subcontractor under the
contract if the subcontractor has completed the work in a
satisfactory manner and the work has been approved by the
department and the contractor.
(2) On page 38, line 5, strike "45.151" and substitute
"45.153".