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By: West S.B. No. 1544
A BILL TO BE ENTITLED
AN ACT
relating to the purchasing and contracting practices of public
junior college districts; providing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 44.0311, Education Code,
is amended to read as follows:
(a) This subchapter does not apply [applies] to junior
college districts.
SECTION 2. Subdivision (2), Section 51.776, Education Code,
is amended to read as follows:
(2) "Board" means the governing body of an institution
other than a junior college or junior college district.
SECTION 3. Subchapter A, Chapter 130, Education Code, is
amended by adding Section 130.0103 to read as follows:
Sec. 130.0103. POLICY AND REPORT REGARDING HISTORICALLY
UNDERUTILIZED BUSINESSES. (a) In this section, "historically
underutilized business" has the meaning assigned by Section
2161.001, Government Code.
(b) This section applies only to a junior college district
located wholly or partially in a county with a population of one
million or more.
(c) Each junior college district shall adopt a policy
stating its commitment to developing, maintaining, and enhancing
participation by historically underutilized businesses in all
phases of the district's procurement processes in order to support,
to the greatest extent feasible, the efforts of historically
underutilized businesses to compete for purchases of equipment,
supplies, and services and for construction project contracts.
(d) Annually, each junior college district shall publish a
report of the total number of contracts awarded by the district in
the preceding fiscal year and the number of those contracts awarded
to historically underutilized businesses. The report must be
published in a newspaper of general circulation in the county in
which the majority of the territory or population of the district is
located not later than the 60th day following the last day of the
district's fiscal year.
SECTION 4. Chapter 130, Education Code, is amended by
adding Subchapters K, L, and M to read as follows:
SUBCHAPTER K. PURCHASING CONTRACTS OTHER THAN
CONSTRUCTION CONTRACTS
Sec. 130.251. DEFINITIONS. In this subchapter:
(1) "Board of trustees" means the governing board of a
district.
(2) "District" means a public junior college district.
(3) "Purchase of goods":
(A) includes:
(i) contracting for the rights to use
rather than own goods; and
(ii) purchase of the materials and labor
incidental to the delivery and installation of personal property;
and
(B) does not include the purchase or lease of
real property.
(4) "Services" does not include:
(A) construction services; or
(B) professional services, including services of
an architect, engineer, auditor, accountant, attorney, or fiscal
agent.
Sec. 130.2511. USE OF TERMS "BIDDER," "VENDOR," AND "BID."
(a) The terms "bidder" and "vendor" may be used interchangeably to
identify an entity that responds to a request for competitive bids
or proposals, or for offers or qualifications.
(b) The term "bid" may be used to refer to a competitive bid
or proposal, or to an offer, or to a statement of qualifications.
Sec. 130.252. CONFLICT WITH OTHER LAW. To the extent of any
conflict, this subchapter prevails over any other law relating to
the purchase of goods and services by a district other than a law
relating to contracting with historically underutilized
businesses.
Sec. 130.253. PURCHASE METHODS. (a) Except as otherwise
provided by this subchapter, all contracts for the purchase by a
district of goods or services valued at $35,000 or more in the
aggregate for each 12-month fiscal year shall be made by the method,
of the following methods, that provides the best value for the
district:
(1) competitive sealed bids;
(2) competitive sealed proposals;
(3) a catalog purchase as provided by Subchapter B,
Chapter 2157, Government Code;
(4) the reverse auction procedure defined by Section
2155.062(d), Government Code; or
(5) the formation of a political subdivision
corporation under Section 304.001, Local Government Code.
(b) Only one of the methods listed in Subsection (a) may be
used for any individual contract. The district must determine
which method provides the best value for the district before
publishing the notice required by Section 130.258.
(c) If the district uses the competitive sealed proposal
method, the district shall:
(1) reveal when the proposals are opened the names of
the companies submitting proposals; and
(2) keep the contents of the proposals confidential
until the district concludes negotiations and awards a contract.
(d) For professional services not covered by Subchapter A,
Chapter 2254, Government Code, including services rendered by a
financial consultant, an auctioneer, a personnel services
contractor, a travel agent, a technology or educational consultant,
or a business engaged to teach approved courses, a district may
contract for the professional services in the manner provided by
Section 2254.003, Government Code, in lieu of the methods provided
by Subsection (a).
(e) A district may purchase an item or service that is
available from only one source without complying with Subsection
(a), including:
(1) an item for which competition is precluded because
of the existence of a patent, copyright, secret process, or
monopoly;
(2) a film, recording, periodical, manuscript, or book
or computer software;
(3) a utility service, including gas or water;
(4) a captive replacement part or component for
equipment;
(5) a product needed to match or work with like
products; and
(6) technical or specialized services, including
advertising, audio/video production, and the repair and
maintenance of specialized equipment.
(f) Without complying with Subsection (a), a district may
purchase advertising services, meeting and catering services, and
travel services, including airfare, ground transportation, and
lodging. The district shall exercise reasonable and prudent care
to determine whether a contract with a company will provide the best
value to the district. The district shall document the process for
selecting the provider of the services and shall maintain a list of
companies contacted and the basis for selecting the provider. Any
company that has provided written notice to the district that it is
interested in being considered as a supplier of services covered by
this subsection shall be given the opportunity to make an offer to
provide the services. After rating and ranking the offers, the
district shall attempt to negotiate a contract with the highest
ranked company. If a contract cannot be negotiated with the highest
ranked company, the next highest ranked company shall be contacted.
(g) Without complying with Subsection (a), a district may
purchase an item or service under:
(1) an interlocal contract under Chapter 791,
Government Code; or
(2) a contract established by the Texas Building and
Procurement Commission or Department of Information Resources,
including a contract for the purchase of travel services, telephone
service, computers, and computer-related equipment and software.
(h) If the Texas Building and Procurement Commission, an
institution of higher education as defined by Section 61.003, or a
political subdivision of this state has entered into a contract
with a company to provide goods or services other than construction
services, then during the term of the contract a district may
purchase the goods or services directly from the company if the
company agrees to sell the goods or services to the district in
accordance with the terms and conditions of the original contract
at the same or at a lower cost than that stated in the original
contract. The purchase satisfies the requirements of this
subchapter if the original contract was awarded in compliance with
the statutory requirements applicable to the governmental entity
that awarded the contract and the district's purchase order
references the original contract and identifies the parties to the
contract. If the Texas Building and Procurement Commission is a
party to the original contract, the district may use the contract
under this section only if the district is a member of the Texas
Building and Procurement Commission Cooperative Purchasing
Program.
Sec. 130.254. PURCHASE OF INSURANCE. (a) A district may
acquire insurance using a two-step request for proposals process.
In the first step, the district shall determine which insurance
companies are represented by agents interested in providing
insurance for the district. If more than one agent indicates a
desire to represent the same company, the agent with the longest and
most substantial relationship with the insurance company shall be
authorized to submit a proposal for the designated insurance
company. In the second step, the district shall notify the
interested agents as to which insurance companies the agents
represent and request the agents to submit proposals for providing
insurance.
(b) In notifying the interested agents to begin the second
step, the district is not required to comply with Section 130.258.
However, the district in the request for proposals shall give the
interested agents notice of the date, time, and place where
proposals are to be submitted. Proposals received after the date
and time stated in the request for proposals may not be considered.
Sec. 130.255. MULTIYEAR CONTRACTS. A multiyear contract
must include a provision that permits termination at the end of each
fiscal year.
Sec. 130.256. EVALUATION AND AWARD OF CONTRACT.
(a) Except as otherwise provided by this subchapter, a district
shall award a contract to the lowest responsible bidder offering
the best value to the district according to the selection criteria
established by the district. The district shall publish in the
request for bids, proposals, or qualifications the criteria the
district will use to evaluate the offers and the relative weights
given to the criteria that are known at the time of the publication.
(b) In determining the lowest responsible bidder, the
district may consider:
(1) the purchase price;
(2) the reputation of the bidder and of the bidder's
goods or services;
(3) the quality of the bidder's goods or services;
(4) the extent to which the offered goods or services
meet the district's needs;
(5) the bidder's past relationship with the district;
(6) the total long-term cost to the district to
acquire the vendor's goods or services;
(7) the extent to which the offers comply with the
requirements of the request for bids, proposals, or qualifications;
(8) the sufficiency of the bidder's financial
resources and ability to perform the contract or provide
the service;
(9) the bidder's ability to provide future
maintenance, repair parts, and service;
(10) the installation cost;
(11) the cost of operation and maintenance;
(12) any other relevant factor specifically listed in
the request for bids or proposals;
(13) the impact on the ability of the district to
comply with laws and rules relating to historically underutilized
businesses;
(14) the bidder's compliance with a requirement for
attendance at a mandatory site visit or pre-bid conference; and
(15) the bidder's safety record, if:
(A) the district has adopted a written definition
and criteria for accurately determining the safety record of a
bidder;
(B) the district has given notice to prospective
bidders in the request for bids that the safety record of a bidder
may be considered in determining the responsibility of the bidder;
and
(C) the district's determinations are not
arbitrary and capricious.
(c) A district may reject all bids, proposals, or parts of
bids or proposals if the rejection serves the district's interest.
(d) The district shall provide all bidders with the
opportunity to bid on the same items or services on equal terms and
have bids judged according to the same standards as those set forth
in the request for bids.
(e) The district shall receive bids under this subchapter in
a fair and confidential manner.
(f) Bids may be opened only by the district at a public
meeting in a district-owned or district-controlled facility. At
the time the district opens a competitive bid, the district shall
read aloud the name of the bidder and the total bid amount if a
member of the public is present and the bid is of a type that should
contain a bid amount. At least two district employees or trustees
must be present at the bid opening. When opening proposals or
qualifications, the district shall read aloud only the name of the
respondents and may not disclose the contents of a proposal on
opening the proposal or during negotiations with competing bidders.
(g) A bid that has been opened may not be changed for the
purpose of correcting an error in the bid price. If there is a
discrepancy between the total price and the unit price of a bid, the
unit price prevails. If there is a discrepancy between the written
price and the numerical price of a bid, the written price prevails.
(h) This subchapter does not change the common law right of
a bidder to withdraw a bid due to a material mistake in the bid.
(i) The district shall document the basis of its selection
and shall make its evaluations public not later than the seventh day
after the date the contract is awarded. The district shall state in
writing in the contract file the reasons for making an award.
(j) A contract awarded in violation of this subchapter is
void.
(k) If a purchase is made at the campus level in a district
with independently accredited junior colleges, and the district
delegates purchasing decisions to the campus level, this section
applies only to the campus and this subchapter does not require the
district to aggregate and jointly award the different campus
purchasing contracts. A district that adopts site-based purchasing
under this subsection shall adopt a policy to ensure that campus
purchases achieve the best value to the district and are not
intended or used to avoid the requirement that a district aggregate
purchases under Section 130.253(a).
(l) If district property is destroyed, stolen, or severely
damaged, a building or equipment undergoes major operational or
structural failure, or a contractor is unable to fulfill its
obligations in providing goods or services, and the board of
trustees determines that the delay posed by using the methods
required by Section 130.253(a) would pose a material threat to
personal safety or potential damage to other property or would
prevent or substantially impair the conduct of classes or other
essential district activities, then contracts for the replacement
or repair of the property may be made by methods other than those
required by Section 130.253(a).
Sec. 130.257. RULES AND PROCEDURES; AUDITS BY STATE
AUDITOR. (a) The board of trustees may adopt rules and procedures
for the acquisition of goods or services by the district.
(b) The state auditor may audit purchases of goods or
services by the district.
Sec. 130.258. NOTICE. (a) Except as otherwise provided by
this subchapter, for any method of contracting selected under
Section 130.253(a), the district shall publish the notice required
by this section in at least two successive issues of any newspaper
of general circulation in the county in which the district's
central administrative office is located. The deadline for
receiving bids or proposals may not be less than 10 business days
after the date of the publication of the last newspaper notice. The
deadline for receiving responses to a request for qualifications
may not be less than five business days after the date of the
publication of the last newspaper notice. If there is not a
newspaper in the county in which the district's central
administrative office is located, the notice shall be published in
a newspaper in the county nearest the county seat of the county in
which the district's central administrative office is located. In
a two-step procurement process, the time and place where the
second-step bids, proposals, or responses will be received are not
required to be published separately.
(b) The district may, as an alternative to publishing
individual notices in a newspaper, publish on a publicly accessible
Internet site the notices required by this section, provided the
district publishes in a newspaper of general circulation at least
one time per week the Internet address where district notices may be
found. Notice posted on the Internet under this subsection must be
posted every day for at least 10 business days before the deadline
for receiving the bids, proposals, or responses to a request for
qualifications.
(c) The notice required by this section must include:
(1) the date, time, and place for receiving and
opening bids, proposals, or statements of qualifications;
(2) a description of the goods or services;
(3) the location of any mandatory site inspections or
pre-bid meetings at which bid, proposal, or qualification documents
may be obtained or examined; and
(4) the amount of any required bid bond, payment bond,
or performance bond.
Sec. 130.259. DISCUSSION AND REVISION OF PROPOSALS.
(a) As provided in a request for proposals and under rules adopted
by the district, the district may discuss acceptable or potentially
acceptable proposals with bidders to assess a bidder's ability to
meet the solicitation requirements.
(b) After receiving a proposal but before making an award,
the district may permit the bidder to revise the proposal to obtain
the best final offer.
(c) The district may not disclose information derived from
proposals submitted from competing bidders in conducting
discussions under this section.
(d) The district shall provide each bidder an equal
opportunity to discuss and revise the bidder's proposal.
Sec. 130.260. PRE-BID CONFERENCE. (a) The district may
require a principal, officer, or employee of each prospective
bidder to attend a mandatory pre-bid conference conducted for the
purpose of discussing contract requirements and answering
questions from prospective bidders. Notice under this subsection
must be included in the notice published under Section 130.258.
(b) After the district conducts a mandatory pre-bid
conference, the district may send any additional required notice
for the proposed contract only to prospective bidders who attended
the conference.
Sec. 130.261. IDENTICAL BIDS. If, after considering the
factors described by Section 130.256, the district determines that
the district has received identical bids, the district shall cast
lots to determine which bidder will be awarded the contract. The
district shall invite the bidders to witness the selection process
under this section. The selection process must be conducted by at
least two district employees or members of the district's board of
trustees.
Sec. 130.262. BID DEPOSIT. (a) The district may, as the
district determines necessary, require a bid deposit in an amount
determined by the district. The amount of the deposit, if any, must
be stated in the notice required by Section 130.258 of the
invitation to bid.
(b) On the award of a contract or the rejection of all bids,
the district shall refund the bid deposit of an unsuccessful
bidder.
(c) For public work contracts, the bid deposit required by
the district, if any, may only be in the form of a bid bond written
by a surety authorized to conduct business in this state.
(d) For contracts other than public work contracts, the bid
deposit required by the district, if any, may only be in the form of
a bid bond written by a surety authorized to conduct business in
this state or a cashier's check.
Sec. 130.263. PERFORMANCE BOND. A district may require a
contractor to provide a performance bond in the amount of the
contract before executing a contract for the purchase of goods or
services with a value of $100,000 or more. The bond must be written
by a surety authorized to conduct business in this state.
Sec. 130.264. ENFORCEMENT OF PURCHASING PROCEDURES:
CRIMINAL PENALTIES; REMOVAL; INELIGIBILITY; INJUNCTION. (a) In
this section:
(1) "Component purchases" means purchases of the
component parts of an item that in normal purchasing practices
would be purchased in one purchase.
(2) "Separate purchases" means purchases, made
separately, of items that in normal purchasing practices would be
purchased in one purchase.
(3) "Sequential purchases" means purchases, made over
a period, of items that in normal purchasing practices would be
purchased in one purchase.
(b) An officer, employee, or agent of a district commits an
offense if the person with criminal negligence makes or authorizes
separate, sequential, or component purchases for the purpose of
avoiding the requirements of Section 130.253 or 130.256. An
offense under this subsection is a Class B misdemeanor and is an
offense involving moral turpitude that causes a forfeiture of an
officer's public office.
(c) An officer, employee, or agent of a district commits an
offense if the person with criminal negligence violates Section
130.253 or 130.256 other than by conduct described by Subsection
(b). An offense under this subsection is a Class B misdemeanor and
is an offense involving moral turpitude that causes a forfeiture of
an officer's public office.
(d) An officer or employee of a district commits an offense
if the officer or employee knowingly violates Section 130.253 or
Section 130.256 other than by conduct described by Subsection (b)
or (c). An offense under this subsection is a Class C misdemeanor.
(e) The final conviction of a person other than a trustee of
a district for an offense under Subsection (b) or (c) results in the
immediate removal from office or employment of that person. A
trustee who is convicted of an offense under this section is subject
to removal as provided by Chapter 66, Civil Practice and Remedies
Code. For four years after the date of the final conviction, the
removed person is ineligible to be a candidate for or to be
appointed or elected to a public office in this state, is ineligible
to be employed by or act as an agent for this state or a political
subdivision of this state, and is ineligible to receive any
compensation through a contract with this state or a political
subdivision of this state. This subsection does not prohibit the
payment of retirement benefits to the removed person or the payment
of workers' compensation benefits to the removed person for an
injury that occurred before the commission of the offense for which
the person was removed. This subsection does not make a person
ineligible for an office for which the federal or state
constitution prescribes exclusive eligibility requirements.
(f) A court may enjoin performance of a contract made in
violation of this subchapter. A county attorney, district
attorney, criminal district attorney, citizen of the county in
which the district is located, or interested party may bring an
action for an injunction. A party who prevails in an action brought
under this subsection is entitled to reasonable attorney's fees as
approved by the court.
Sec. 130.265. ADDITIONAL REQUIREMENTS FOR PURCHASING
SERVICES AND CERTAIN COMMODITIES. (a) This section applies only
to:
(1) the purchase of tangible personal property,
including produce, gasoline, and fuel oil, where the cost of the
commodity is expected to exceed $35,000 during a fiscal year and
must be determined at the time the need for the commodity arises;
and
(2) the purchase of services other than construction
services or professional services.
(b) The notice requirements of Section 130.258 apply to
purchases made under this section, except that the notice must
specify the categories of property or services to be purchased
under this section and solicit the names, addresses, and telephone
numbers of vendors that are interested in supplying the property or
services to the district. For each category specified by the
district, the district shall create a vendor list consisting of
each qualified vendor that responds to the notice and any other
vendors the district elects to include.
(c) Before the district makes a purchase subject to this
section in a category specified by the district, the district must
obtain written or telephone price quotations from at least three
vendors from the list created by the district for that category. If
fewer than three vendors are on the list, the district shall contact
each vendor on the list. Whenever possible, the district shall
confirm telephone quotes in writing, including electronic mail or
facsimile transmission. The bidding records must be retained with
the district's competitive bidding records and are subject to
audit. In determining from whom to purchase the property or
services, the district may consider the provisions of Section
130.256.
Sec. 130.266. NOTIFICATION OF CRIMINAL HISTORY OF
CONTRACTOR. (a) A person or business entity that enters into a
contract with a district must give advance notice to the district if
the person or an owner or operator of the business entity has been
convicted of a felony. The notice must include a general
description of the conduct resulting in the conviction of a felony.
(b) A district may terminate a contract with a person or
business entity if the district determines that the person or
business entity failed to give notice as required by Subsection (a)
or misrepresented the conduct resulting in the conviction. The
district must compensate the person or business entity for services
performed before the termination of the contract.
(c) This section does not apply to a publicly held
corporation.
SUBCHAPTER L. CONSTRUCTION CONTRACTS
Sec. 130.281. DEFINITIONS. In this subchapter:
(1) "Architect" means an individual registered as an
architect under Chapter 1051, Occupations Code.
(2) "Board of trustees" means the governing board of a
district.
(3) "Construction" means the construction,
rehabilitation, alteration, or repair of a facility, including all
goods and labor incidental to the construction.
(4) "Contractor" in the context of a contract for the
construction, rehabilitation, alteration, or repair of a facility
means a sole proprietorship, partnership, corporation, or other
legal entity that assumes the risk for constructing,
rehabilitating, altering, or repairing all or part of the facility
at the contracted price.
(5) "District" means a public junior college district.
(6) "Engineer" means an individual licensed as a
professional engineer under Chapter 1001, Occupations Code.
(7) "Facility" means real property or a public work,
including buildings and associated systems, structures, and
components, and improved or unimproved land.
(8) "Fee" in the context of a contract for the
construction, rehabilitation, alteration, or repair of a facility
means the payment a construction manager receives for its overhead
and profit in performing its services.
(9) "General conditions" in the context of a contract
for the construction, rehabilitation, alteration, or repair of a
facility means on-site management, administrative personnel,
insurance, bonds, equipment, utilities, and incidental work,
including minor field labor and materials.
Sec. 130.2811. USE OF TERMS "BIDDER," "OFFEROR," "VENDOR,"
AND "BID." (a) The terms "bidder," "offeror," and "vendor" may be
used interchangeably to identify an entity that responds to a
request for competitive bids or proposals, or for offers or
qualifications.
(b) The term "bid" may be used to refer to a competitive bid
or proposal, to an offer, or to a statement of qualifications.
Sec. 130.282. METHODS OF CONTRACTING. (a) Except as
otherwise provided by this subchapter, all contracts for
construction valued at $35,000 or more in the aggregate shall be
made by the method, of the following methods, that provides the best
value for the district:
(1) competitive sealed bids;
(2) competitive sealed proposals;
(3) a design-build contract;
(4) a contract to construct, rehabilitate, alter, or
repair facilities that involves using a construction manager agent;
(5) a contract to construct, rehabilitate, alter, or
repair facilities that involves using a construction manager at
risk; or
(6) a job order contract for the minor construction,
repair, rehabilitation, or alteration of facilities.
(b) Only one of the methods listed in Subsection (a) may be
used for any individual contract. A district must determine which
method provides the best value for the district before providing
the notice required by Section 130.285.
(c) If the district uses the competitive sealed proposal
method, the district shall:
(1) reveal when the proposals are opened the names of
the companies submitting proposals; and
(2) keep the contents of the proposals confidential
until the district concludes negotiations and awards a contract.
(d) This section does not apply to a contract for
consultants or professional services, including services of an
architect, engineer, auditor, accountant, attorney, or fiscal
agent. For professional services and consultants not covered by
Subchapter A or B, Chapter 2254, Government Code, a district may
contract for the professional services in the manner provided by
Section 2254.003, Government Code, or by Subchapter K.
Sec. 130.283. EVALUATION AND AWARD OF CONTRACT.
(a) Except as otherwise provided by this subchapter, a district
shall award a contract to the lowest responsible bidder offering
the best value to the district according to the selection criteria
established by the district. The district shall publish in the
request for bids, proposals, or qualifications the criteria the
district will use to evaluate the offers and the relative weights
given to the criteria that are known at the time of the publication.
(b) In determining the lowest responsible bidder, the
district may consider:
(1) the immediate and long-term cost of the service;
(2) the reputation of the bidder;
(3) the quality of the bidder's services;
(4) the extent to which the offered services meet the
district's needs;
(5) the bidder's past relationship with the district;
(6) the extent to which the offers comply with the
requirements of the request for bids, proposals, or qualifications;
(7) the sufficiency of the bidder's financial
resources and ability to perform the contract or provide the
service;
(8) the bidder's ability to provide future
maintenance, repair parts, and service;
(9) the installation cost;
(10) the cost of operation and maintenance;
(11) any other relevant factor specifically listed in
the request for bids or proposals;
(12) the impact on the ability of the district to
comply with laws and rules relating to historically underutilized
businesses;
(13) the bidder's compliance with a requirement for
attendance at a mandatory site visit or pre-bid conference; and
(14) the bidder's safety record, if:
(A) the district has adopted a written definition
and criteria for accurately determining the safety record of a
bidder;
(B) the district has given notice to prospective
bidders in the request for bids that the safety record of a bidder
may be considered in determining the responsibility of the bidder;
and
(C) the district's determinations are not
arbitrary and capricious.
(c) A district may reject all bids, proposals,
qualifications, or parts of bids, proposals, or qualifications if
the rejection serves the district's interest.
(d) The district shall provide all bidders with the
opportunity to bid on the same items or services on equal terms and
have bids judged according to the same standards as those set forth
in the request for bids.
(e) The district shall receive bids under this subchapter in
a fair and confidential manner.
(f) Bids may be opened only by the district at a public
meeting in a district-owned or district-controlled facility. At
the time the district opens a competitive bid, the district shall
read aloud the name of the bidder and the total bid amount if a
member of the public is present and the bid is of a type that should
contain a bid amount. At least two district employees or trustees
must be present at the bid opening. When opening proposals or
qualifications, the district shall read aloud only the name of the
respondents and may not disclose the contents of a proposal on
opening the proposal or during negotiations with competing bidders.
(g) A bid that has been opened may not be changed for the
purpose of correcting an error in the bid price.
(h) This subchapter does not change the common law right of
a bidder to withdraw a bid due to a material mistake in the bid.
(i) The district shall document the basis of its selection
and shall make its evaluations public not later than the seventh day
after the date the contract is awarded. The district shall state in
writing in the contract file the reasons for making an award.
(j) A contract awarded in violation of this subchapter is
void.
(k) If district property is destroyed, stolen, or severely
damaged, a building or equipment undergoes major operational or
structural failure, or a contractor is unable to fulfill its
obligations in providing goods or services, and the board of
trustees determines that the delay posed by using the methods
required by Section 130.282(a) would pose a material threat to
personal safety or potential damage to other property or would
prevent or substantially impair the conduct of classes or other
essential district activities, then contracts for the replacement
or repair of the property may be made by methods other than those
required by Section 130.282(a).
Sec. 130.284. RULES AND PROCEDURES. The board of trustees
may adopt rules and procedures for the acquisition of construction
services.
Sec. 130.285. NOTICE. (a) Except as otherwise provided by
this subchapter, for any method of contracting selected under
Section 130.282(a), the district shall publish the notice required
by this section in at least two successive issues of any newspaper
of general circulation in the county in which the district's
central administrative office is located. The deadline for
receiving bids, proposals, or responses to a request for
qualifications may not be less than 10 business days after the date
of the publication of the last newspaper notice. If there is not a
newspaper in the county in which the district's central
administrative office is located, the notice shall be published in
a newspaper in the county nearest the county seat of the county in
which the district's central administrative office is located. In
a two-step procurement process, the time and place where the
second-step bids, proposals, or responses will be received are not
required to be published separately.
(b) The district may, as an alternative to publishing
individual notices in a newspaper, publish on a publicly accessible
Internet site the notices required by this section, provided the
district publishes in a newspaper of general circulation at least
one time per week the Internet address where district notices may be
found. Notice posted on the Internet under this subsection must be
posted every day for at least 10 business days before the deadline
for receiving bids, proposals, or responses to a request for
qualifications.
(c) The notice required by this section must include:
(1) the date, time, and place for receiving and
opening bids, proposals, or statements of qualifications;
(2) a description of the work to be performed;
(3) the location of any mandatory site inspections or
pre-bid meetings at which bid, proposal, or qualification documents
may be obtained or examined; and
(4) the amount of any required bid bond, payment bond,
or performance bond.
Sec. 130.286. DISCUSSION AND REVISION OF PROPOSALS.
(a) As provided in a request for proposals and under rules adopted
by the district, the district may discuss acceptable or potentially
acceptable proposals with bidders to assess a bidder's ability to
meet the solicitation requirements.
(b) After receiving a proposal but before making an award,
the district may permit the bidder to revise the proposal to obtain
the best final offer.
(c) The district may not disclose information derived from
proposals submitted from competing bidders in conducting
discussions under this section.
(d) The district shall provide each bidder an equal
opportunity to discuss and revise the bidder's proposal.
Sec. 130.287. PRE-BID CONFERENCE. (a) The district may
require a principal, officer, or employee of each prospective
bidder to attend a mandatory pre-bid conference conducted for the
purpose of discussing contract requirements and answering
questions from prospective bidders. Notice under this subsection
must be included in the notice published under Section 130.285.
(b) After the district conducts a mandatory pre-bid
conference, the district may send any additional required notice
for the proposed contract only to prospective bidders who attended
the conference.
Sec. 130.288. IDENTICAL BIDS. If, after considering the
factors described by Section 130.283, the district determines that
the district has received identical bids, the district shall cast
lots to determine which bidder will be awarded the contract. The
district shall invite the bidders to witness the selection process
under this section. The selection process must be conducted by at
least two district employees or members of the district's board of
trustees.
Sec. 130.289. BID DEPOSIT. (a) The district may, as the
district determines necessary, require a bid deposit in an amount
determined by the district. The amount of the deposit, if any, must
be stated in the notice required by Section 130.285 of the
invitation to bid.
(b) On the award of a contract or the rejection of all bids,
the district shall refund the bid deposit of an unsuccessful
bidder.
(c) For public work contracts, the bid deposit required by
the district, if any, may only be in the form of a bid bond written
by a surety authorized to conduct business in this state.
Sec. 130.290. PERFORMANCE AND PAYMENT BONDS. For a
contract for construction, the contractor must execute a good and
sufficient payment bond if the contract is for $25,000 or more and a
performance bond if the contract is $100,000 or more. Each bond
must be executed with a surety company authorized to conduct
business in this state in accordance with Chapter 2253, Government
Code.
Sec. 130.291. DELEGATION. (a) Except as provided by
Subsection (b), the board of trustees of a district may, as
appropriate, delegate its authority under this subchapter to a
designated person, representative, or committee. In procuring
construction services, the district shall provide notice of the
delegation and the limits of the delegation in the request for bids,
proposals, or qualifications or in an addendum to the request. If
the district fails to provide that notice, a ranking, selection, or
evaluation of bids, proposals, or qualifications for construction
services other than by the board of trustees in an open public
meeting is advisory only.
(b) The board may not delegate the authority to act
regarding an action specifically authorized or required by this
subchapter to be taken by the board of trustees of a district.
Sec. 130.292. ENFORCEMENT OF CONTRACT SOLICITATION
PROCEDURES: CRIMINAL PENALTIES; REMOVAL; INELIGIBILITY;
INJUNCTION. (a) In this section:
(1) "Component procurements" means procuring the
component parts of an item or service that in normal practice would
be made in one procurement.
(2) "Separate procurements" means procurements, made
separately, of items or services that in normal practice would be
made in one procurement.
(3) "Sequential procurement" means procurements, made
over a period, of items or services that in normal practice would be
made in one procurement.
(b) An officer, employee, or agent of a district commits an
offense if the person with criminal negligence makes or authorizes
separate, sequential, or component procurements for the purpose of
avoiding the requirements of Section 130.282 or 130.283. An
offense under this subsection is a Class B misdemeanor and is an
offense involving moral turpitude that causes a forfeiture of an
officer's public office.
(c) An officer, employee, or agent of a district commits an
offense if the person with criminal negligence violates Section
130.282 or 130.283 other than by conduct described by Subsection
(b). An offense under this subsection is a Class B misdemeanor and
is an offense involving moral turpitude that causes a forfeiture of
an officer's public office.
(d) An officer or employee of a district commits an offense
if the officer or employee knowingly violates Section 130.282 or
130.283 other than by conduct described by Subsection (b) or (c).
An offense under this subsection is a Class C misdemeanor.
(e) The final conviction of a person other than a trustee of
a district for an offense under Subsection (b) or (c) results in the
immediate removal from office or employment of that person. A
trustee who is convicted of an offense under this section is subject
to removal as provided by Chapter 66, Civil Practice and Remedies
Code. For four years after the date of the final conviction, the
removed person is ineligible to be a candidate for or to be
appointed or elected to a public office in this state, is ineligible
to be employed by or act as an agent for this state or a political
subdivision of this state, and is ineligible to receive any
compensation through a contract with this state or a political
subdivision of this state. This subsection does not prohibit the
payment of retirement benefits to the removed person or the payment
of workers' compensation benefits to the removed person for an
injury that occurred before the commission of the offense for which
the person was removed. This subsection does not make a person
ineligible for an office for which the federal or state
constitution prescribes exclusive eligibility requirements.
(f) A court may enjoin performance of a contract made in
violation of this subchapter. A county attorney, district
attorney, criminal district attorney, citizen of the county in
which the district is located, or interested party may bring an
action for an injunction. A party who prevails in an action brought
under this subsection is entitled to reasonable attorney's fees as
approved by the court.
Sec. 130.293. NOTIFICATION OF CRIMINAL HISTORY OF
CONTRACTOR. (a) A person or business entity that enters into a
contract with a district must give advance notice to the district if
the person or an owner or operator of the business entity has been
convicted of a felony. The notice must include a general
description of the conduct resulting in the conviction of a felony.
(b) A district may terminate a contract with a person or
business entity if the district determines that the person or
business entity failed to give notice as required by Subsection (a)
or misrepresented the conduct resulting in the conviction. The
district must compensate the person or business entity for services
performed before the termination of the contract.
(c) This section does not apply to a publicly held
corporation.
Sec. 130.294. CHANGE ORDERS. (a) After performance of a
construction contract begins, a district may approve change orders
if necessary to:
(1) make changes in plans or specifications; or
(2) decrease or increase the quantity of work to be
performed or materials, equipment, or supplies to be furnished.
(b) The total price of a contract may not be increased by a
change order unless provision has been made for the payment of the
added cost by the appropriation of current funds or bond funds for
that purpose, by the authorization of the issuance of certificates,
or by a combination of those procedures. The original contract
price may not be increased by more than 25 percent. The original
price may not be decreased by more than 25 percent without the
consent of the contractor.
Sec. 130.295. ERRORS AND OMISSIONS INSURANCE. For any
public work contract awarded under this subchapter, to protect the
interest of the district, the architect or engineer who prepared
the plans and specifications for the public work shall, at the
architect's or engineer's expense, carry an errors and omissions
insurance policy in an amount not less than the amount of the public
work contract.
Sec. 130.296. DESIGN-BUILD CONTRACTS FOR FACILITIES.
(a) In this section:
(1) "Design-build contract" means a single contract
with a design-build firm for the design and construction of a
facility.
(2) "Design-build firm" means a partnership,
corporation, or other legal entity or team that includes an
engineer or architect and a builder qualified to engage in building
construction in this state.
(3) "Design criteria package" means a set of documents
that provides sufficient information, including criteria for
selection, to permit a design-build firm to prepare a response to a
district's request for qualifications and to the district's request
for any additional information. The design criteria package must
specify criteria the district considers necessary to describe the
project and may include, as appropriate, the legal description of
the site, survey information concerning the site, interior space
requirements, special material requirements, material quality
standards, conceptual criteria for the project, special equipment
requirements, cost or budget estimates, time schedules, quality
assurance and quality control requirements, site development
requirements, applicable codes and ordinances, provisions for
utilities, parking requirements, or any other requirement, as
applicable.
(b) A district may use the design-build method for the
construction, rehabilitation, alteration, or repair of a facility.
In using that method and in entering into a contract for the
services of a design-build firm, the contracting district and the
design-build firm shall follow the procedures provided by
Subsections (c)-(j).
(c) The district may designate an engineer or architect to
act as its representative. If the district's engineer or architect
is not a full-time employee of the district, any engineer or
architect designated shall be selected on the basis of demonstrated
competence and qualifications in accordance with Subchapter A,
Chapter 2254, Government Code.
(d) The district shall prepare a request for qualifications
that includes general information on the project site, project
scope, budget, special systems, selection criteria, and other
information that may assist potential design-build firms in
submitting proposals for the project. The district shall also
prepare a design criteria package that includes more detailed
information on the project. If the preparation of the design
criteria package requires engineering or architectural services
that constitute the practice of engineering within the meaning of
Chapter 1001, Occupations Code, or the practice of architecture
within the meaning of Chapter 1051, Occupations Code, those
services shall be provided in accordance with the applicable law.
(e) The district shall evaluate statements of
qualifications and select a design-build firm in two phases:
(1) In phase one, the district shall prepare a request
for qualifications and 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 in response to the
request for qualifications, except that cost-related or
price-related evaluation factors are not permitted. Each offeror
must certify to the district that each engineer or architect who is
a member of its team was selected based on demonstrated competence
and qualifications. The district shall qualify a maximum of five
offerors to submit additional information and, if the district
chooses, to interview for final selection.
(2) In phase two, the district shall evaluate the
information submitted by the offerors on the basis of the selection
criteria stated in the request for qualifications and the results
of any interview. The district may request additional information
regarding demonstrated competence and qualifications,
considerations of the safety and long-term durability of the
project, the feasibility of implementing the project as proposed,
the ability of the offeror to meet schedules, costing methodology,
or other factors as appropriate. The district may not require
offerors to submit detailed engineering or architectural designs as
part of the proposal. The district shall rank each proposal
submitted on the basis of the criteria set forth in the request for
qualifications. The district shall select the design-build firm
that submits the proposal offering the best value for the district
on the basis of the published selection criteria and on its ranking
evaluations. The district shall first attempt to negotiate a
contract with the selected offeror. If the district is unable to
negotiate a satisfactory contract with the selected offeror, the
district shall, formally and in writing, end negotiations with that
offeror and proceed to negotiate with the next offeror in the order
of the selection ranking until a contract is reached or
negotiations with all ranked offerors end.
(f) Following selection of a design-build firm under
Subsection (e), that firm's engineers or architects shall complete
the design, submitting all design elements for review and
determination of scope compliance to the district or to the
district's engineer or architect before or concurrently with
construction.
(g) An engineer shall have responsibility for compliance
with the engineering design requirements and all other applicable
requirements of Chapter 1001, Occupations Code. An architect shall
have responsibility for compliance with the requirements of Chapter
1051, Occupations Code.
(h) The district shall provide or contract for,
independently of the design-build firm, the inspection services,
testing of construction materials engineering, and verification
testing services necessary for acceptance of the facility by the
district. The district shall select those services for which it
contracts in accordance with Section 2254.004, Government Code.
(i) The design-build firm shall supply a signed and sealed
set of construction documents for the project to the district at the
conclusion of construction.
(j) A payment or performance bond is not required for, and
may not provide coverage for, the portion of a design-build
contract under this section that includes design services only. If
a fixed contract amount or guaranteed maximum price has not been
determined at the time a design-build contract is awarded, the
penal sums of the performance and payment bonds delivered to the
district must each be in an amount equal to the project budget, as
specified in the design criteria package. The design-build firm
shall deliver the bonds not later than the 10th day after the date
the design-build firm executes the contract unless the design-build
firm furnishes a bid bond or other financial security acceptable to
the district to ensure that the design-build firm will furnish the
required performance and payment bonds when a guaranteed maximum
price is established.
Sec. 130.297. CONTRACTS FOR FACILITIES: CONSTRUCTION
MANAGER-AGENT. (a) A district may use the construction
manager-agent method for the construction, rehabilitation,
alteration, or repair of a facility. In using that method and in
entering into a contract for the services of a construction
manager-agent, a district shall follow the procedures prescribed by
this section.
(b) A construction manager-agent is a sole proprietorship,
partnership, corporation, or other legal entity that provides
consultation to the district regarding construction,
rehabilitation, alteration, or repair of a facility. A district
using the construction manager-agent method may, under the contract
between the district and the construction manager-agent, require
the construction manager-agent to provide administrative
personnel, equipment necessary to perform duties under this
section, and on-site management and other services specified in the
contract. A construction manager-agent represents the district in
a fiduciary capacity.
(c) Before or concurrently with selecting a construction
manager-agent, the district shall select or designate an engineer
or architect who shall prepare the construction documents for the
project and who has full responsibility for complying with Chapter
1001 or 1051, Occupations Code, as applicable. If the engineer or
architect is not a full-time employee of the district, the district
shall select the engineer or architect on the basis of demonstrated
competence and qualifications as provided by Section 2254.004,
Government Code. The district's engineer or architect may not
serve, alone or in combination with another person, as the
construction manager-agent unless the engineer or architect is
hired to serve as the construction manager-agent under a separate
or concurrent procurement conducted in accordance with this
subchapter. This subsection does not prohibit the district's
engineer or architect from providing customary construction phase
services under the engineer's or architect's original professional
service agreement with the district and in accordance with
applicable licensing laws.
(d) A district shall select a construction manager-agent on
the basis of demonstrated competence and qualifications in the same
manner as provided for the selection of engineers or architects
under Section 2254.004, Government Code.
(e) A district using the construction manager-agent method
shall procure, in accordance with applicable law and in any manner
authorized by this chapter, a general contractor, trade
contractors, or subcontractors who will serve as the prime
contractor for their specific portion of the work.
(f) The district or the construction manager-agent shall
procure in accordance with Section 2254.004, Government Code, all
of the testing of construction materials engineering, the
inspection services, and the verification testing services
necessary for acceptance of the facility by the district.
Sec. 130.298. CONTRACTS FOR FACILITIES: CONSTRUCTION
MANAGER-AT-RISK. (a) A district may use the construction
manager-at-risk method for the construction, rehabilitation,
alteration, or repair of a facility. In using that method and in
entering into a contract for the services of a construction
manager-at-risk, a district shall follow the procedures prescribed
by this section.
(b) A construction manager-at-risk is a sole
proprietorship, partnership, corporation, or other legal entity
that assumes the risk for construction, rehabilitation,
alteration, or repair of a facility at the contracted price as a
general contractor and provides consultation to the district
regarding construction during and after the design of the facility.
(c) Before or concurrently with selecting a construction
manager-at-risk, the district shall select or designate an engineer
or architect who shall prepare the construction documents for the
project and who has full responsibility for complying with Chapter
1001 or 1051, Occupations Code, as applicable. If the engineer or
architect is not a full-time employee of the district, the district
shall select the engineer or architect on the basis of demonstrated
competence and qualifications as provided by Section 2254.004,
Government Code. The district's engineer, architect, or
construction manager-agent for a project may not serve, alone or in
combination with another, as the construction manager-at-risk.
(d) The district shall provide or contract for,
independently of the construction manager-at-risk, the inspection
services, testing of construction materials engineering, and
verification testing services necessary for acceptance of the
facility by the district. The district shall select those services
for which it contracts in accordance with Section 2254.004,
Government Code.
(e) The district shall select the construction
manager-at-risk in either a one-step or two-step process. The
district shall prepare a request for proposals, in the case of a
one-step process, or a request for qualifications, in the case of a
two-step process, that includes general information on the project
site, project scope, schedule, selection criteria, estimated
budget, the time and place for receipt of, as applicable, proposals
or qualifications, a statement as to whether the selection process
is a one-step or two-step process, and other information that may
assist the district in its selection of a construction
manager-at-risk. The district shall state the selection criteria
in the request for proposals or qualifications, as applicable. The
selection criteria may include the offeror's experience, past
performance, safety record, proposed personnel and methodology,
and other appropriate factors that demonstrate the capability of
the construction manager-at-risk. If a one-step process is used,
the district may request, as part of the offeror's proposal,
proposed fees and prices for fulfilling the general conditions. If
a two-step process is used, the district may not request fees or
prices in step one. In step two, the district may request that five
or fewer offerors, selected solely on the basis of qualifications,
provide additional information, including the construction
manager-at-risk's proposed fee and its price for fulfilling the
general conditions.
(f) At each step, the district shall receive, publicly open,
and read aloud the names of the offerors. At the appropriate step,
the district shall also read aloud the fees and prices, if any,
stated in each proposal as the proposal is opened. Within 45 days
after the date of opening the proposals, the district shall
evaluate and rank each proposal submitted in relation to the
criteria set forth in the request for proposals.
(g) The district shall select the offeror that submits the
proposal that offers the best value for the district based on the
published selection criteria and on its ranking evaluation. The
district shall first attempt to negotiate a contract with the
selected offeror. If the district is unable to negotiate a
satisfactory contract with the selected offeror, the district
shall, formally and in writing, end negotiations with that offeror
and proceed to negotiate with the next offeror in the order of the
selection ranking until a contract is reached or negotiations with
all ranked offerors end.
(h) A construction manager-at-risk shall publicize notice,
in accordance with Section 130.285, and receive bids or proposals
from trade contractors or subcontractors for the performance of all
major elements of the work other than the minor work that may be
included in the general conditions. A construction manager-at-risk
may seek to perform portions of the work itself if the construction
manager-at-risk submits its bid or proposal for those portions of
the work in the same manner as all other trade contractors or
subcontractors and if the district determines that the construction
manager-at-risk's bid or proposal provides the best value for the
district.
(i) The construction manager-at-risk and the district or
its representative shall review all trade contractor or
subcontractor bids or proposals in a manner that does not disclose
the contents of the bid or proposal during the selection process to
a person not employed by the construction manager-at-risk,
engineer, architect, or district. All bids or proposals shall be
made public after the award of the contract or within seven days
after the date of final selection of bids or proposals, whichever is
later.
(j) If the construction manager-at-risk reviews, evaluates,
and recommends to the district a bid or proposal from a trade
contractor or subcontractor but the district requires another bid
or proposal to be accepted, the district shall compensate the
construction manager-at-risk by a change in price, time, or
guaranteed maximum cost for any additional cost and risk that the
construction manager-at-risk may incur because of the district's
requirement that another bid or proposal be accepted.
(k) If a selected trade contractor or subcontractor
defaults in the performance of its work or fails to execute a
subcontract after being selected in accordance with this section,
the construction manager-at-risk may, without advertising, fulfill
the contract requirements or select a replacement trade contractor
or subcontractor to fulfill the contract requirements.
(l) If a fixed contract amount or guaranteed maximum price
has not been determined at the time the contract is awarded, the
penal sums of the performance and payment bonds delivered to the
district must each be in an amount equal to the project budget, as
specified in the request for qualifications. The construction
manager-at-risk shall deliver the bonds not later than the 10th day
after the date the construction manager-at-risk executes the
contract unless the construction manager-at-risk furnishes a bid
bond or other financial security acceptable to the district to
ensure that the construction manager will furnish the required
performance and payment bonds when a guaranteed maximum price is
established.
Sec. 130.299. SELECTING CONTRACTOR FOR CONSTRUCTION
SERVICES THROUGH COMPETITIVE SEALED PROPOSALS. (a) In selecting a
contractor for construction, rehabilitation, alteration, or repair
services for a facility through competitive sealed proposals, a
district shall follow the procedures prescribed by this section.
(b) The district shall select or designate an engineer or
architect to prepare construction documents for the project. The
selected or designated engineer or architect has full
responsibility for complying with Chapter 1001 or 1051, Occupations
Code, as applicable. If the engineer or architect is not a
full-time employee of the district, the district shall select the
engineer or architect on the basis of demonstrated competence and
qualifications as provided by Section 2254.004, Government Code.
(c) The district shall provide or contract for,
independently of the contractor, the inspection services, testing
of construction materials engineering, and verification testing
services necessary for acceptance of the facility by the district.
The district shall select those services for which it contracts in
accordance with Section 2254.004, Government Code, and shall
identify them in the request for proposals.
(d) The district shall prepare a request for competitive
sealed proposals that includes construction documents, selection
criteria, estimated budget, project scope, schedule, and other
information that contractors may require to respond to the request.
(e) The district shall receive, publicly open, and read
aloud the names of the offerors and if any are required to be stated
in the request for proposals, all prices stated in each proposal.
Within 45 days after the date of opening the proposals, the district
shall evaluate and rank each proposal submitted in relation to the
published selection criteria.
(f) The district shall first attempt to negotiate a contract
with the selected offeror. The district and its engineer or
architect may discuss with the selected offeror options for a scope
or time modification and any price change associated with the
modification. If the district is unable to negotiate a contract
with the selected offeror, the district shall, formally and in
writing, end negotiations with that offeror and proceed to the next
offeror in the order of the selection ranking until a contract is
reached or all proposals are rejected.
Sec. 130.300. SELECTING CONTRACTOR FOR CONSTRUCTION
SERVICES THROUGH COMPETITIVE BIDDING. Except to the extent
prohibited by other law and to the extent consistent with this
subchapter, a district may use competitive bidding to select a
contractor to perform construction, rehabilitation, alteration, or
repair services for a facility.
Sec. 130.301. JOB ORDER CONTRACTS FOR CONSTRUCTION
SERVICES. (a) A district may award job order contracts for the
minor construction, repair, rehabilitation, or alteration of a
facility if the work is of a recurring nature but the delivery times
are indefinite and indefinite quantities and orders are awarded
substantially on the basis of predescribed and prepriced tasks.
(b) The district may establish contractual unit prices for a
job order contract by:
(1) specifying one or more published construction unit
price books and the applicable divisions or line items; or
(2) providing a list of work items and requiring the
offerors to bid or propose one or more coefficients or multipliers
to be applied to the price book or work items as the price proposal.
(c) The district shall advertise for, receive, and publicly
open sealed proposals for job order contracts.
(d) The district may require offerors to submit additional
information besides rates, including experience, past performance,
and proposed personnel and methodology.
(e) The district may award job order contracts to one or
more job order contractors in connection with each solicitation of
bids or proposals.
(f) An order for a job or project under the job order
contract must be signed by the district's representative and the
contractor. The order may be a fixed price, lump-sum contract based
substantially on contractual unit pricing applied to estimated
quantities or may be a unit price order based on the quantities and
line items delivered.
(g) The contractor shall provide payment and performance
bonds, if required by law, based on the amount or estimated amount
of any order.
(h) The base term of a job order contract is for the period
and with any renewal option that the district sets forth in the
request for proposals. If the district fails to advertise that
term, the base term may not exceed two years and is not renewable
without further advertisement and solicitation of proposals.
(i) If a job order contract or an order issued under the
contract requires engineering or architectural services that
constitute the practice of engineering within the meaning of
Chapter 1001, Occupations Code, or the practice of architecture
within the meaning of Chapter 1051, Occupations Code, those
services shall be provided in accordance with applicable law.
SUBCHAPTER M. SALE OF PERSONAL PROPERTY
BY DISTRICT AND AWARD OF MISCELLANEOUS CONTRACTS FOR SERVICES
Sec. 130.311. SALE OF PERSONAL PROPERTY BY DISTRICT. A sale
of personal property by a junior college district that is not
covered by Chapter 791, Government Code, shall be solicited and
awarded in the same manner as a contract for a purchase of personal
property or services under Subchapter K.
Sec. 130.312. AWARD OF MISCELLANEOUS CONTRACTS FOR
SERVICES. Miscellaneous contracts for services, including
contracts for bookstore services, food services, and vending
services, shall be solicited and awarded in the same manner as a
contract for a purchase of personal property or services under
Subchapter K.
SECTION 5. Section 271.023, Local Government Code, is
amended to read as follows:
Sec. 271.023. CONFLICT OF LAWS. To the extent of any
conflict, the provisions of Subchapter B, Chapter 44, Education
Code, relating to the purchase of goods and services under contract
by a school district and the provisions of Subchapters K and L,
Chapter 130, Education Code, relating to the purchase of goods and
services and construction services under contract by a junior
college prevail over this subchapter.
SECTION 6. Subsection (b), Section 44.0311, and Sections
130.010 and 130.0101, Education Code, are repealed.
SECTION 7. The changes in law made by this Act apply only to
a contract for which requests for bids, requests for proposals, or
requests for qualifications are published or distributed on or
after the effective date of this Act.
SECTION 8. This Act takes effect September 1, 2005.