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Amend CSHB 447 (House Committee Report Printing) to read as
follows:
(1) In section 2.06 of the bill, page 29, line 8, after the
word "bidding", insert ", for services other than construction
services;".
(2) In section 2.06 of the bill, page 29, line 9, after the
word "proposals", insert ", for services other than construction
services;".
(3) Add new section to read as follows:
SECTION ____. Subchapter B, Chapter 44, Education Code is
amended by adding Section 44.035 to read as follows:
Sec. 44.035. COMPETITIVE BIDDING. (a) Except to the extent
prohibited by other law and to the extent consistent with this
subchapter, a school district may use competitive bidding to select
a vendor as authorized by Section 44.031(a)(1).
(b) Except as otherwise specifically provided by this
subsection, Subchapter B, Chapter 271, Local Government Code, does
not apply to a competitive bidding process under this subchapter.
Sections 271.026, 271.027(a), and 271.0275, Local Government Code,
apply to a competitive bidding process under this subchapter.
(c) A school district shall award a competitively bid
contract at the bid amount to the bidder offering the best value for
the district. In determining the best value for the district, the
district is not restricted to considering price alone, but may
consider any other factors stated in the selection criteria. The
selection criteria may include the factors listed in Section
44.031(b).
(4) Add new section to read as follows:
SECTION ____. Subchapter B, Chapter 44, Education Code is
amended by adding Section 44.036 to read as follows:
Sec. 44.036. COMPETITIVE SEALED PROPOSALS. (a) In selecting a
vendor through competitive sealed proposals as authorized by
Section 44.031(a)(2), a school district shall follow the procedures
prescribed by this section.
(b) The district shall prepare a request for competitive
sealed proposals that includes information that vendors may require
to respond to the request. The district shall state in the request
for proposals the selection criteria that will be used in selecting
the successful offeror.
(c) The district shall receive, publicly open, and read aloud
the names of the offerors and, if any are required to be stated, 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.
(d) The district shall select the offeror 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 with the selected offeror a contract. The
district 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.
(e) In determining the best value for the district, the
district is not restricted to considering price alone, but may
consider any other factors stated in the selection criteria.