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A BILL TO BE ENTITLED
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AN ACT
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relating to job order contracts entered into by school districts, |
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public institutions of higher education, navigation districts, and |
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certain other governmental entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 44.031(a), Education Code, is amended to |
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read as follows: |
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(a) Except as provided by this subchapter, all school |
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district contracts, except contracts for the purchase of produce or |
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vehicle fuel, valued at $25,000 or more in the aggregate for each |
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12-month period shall be made by the method, of the following |
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methods, that provides the best value for the district: |
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(1) competitive bidding; |
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(2) competitive sealed proposals; |
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(3) a request for proposals, for services other than |
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construction services; |
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(4) a catalogue purchase as provided by Subchapter B, |
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Chapter 2157, Government Code; |
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(5) an interlocal contract; |
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(6) a design/build contract; |
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(7) a contract to construct, rehabilitate, alter, or |
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repair facilities that involves using a construction manager; |
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(8) a job order contract for the [minor] construction, |
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renovation, repair, rehabilitation, or alteration of a facility in |
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accordance with Section 44.041 or by interlocal agreement; |
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(9) the reverse auction procedure as defined by |
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Section 2155.062(d), Government Code; or |
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(10) the formation of a political subdivision |
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corporation under Section 304.001, Local Government Code. |
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SECTION 2. The heading to Section 44.041, Education Code, |
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is amended to read as follows: |
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Sec. 44.041. JOB ORDER CONTRACTS FOR FACILITIES |
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CONSTRUCTION, RENOVATION, OR REPAIR. |
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SECTION 3. Sections 44.041(a), (c), and (e), Education |
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Code, are amended to read as follows: |
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(a) A school district may award job order contracts for the |
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[minor] construction, renovation, repair, rehabilitation, or |
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alteration of a facility if [the work is of a recurring nature but] |
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the delivery times of the work are indefinite and indefinite |
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quantities and orders are awarded substantially on the basis of |
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predescribed and prepriced tasks. |
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(c) The school district may specify individual job order |
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limitations, contract renewable term limitations, or total |
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contract value limitations. The school district shall advertise |
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for, receive, and publicly open sealed proposals for job order |
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contracts. |
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(e) The district may award job order contracts to a job |
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order contractor and, if considered necessary, a secondary job |
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order contractor [one or more job order contractors] in connection |
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with each solicitation of bids or proposals. |
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SECTION 4. The heading to Section 51.784, Education Code, |
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is amended to read as follows: |
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Sec. 51.784. JOB ORDER CONTRACTS FOR FACILITIES |
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CONSTRUCTION, RENOVATION, OR REPAIR. |
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SECTION 5. Sections 51.784(a), (c), and (e), Education |
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Code, are amended to read as follows: |
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(a) An institution may award job order contracts for the |
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[minor] construction, renovation, repair, rehabilitation, or |
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alteration of a facility if [the work is of a recurring nature but] |
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the delivery times of the work are indefinite and indefinite |
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quantities and orders are awarded substantially on the basis of |
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predescribed and prepriced tasks. |
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(c) The board may specify individual job order limitations, |
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contract renewable term limitations, or total contract value |
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limitations. The board shall advertise for, receive, and publicly |
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open sealed proposals for job order contracts. |
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(e) The board may award job order contracts to a job order |
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contractor and, if considered necessary, a secondary job order |
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contractor [one or more job order contractors] in connection with |
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each solicitation of bids or proposals. |
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SECTION 6. Section 271.113(a), Local Government Code, is |
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amended to read as follows: |
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(a) In entering into a contract for the construction of a |
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facility, a governmental entity may use any of the following |
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methods that provides the best value for the governmental entity: |
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(1) competitive bidding; |
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(2) competitive sealed proposals for construction |
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services; |
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(3) a design-build contract; |
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(4) a contract to construct, rehabilitate, alter, or |
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repair facilities that involves using a construction manager; or |
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(5) a job order contract for the construction, |
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renovation, [minor] repair, rehabilitation, or alteration of a |
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facility. |
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SECTION 7. The heading to Section 271.120, Local Government |
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Code, is amended to read as follows: |
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Sec. 271.120. JOB ORDER CONTRACTS FOR FACILITIES |
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CONSTRUCTION, RENOVATION, OR REPAIR. |
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SECTION 8. Sections 271.120(a), (c), (e), and (f), Local |
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Government Code, are amended to read as follows: |
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(a) A governmental entity may award job order contracts for |
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the [minor] construction, renovation, repair, rehabilitation, or |
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alteration of a facility if [the work is of a recurring nature but] |
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the delivery times of the work are indefinite and indefinite |
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quantities and orders are awarded substantially on the basis of |
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predescribed and prepriced tasks. |
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(c) The governmental entity may specify individual job |
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order limitations, contract renewable term limitations, or total |
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contract value limitations. The governmental entity shall |
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advertise for, receive, and publicly open sealed proposals for job |
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order contracts. |
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(e) The governmental entity may award job order contracts to |
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a job order contractor and, if considered necessary, a secondary |
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job order contractor [one or more job order contractors] in |
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connection with each solicitation of bids or proposals. |
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(f) An order for a job or project under the job order |
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contract must be signed by the governmental entity's representative |
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and the contractor. The order may be a fixed price, lump-sum |
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contract based substantially on contractual unit pricing applied to |
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estimated quantities or may be a unit price order based on the |
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quantities and line items [times] delivered. |
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SECTION 9. Section 60.454, Water Code, is amended to read as |
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follows: |
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Sec. 60.454. PURCHASING CONTRACT METHODS. Notwithstanding |
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any other provision of this chapter or other law, a district |
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contract valued at $25,000 or more in the aggregate for each |
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12-month period may be made by the method below that, in the opinion |
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of the district's commission, provides the best value for the |
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district: |
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(1) a design-build contract to construct, |
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rehabilitate, alter, or repair facilities; |
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(2) a contract to construct, rehabilitate, alter, or |
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repair facilities that involves using a construction manager-agent |
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or construction manager-at-risk; |
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(3) competitive sealed proposals; |
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(4) a job order contract for the construction, |
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renovation, repair, rehabilitation, or alteration of a facility; |
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(5) a request for proposals, if the contract is for |
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services other than construction services; |
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(6) competitive sealed bids; |
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(7) a catalog purchase as provided by Subchapter B, |
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Chapter 2157, Government Code; |
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(8) an interlocal contract as provided by Chapter 791, |
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Government Code; |
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(9) the reverse auction procedure as defined by |
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Section 2155.062(d), Government Code; |
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(10) a contract with the United States, including any |
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agency thereof; or |
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(11) a contract with this state, including an agency |
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of this state. |
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SECTION 10. The heading to Section 60.464, Water Code, is |
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amended to read as follows: |
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Sec. 60.464. JOB ORDER CONTRACTS FOR FACILITIES |
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CONSTRUCTION, RENOVATION, OR REPAIR. |
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SECTION 11. Sections 60.464(a), (c), and (e), Water Code, |
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are amended to read as follows: |
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(a) A district may award job order contracts for the |
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construction, renovation, repair, rehabilitation, or alteration of |
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a facility if [the work is of a recurring nature but] the delivery |
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times of the work are indefinite and indefinite quantities and |
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orders are awarded substantially on the basis of predescribed and |
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prepriced tasks. |
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(c) The governmental entity may specify individual job |
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order limitations, contract renewable term limitations, or total |
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contract value limitations. The district shall advertise for, |
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receive, and publicly open sealed proposals for job order |
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contracts. |
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(e) The district may award job order contracts to a job |
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order contractor and, if considered necessary, a secondary job |
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order contractor [one or more job order contractors] in connection |
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with each solicitation of bids or proposals. |
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SECTION 12. The changes in law made by this Act apply only |
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to a job order contract for which a school district, public |
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institution of higher education, governmental entity, or |
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navigation district first advertises for sealed proposals on or |
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after September 1, 2007. A job order contract for which a school |
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district, public institution of higher education, governmental |
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entity, or navigation district first advertises for sealed |
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proposals before September 1, 2007, is governed by the law in effect |
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on the date the district, institution, or entity first advertises |
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for sealed proposals, and the former law is continued in effect for |
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that purpose. |
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SECTION 13. This Act takes effect September 1, 2007. |