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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedures for awarding certain contracts financed |
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by certificates of obligation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 271.054, Local Government Code, is |
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amended to read as follows: |
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Sec. 271.054. COMPETITIVE BIDDING REQUIREMENT. Before the |
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governing body of an issuer may enter into a contract requiring an |
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expenditure by or imposing an obligation or liability on the |
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issuer, or on a subdivision of the issuer if the issuer is a county, |
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of more than $25,000, the governing body must: |
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(1) submit the proposed contract to competitive |
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bidding; or |
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(2) for a contract for which a governmental entity |
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first advertised or otherwise requested bids, proposals, offers, or |
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qualifications on or after September 1, 2003, use an alternate |
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method of project delivery authorized under Subchapter H. |
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SECTION 2. Sections 271.118, Local Government Code, is |
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amended by amending Subsections (f) and (i) and adding Subsection |
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(f-1) to read as follows: |
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(f) At each step, the governmental entity shall receive, |
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publicly open, and read aloud the names of the offerors. If the |
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governmental entity has requested as a part of the offeror's |
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proposal proposed fees and prices for fulfilling the general |
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conditions, the governmental entity may not read aloud the fees and |
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prices at the time the proposals are opened [At the appropriate
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step, the governmental entity shall also read aloud the fees and
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prices, if any, stated in each proposal as the proposal is opened]. |
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For a contract or arrangement using the method provided by this |
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section for which a governmental entity first advertised or |
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otherwise requested bids, proposals, offers, or qualifications on |
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or after September 1, 2003, failure to comply with this subsection |
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does not: |
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(1) void a contract or arrangement under Section |
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271.112(f); or |
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(2) otherwise violate a provision of this subchapter. |
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(f-1) Not later than the 45th day after the date of opening |
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the proposals, the governmental entity shall evaluate and rank each |
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proposal submitted in relation to the criteria set forth in the |
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request for proposals. |
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(i) The construction manager-at-risk and the governmental |
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entity or its representative shall review all trade contractor or |
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subcontractor bids or proposals in a manner that does not disclose |
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the contents of the bid or proposal during the selection process to |
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a person not employed by the construction manager-at-risk, |
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engineer, architect, or governmental entity. All bids or proposals |
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shall be made public after the award of the contract or not later |
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than the seventh day after the date of final selection of bids or |
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proposals, whichever is later. The fees and prices that are made |
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public under this subsection must include the totals associated |
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with the separate categories of each bid or proposal along with the |
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other information associated with the category except for |
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information identified as trade secrets or confidential |
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information. |
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SECTION 3. This Act takes effect September 1, 2007. |