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Amend CSHB 300 by adding the following appropriately numbered
SECTION to ARTICLE I of the bill and renumbering subsequent
SECTIONS of the article accordingly:
SECTION 1.____. (a) Section 2254.004(a), Government Code,
is amended to read as follows:
(a) In procuring architectural, engineering, or land
surveying services, a governmental entity, other than the Texas
Department of Transportation using the alternative procedure under
Section 2254.0045, shall:
(1) first select the most highly qualified provider of
those services on the basis of demonstrated competence and
qualifications; and
(2) then attempt to negotiate with that provider a
contract at a fair and reasonable price.
(b) Subchapter A, Chapter 2254, Government Code, is amended
by adding Section 2254.0045 to read as follows:
Sec. 2254.0045. ALTERNATIVE PROCEDURE FOR PROCURING
ARCHITECTURAL, ENGINEERING, AND LAND SURVEYING SERVICES BY TEXAS
DEPARTMENT OF TRANSPORTATION. (a) In this section, "department"
means the Texas Department of Transportation.
(b) As an alternative to the procurement method prescribed
by Section 2254.004, the department may procure architectural,
engineering, or land surveying services using the procedure
provided by this section.
(c) The department shall prepare and issue a request for
qualifications.
(d) The department shall evaluate statements of
qualifications and rank a reasonable number of the most highly
qualified providers of architectural, engineering, or land
surveying services on the basis of demonstrated competence,
qualifications, and estimated delivery date.
(e) The department shall solicit competitive proposals from
the providers selected under Subsection (d). The department shall
include with the solicitation the information necessary for the
solicited providers to submit a responsive competitive proposal.
(f) The department shall select the provider that submits
the competitive proposal offering the best value for the department
on the basis of price, demonstrated competence, qualifications, and
estimated delivery date.
(g) The department shall first attempt to negotiate a
contract with the provider selected under Subsection (f). If the
department is unable to negotiate a satisfactory contract with the
selected provider or if the selected provider is released from the
contract during the first three months of the contract, the
department shall proceed to negotiate a contract with the next
provider in the order of the ranking established by the department
under Subsection (f) if that provider agrees to the terms of its
original proposal.
(h) A rule of a professional licensing board prohibiting an
architect, engineer, or land surveyor from submitting a competitive
bid or proposal does not apply to a competitive proposal submitted
under this section.
(c) Section 2254.0045, Government Code, as added by this
section applies only to a contract for which requests for proposals
or requests for qualifications are published or distributed on or
after the effective date of this Act.