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A BILL TO BE ENTITLED
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AN ACT
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relating to design-build procedures for civil works projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2269.353(a), Government Code, is amended |
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to read as follows: |
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(a) A governmental entity may use the design-build method |
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for the construction, rehabilitation, alteration, or repair of a |
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civil works project. In using this method and in entering into a |
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contract for the services of a design-build firm, the contracting |
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governmental entity and the design-build firm shall follow the |
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procedures provided by this subchapter. The governmental entity |
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shall select the design-build firm in a one-step or two-step |
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process. |
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SECTION 2. The heading to Section 2269.357, Government |
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Code, is amended to read as follows: |
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Sec. 2269.357. REQUEST FOR PROPOSALS OR QUALIFICATIONS. |
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SECTION 3. Section 2269.357, Government Code, is amended by |
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amending Subsection (a) and adding Subsections (c) and (d) to read |
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as follows: |
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(a) The governmental entity shall prepare a single request |
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for proposals, in the case of a one-step process, or an initial |
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request for qualifications, in the case of a two-step process, that |
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includes a statement that the selection process is a one-step or |
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two-step process and: |
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(1) information on the civil works project site; |
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(2) project scope; |
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(3) project budget; |
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(4) project schedule; |
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(5) criteria for selection under Section 2269.359 and |
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the formula for evaluating proposals [weighting of the criteria]; |
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and |
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(6) other information that may assist potential |
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design-build firms in submitting proposals or responses to a |
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request for qualifications for the project. |
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(c) If a one-step process is used, in addition to the |
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information required by Subsection (a), the request for proposals |
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shall include the design criteria package. |
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(d) If a two-step process is used, the governmental entity |
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may not request, as part of the offeror's response to the request |
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for qualifications, the offeror's cost proposal or technical |
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proposal. |
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SECTION 4. Section 2269.359, Government Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (a-1) to |
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read as follows: |
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(a) The governmental entity shall receive proposals, in the |
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case of a one-step process, or responses to a request for |
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qualifications, in the case of a two-step process, and shall |
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evaluate each offeror's experience, technical competence, project |
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approach, cost methodology, and capability to perform, the past |
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performance of the offeror's team and members of the team, and other |
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appropriate factors submitted by the team or firm in response to the |
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request for proposals or qualifications. The governmental entity |
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may not evaluate any cost-related or price-related factors, other |
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than the offeror's cost methodology[, except that cost-related or
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price-related evaluation factors are not permitted at this stage]. |
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(a-1) If a one-step process is used, the governmental entity |
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shall also evaluate, for each offeror, the results of each |
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offeror's interview, if the governmental entity included the |
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results of an interview process in the selection criteria. |
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(c) If a two-step process is used, the [The] governmental |
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entity shall, in accordance with the evaluation criteria described |
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by Subsection (a), qualify five or fewer offerors to: |
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(1) submit additional information, including the |
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offeror's cost proposal and technical proposal under Section |
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2269.361; and |
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(2) submit to an interview, if the governmental entity |
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included the results of an interview process in the selection |
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criteria [entity chooses, to interview for final selection]. |
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SECTION 5. Section 2269.360, Government Code, is amended to |
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read as follows: |
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Sec. 2269.360. SELECTION OF DESIGN-BUILD FIRM. (a) If a |
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one-step process is used to select a design-build firm, the |
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governmental entity shall select the firm after evaluating the |
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proposals received in accordance with Section 2269.359 and the |
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governmental entity's selection criteria, as stated in the request |
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for proposals. |
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(b) If a two-step process is used to select a design-build |
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firm, the [The] governmental entity shall select the [a
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design-build] firm using a combination of technical and cost |
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proposals as provided by Section 2269.361. |
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SECTION 6. The heading to Section 2269.361, Government |
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Code, is amended to read as follows: |
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Sec. 2269.361. PROCEDURES FOR SELECTION OF DESIGN-BUILD |
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FIRM UNDER TWO-STEP PROCESS [COMBINATION OF TECHNICAL AND COST
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PROPOSALS]. |
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SECTION 7. Sections 2269.361(a) and (e), Government Code, |
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are amended to read as follows: |
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(a) A governmental entity shall request proposals from |
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design-build firms identified under Section 2269.359(c). A firm |
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must submit a proposal not later than the 180th day after the date |
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the governmental entity makes a public request for the proposals |
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from the selected firms. The request for proposals must include: |
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(1) a design criteria package; |
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(2) if the project site is identified, a geotechnical |
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baseline report or other information that provides the design-build |
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firm minimum geotechnical design parameters to submit a proposal; |
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(3) detailed instructions for preparing both a cost |
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proposal and a [the] technical proposal, and the items to be |
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included in the technical proposal, including a description of the |
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form and level of completeness of drawings expected; and |
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(4) the [relative weighting of the technical and price
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proposals and the] formula by which the proposals will be evaluated |
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and ranked. |
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(e) The governmental entity shall first open, evaluate, and |
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score each responsive technical proposal submitted on the basis of |
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the criteria described in the request for proposals and assign |
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points on the basis of the formula [weighting] specified in the |
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request for proposals. The governmental entity may reject as |
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nonresponsive any firm that makes a significant change to the |
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composition of its firm as initially submitted. The governmental |
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entity shall subsequently open, evaluate, and score the cost |
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proposals from firms that submitted a responsive technical proposal |
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and assign points on the basis of the formula [weighting] specified |
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in the request for proposals. The governmental entity shall select |
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the design-build firm in accordance with the formula provided in |
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the request for proposals. |
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SECTION 8. Section 2269.362, Government Code, is amended to |
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read as follows: |
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Sec. 2269.362. NEGOTIATION. After selecting the |
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highest-ranked design-build firm under Section 2269.360 for a |
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one-step process, or Section 2269.361 for a two-step process, the |
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governmental entity shall first attempt to negotiate a contract |
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with the selected firm. If the governmental entity is unable to |
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negotiate a satisfactory contract with the selected firm, the |
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entity shall, formally and in writing, end all negotiations with |
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that firm and proceed to negotiate with the next firm in the order |
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of the selection ranking until a contract is reached or |
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negotiations with all ranked firms end. |
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SECTION 9. Section 2269.364(c), Government Code, is amended |
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to read as follows: |
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(c) The governmental entity may offer an unsuccessful |
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design-build firm that submits a proposal in response to the |
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entity's request for proposals in a one-step process under Section |
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2269.357, or the entity's request for proposals in a two-step |
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process [additional information] under Section 2269.361, a stipend |
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for preliminary engineering costs associated with the development |
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of the proposal. The stipend must be [one-half of one percent of
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the contract amount and must be] specified in the initial request |
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for proposals or qualifications. If the offer is accepted and paid, |
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the governmental entity may make use of any work product contained |
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in the proposal, including the techniques, methods, processes, and |
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information contained in the proposal. The use by the governmental |
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entity of any design element contained in an unsuccessful proposal |
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is at the sole risk and discretion of the entity and does not confer |
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liability on the recipient of the stipend under this subsection. |
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SECTION 10. The following provisions of the Government Code |
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are repealed. |
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(1) Section 2269.352; |
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(2) Sections 2269.353(b) and (c); and |
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(3) Section 2269.354. |
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SECTION 11. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2015. |