84R3370 TSR-D
 
  By: Bettencourt S.B. No. 1460
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the evaluation and ranking of similar offers submitted
  to a governmental entity for certain construction-related
  contracts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 2269, Government Code, is
  amended by adding Section 2269.0565 to read as follows:
         Sec. 2269.0565.  EXPLANATION OF EVALUATION AND RANKING. (a)
  An offeror who submits a bid, proposal, or request for
  qualification under this chapter may request the governmental
  entity to explain the evaluation and ranking of a submission that
  was not selected and that:
               (1)  is ranked differently than a similar submission of
  a bid, proposal, or request for qualification by the offeror to the
  governmental entity during the preceding year;
               (2)  uses the same data that was used to develop the
  previous submission; and
               (3)  is based on the same selection criteria that was
  used to evaluate and rank the previous submission. 
         (b)  A request made under this section must be in writing.
         (c)  Not later than the 30th day after the date a request is
  made under this section, the governmental entity shall deliver to
  the offeror a written explanation of the basis of the evaluation and
  ranking of the submission, including an explanation of why the
  submission was ranked differently than the previous submission.
         SECTION 2.  The change in law made by Section 2269.0565,
  Government Code, as added by this Act, applies only to the
  evaluation and ranking of a bid, proposal, or request for
  qualification submitted by an offeror to a governmental entity on
  or after the effective date of this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.