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A BILL TO BE ENTITLED
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AN ACT
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relating to public work contracts of governmental entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 2269, Government Code, is |
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amended by adding Section 2269.0525 to read as follows: |
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Sec. 2269.0525. PREQUALIFICATION PROCESS. (a) A |
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governmental entity may implement a prequalification process to |
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eliminate unqualified offerors from consideration for a public work |
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project under a method authorized by this chapter. A governmental |
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entity that implements a prequalification process shall advertise |
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or publish notice of the prequalification process along with a |
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request for qualifications in a manner prescribed by law. In |
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addition, the governmental entity may directly solicit |
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qualifications from potential offerors if the competitive |
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requirements of this chapter and other applicable law are followed. |
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(b) If a governmental entity considers a construction |
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contract using competitive bidding under this chapter, in |
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implementing a prequalification process under Subsection (a), the |
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governmental entity: |
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(1) may not rank potential offerors; and |
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(2) shall determine if any potential offerors meet |
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minimum qualification requirements for completing the construction |
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contract. |
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(c) A governmental entity may consider the following |
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factors during the prequalification process: |
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(1) the potential offeror's experience with other |
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construction projects for the governmental entity; |
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(2) the potential offeror's commercial and financial |
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history and stability; |
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(3) the potential offeror's ability to self-perform |
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the construction project services; |
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(4) the potential offeror's familiarity and experience |
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with subcontractors and suppliers in the area served by the |
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governmental entity; |
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(5) whether the potential offeror has been involved in |
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litigation related to a construction project during the preceding |
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five years; |
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(6) the potential offeror's ability and capacity to |
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provide performance and payment bonds; |
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(7) whether the potential offeror has ever failed to |
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complete a project for a governmental entity; |
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(8) the potential offeror's experience with |
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construction projects of similar size and scope; and |
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(9) the qualifications and experience of the potential |
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offeror's proposed project team. |
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SECTION 2. Section 2269.055, Government Code, is amended to |
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read as follows: |
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Sec. 2269.055. CRITERIA TO CONSIDER. (a) In determining |
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the award of a contract under this chapter, the governmental entity |
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may consider: |
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(1) the price; |
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(2) the offeror's experience with similar construction |
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projects and reputation; |
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(3) the quality of the offeror's goods or services; |
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(4) the impact on the ability of the governmental |
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entity to comply with rules relating to historically underutilized |
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businesses; |
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(5) the offeror's safety record; |
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(6) the offeror's proposed personnel; |
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(7) whether the offeror's financial capability is |
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appropriate to the size and scope of the project; and |
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(8) any other relevant factor specifically listed in |
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the request for bids, proposals, or qualifications. |
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(b) In determining the award of a contract under this |
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chapter, the governmental entity shall: |
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(1) consider and apply any existing laws, including |
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any criteria, related to historically underutilized businesses; |
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[and] |
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(2) consider and apply any existing laws, rules, or |
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applicable municipal charters, including laws applicable to local |
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governments, related to the use of women, minority, small, or |
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disadvantaged businesses; and |
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(3) consider good faith efforts to comply with laws, |
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rules, or applicable municipal charters described by Subdivision |
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(2). |
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(c) In this section, "good faith effort" means documented |
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evidence of outreach to enlist services, or bids and proposals, |
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from available, certified, and qualified businesses. |
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SECTION 3. Section 2269.056(b), Government Code, is amended |
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to read as follows: |
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(b) The governmental entity shall base its selection among |
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offerors on applicable criteria listed for the particular method |
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used. The governmental entity shall publish in the request for |
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proposals or qualifications the: |
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(1) criteria that will be used to evaluate the |
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offerors; |
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(2) [, and the] applicable weighted value for each |
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criterion; and |
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(3) detailed methodology for scoring each criterion. |
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SECTION 4. Subchapter B, Chapter 2269, Government Code, is |
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amended by adding Section 2269.0565 to read as follows: |
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Sec. 2269.0565. EXPLANATION OF EVALUATION AND RANKING. (a) |
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An offeror who submits a bid, proposal, or qualification for a |
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construction contract under this chapter and who is not awarded the |
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contract may make a request in writing to the governmental entity to |
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provide an explanation of its evaluation and, if applicable, |
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ranking of the offeror's submission if the submission was: |
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(1) evaluated or ranked differently than a comparable |
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submission from the offeror to the governmental entity during the |
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preceding year; |
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(2) developed using the same data that was used to |
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develop the offeror's previous submission; and |
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(3) evaluated or ranked using the same criteria that |
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was used to evaluate or rank the offeror's previous submission. |
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(b) Not later than the 30th day after the date a request is |
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made under Subsection (a), the governmental entity shall deliver to |
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the offeror a written explanation of its evaluation and, if |
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applicable, ranking of the offeror's submission, including an |
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explanation of why the submission was evaluated or ranked |
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differently than the offeror's previous submission to the |
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governmental entity. |
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SECTION 5. Section 2269.103, Government Code, is amended to |
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read as follows: |
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Sec. 2269.103. PREPARATION OF REQUEST. (a) The |
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governmental entity shall prepare a request for competitive bids |
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that includes construction documents, estimated budget, project |
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scope, estimated project completion date, and other information |
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that a contractor may require to submit a bid. |
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(b) Before preparing a request for competitive bids under |
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Subsection (a), a governmental entity may use the prequalification |
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process described by Section 2269.0525. |
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SECTION 6. Section 2269.153, Government Code, is amended to |
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read as follows: |
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Sec. 2269.153. PREPARATION OF REQUEST. (a) The |
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governmental entity shall prepare a request for competitive sealed |
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proposals that includes construction documents, selection criteria |
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and the weighted value for each criterion, estimated budget, |
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project scope, estimated project completion date, and other |
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information that a contractor may require to respond to the |
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request. |
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(b) Before preparing a request for competitive sealed |
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proposals under Subsection (a), a governmental entity may use the |
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prequalification process described by Section 2269.0525. |
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SECTION 7. The change in law made by this Act applies only |
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to a public work contract for which a governmental entity first |
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advertises or otherwise solicits bids, proposals, offers, or |
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qualifications or makes a similar solicitation on or after the |
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effective date of this Act. A public work contract for which a |
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governmental entity first advertises or otherwise solicits bids, |
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proposals, offers, or qualifications or makes a similar |
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solicitation before the effective date of this Act is governed by |
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the law in effect on the date the advertisement or solicitation is |
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made, and that law is continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2017. |