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A BILL TO BE ENTITLED
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AN ACT
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relating to job order contracting. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2269.001, Government Code, is amended by |
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adding Subdivision (5-a) to read as follows: |
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(5-a) "Horizontal construction project" means: |
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(A) a highway, road, street, bridge, utility, |
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water supply project, water plant, wastewater plant, water and |
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wastewater distribution or conveyance facility, wharf, dock, |
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airport runway or taxiway, drainage project, or related type of |
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project associated with civil engineering construction; or |
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(B) work relating to a building or structure that |
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is incidental to a project that is primarily a civil engineering |
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construction project. |
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SECTION 2. Section 2269.004, Government Code, is amended to |
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read as follows: |
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Sec. 2269.004. APPLICABILITY OF CHAPTER TO CERTAIN |
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TRANSPORTATION CONTRACTS, PROJECTS, AND ENTITIES [EXEMPTION: TEXAS
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DEPARTMENT OF TRANSPORTATION; HIGHWAY PROJECTS]. (a) Except as |
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otherwise provided by Subsections (b) and (c), this [This] chapter |
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does not apply to: |
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(1) a contract entered into by the Texas Department of |
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Transportation; [or] |
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(2) a project that receives money from a state or |
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federal highway fund; |
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(3) a regional tollway authority under Chapter 366, |
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Transportation Code; |
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(4) an improvement project undertaken by or through a |
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local government corporation exempt from competitive bidding |
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requirements or restrictions under Section 431.110, Transportation |
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Code; |
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(5) a regional mobility authority under Chapter 370, |
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Transportation Code; |
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(6) a coordinated county transportation authority |
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under Chapter 460, Transportation Code; or |
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(7) a project of a county under Chapter 284, |
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Transportation Code. |
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(b) Notwithstanding any other law, a contract, project, or |
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entity described by Subsections (a)(1)-(6) may use job order |
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contracting under Subchapter I for projects described by Section |
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2269.403. |
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(c) A county may adopt an order electing to be governed by |
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this chapter for a project to be developed by the county under |
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Chapter 284, Transportation Code. |
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SECTION 3. Section 2269.401, Government Code, is amended to |
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read as follows: |
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Sec. 2269.401. JOB ORDER CONTRACTING. In this chapter, |
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"job order contracting" is a procurement method used for |
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maintenance, repair, alteration, renovation, remediation, or |
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[minor] construction of a facility or for a horizontal construction |
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project when the [work is of a recurring nature but the delivery
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times,] type[,] and quantities of work required are indefinite. |
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SECTION 4. The heading to Section 2269.403, Government |
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Code, is amended to read as follows: |
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Sec. 2269.403. REQUIREMENTS FOR JOB ORDER CONTRACTS [FOR
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FACILITIES]. |
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SECTION 5. Section 2269.403(a), Government Code, is amended |
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to read as follows: |
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(a) A governmental entity may award job order contracts for |
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the maintenance, repair, alteration, renovation, remediation, or |
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[minor] construction of a facility or for a horizontal construction |
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project if[:
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[(1)
the work is of a recurring nature but the delivery
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times are indefinite; and
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[(2)] indefinite quantities and orders are awarded |
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substantially on the basis of predescribed and prepriced tasks. |
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SECTION 6. Section 2269.404, Government Code, is amended to |
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read as follows: |
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Sec. 2269.404. CONTRACTUAL UNIT PRICES. The governmental |
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entity shall [may] establish contractual unit prices for a job |
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order contract by: |
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(1) specifying one or more published construction unit |
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price books and the applicable divisions or line items; and [or] |
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(2) providing a list of work items and requiring the |
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offerors to propose one or more coefficients or multipliers to be |
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applied to the price book or prepriced work items as the price |
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proposal. |
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SECTION 7. Section 2269.405(c), Government Code, is amended |
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to read as follows: |
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(c) The governmental entity may require offerors to submit |
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information in addition to the offeror's proposed coefficients or |
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multipliers [rates], including experience, past performance, and |
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proposed personnel and methodology. |
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SECTION 8. Section 2269.406, Government Code, is amended to |
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read as follows: |
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Sec. 2269.406. AWARDING OF JOB ORDER CONTRACTS. The |
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governmental entity may award a job order contract only [contracts] |
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to one [or more] job order contractor [contractors] in connection |
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with each solicitation of proposals. |
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SECTION 9. Section 2269.408(b), Government Code, is amended |
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to read as follows: |
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(b) Subsection (a) does not apply to a job order contract or |
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an order issued under the contract [for industrialized housing,
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industrialized buildings, or relocatable educational facilities
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subject to and approved under Chapter 1202, Occupations Code,] if |
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the contractor employs the services of an architect or engineer who |
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approves the documents for the project. |
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SECTION 10. Section 2269.410, Government Code, is amended |
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by amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) The order may be: |
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(1) a fixed price, lump-sum contract based |
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[substantially] on contractual unit pricing applied to the scope of |
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work [estimated quantities]; or |
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(2) a unit price order based on the quantities and line |
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items delivered. |
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(c) The order under a job order contract for a construction |
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project must include detailed line item descriptions, quantities, |
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and prices for each construction task, including the associated |
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coefficients or multipliers, to produce a lump-sum price of the |
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project. |
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SECTION 11. Sections 2269.006, 2269.007, 2269.008, |
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2269.009, 2269.010, and 2269.402, Government Code, are repealed. |
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SECTION 12. The changes in law made by this Act apply only |
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to a job order contract entered into or renewed on or after the |
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effective date of this Act and any order for a job or project under |
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that contract. A job order contract entered into or renewed before |
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the effective date of this Act and any order for a job or project |
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under that contract is governed by the law in effect immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 13. This Act takes effect September 1, 2019. |