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A BILL TO BE ENTITLED
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AN ACT
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relating to civil works projects and other construction projects of |
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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 FOR CIVIL WORKS |
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PROJECTS. (a) In this section, "civil works project" has the |
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meaning assigned by Section 2269.351. |
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(b) A governmental entity may implement a prequalification |
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process to eliminate unqualified offerors from consideration for a |
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civil works project under a competitive bidding method authorized |
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by this chapter. A governmental entity that implements a |
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prequalification process under this section shall advertise or |
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publish notice of the prequalification process along with a request |
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for qualifications 30 days before the invitation for bids is issued |
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in a manner prescribed by law. In addition, the governmental entity |
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may directly solicit qualifications from potential offerors if the |
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competitive requirements of this chapter and other applicable law |
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are followed. |
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(c) If a governmental entity considers a contract for a |
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civil works project using competitive bidding under this chapter, |
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in implementing a prequalification process under Subsection (b), |
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the 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 civil works |
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project, including meeting any requirements related to an |
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experience modification rate for workers' compensation insurance |
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premiums that the governmental entity will allow without additional |
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information and actions taken to prevent future incidents. |
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(d) 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 of similar size and scope; |
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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 or arbitration with a governmental entity related to a |
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construction project during the preceding 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 qualifications and experience of the potential |
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offeror's management or project team; and |
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(9) the potential offeror's safety record for the |
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previous three years. |
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(e) If a potential offeror has been involved in litigation |
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or arbitration as described by Subsection (d)(5), the potential |
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offeror shall provide to the governmental entity the name of the |
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parties involved and a brief description of the nature and outcome |
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of the litigation or arbitration. |
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SECTION 2. 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: |
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(1) the criteria that will be used to evaluate the |
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offerors; |
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(2) the applicable weighted value for each criterion; |
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and |
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(3) [for state agencies,] a detailed methodology for |
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scoring each criterion. |
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SECTION 3. Subchapter B, Chapter 2269, Government Code, is |
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amended by adding Section 2269.060 to read as follows: |
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Sec. 2269.060. EXPLANATION OF EVALUATION AND RANKING. (a) |
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An offeror who submits a bid, proposal, or response to a request for |
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qualifications for a construction contract under this chapter may, |
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after the contract is awarded, make a request in writing to the |
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governmental entity to provide an explanation of its evaluation of |
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the offeror's 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 or grant the offeror an |
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interview with a representative of the selection team regarding its |
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evaluation of the submission including, if applicable, its ranking |
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of the submission. |
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SECTION 4. 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) For civil works projects, before preparing a request for |
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competitive bids under Subsection (a), a governmental entity may |
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use the prequalification process for civil works projects described |
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by Section 2269.0525. |
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SECTION 5. 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) For civil works projects, the weighted value assigned to |
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price must be at least 50 percent of the total weighted value of all |
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selection criteria. |
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SECTION 6. Section 2269.155, Government Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) Not later than the seventh business day after the date |
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the contract is awarded, the governmental entity shall document the |
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basis of its selection and shall make the evaluations public. |
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SECTION 7. Section 2269.452(a), Government Code, is amended |
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to read as follows: |
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(a) This chapter may be enforced through an action for |
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declaratory or injunctive relief filed not later than the 15th |
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[10th] day after the date on which the contract is awarded. |
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SECTION 8. The change in law made by this Act applies only |
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to a contract for which a governmental entity first advertises or |
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otherwise solicits bids, proposals, offers, or qualifications or |
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makes a similar solicitation on or after the effective date of this |
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Act. A contract for which a governmental entity first advertises or |
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otherwise solicits bids, proposals, offers, or qualifications or |
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makes a similar solicitation before the effective date of this Act |
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is governed by the law in effect on the date the advertisement or |
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solicitation is made, and that law is continued in effect for that |
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purpose. |
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SECTION 9. This Act takes effect September 1, 2019. |