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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. 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 2. 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. DOCUMENTS RELATED TO EVALUATION AND RANKING. |
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(a) An offeror who submits a bid, proposal, or response to a |
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request for qualifications for a construction contract under this |
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chapter may, after the contract is awarded, make a request in |
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writing to the governmental entity to provide documents related to |
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the evaluation of 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 the documents relating to the evaluation of the |
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submission including, if applicable, its ranking of the submission. |
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SECTION 3. 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) In this |
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section, "civil works project" has the meaning assigned by Section |
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2269.351. |
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(b) The governmental entity shall prepare a request for |
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competitive sealed proposals that includes construction documents, |
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selection criteria and the weighted value for each criterion, |
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estimated budget, project scope, estimated project completion |
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date, and other information that a contractor may require to |
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respond to the request. |
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(c) Except as provided by Subsection (d), for civil works |
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projects, the weighted value assigned to price must be at least 50 |
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percent of the total weighted value of all selection criteria. |
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(d) If the governing body of a governmental entity |
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determines that assigning a lower weighted value to price is in the |
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public interest, the governmental entity may assign to price a |
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weighted value of not less than 36.9 percent of the total weighted |
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value of all selection criteria. |
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SECTION 4. 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 make the |
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evaluations, including any scores, public and provide them to all |
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offerors. |
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SECTION 5. 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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calendar [10th] day after the date on which the contract is awarded. |
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SECTION 6. 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 7. This Act takes effect September 1, 2021. |