Texas Senate Bill SB808

Texas 2019 - 86th Regular

Caption

Relating to the construction manager-at-risk method of contracting for governmental construction projects.

Impact

The bill's amendments provide clearer guidelines on how contracts should be solicited and what criteria should be prioritized. Specifically, the CMAR is obliged to utilize competitive bidding or sealed proposals and must ensure that price is weighted as a selection criterion at 40 percent or higher. These modifications are meant to increase transparency in evaluating contractor bids and to uphold competitive integrity in governmental contracting processes. The act is set to apply only to contracts solicited after its effective date, which underscores its intent to lead to more equitable bidding procedures going forward.

Summary

SB808 is a bill that pertains to the construction manager-at-risk (CMAR) method of contracting for governmental construction projects. This legislative proposal seeks to amend sections of the Texas Government Code to enhance the procedures and requirements surrounding the CMAR approach. One significant change is the stipulation that a construction manager-at-risk must publicly advertise for bids or proposals from trade contractors or subcontractors for all major elements of construction work, except for minor work included in contract conditions. This aims to promote a competitive bidding environment.

Sentiment

The sentiment surrounding SB808 appears to be one of general support, especially among those involved in or advocating for better procurement practices in construction. Proponents argue that the amendments will standardize practices, prevent arbitrary decision-making, and ensure that the government receives the best value for public funds. However, there may be concerns from smaller contractors about the increased competition and whether they can effectively compete with larger entities that may have more resources.

Contention

The primary point of contention revolves around the balance between ensuring competitive bidding and maintaining opportunities for smaller firms to participate in governmental contracts. Stakeholders may worry that while the requirements enhance transparency and competition, they could inadvertently favor larger construction companies that have more experience and staffing capabilities to deal with extensive compliance measures. Thus, while the intent is to improve the procurement process, ensuring that smaller firms can compete remains a vital conversation in the discussions surrounding SB808.