84R11280 TSR-F
By: Frank H.B. No. 3687
A BILL TO BE ENTITLED
AN ACT
relating to design-build procedures for civil works projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2269.353(a), Government Code, is amended
to read as follows:
(a) A governmental entity may use the design-build method
for the construction, rehabilitation, alteration, or repair of a
civil works project. In using this method and in entering into a
contract for the services of a design-build firm, the contracting
governmental entity and the design-build firm shall follow the
procedures provided by this subchapter. The governmental entity
shall select the design-build firm in a one-step or two-step
process.
SECTION 2. The heading to Section 2269.357, Government
Code, is amended to read as follows:
Sec. 2269.357. REQUEST FOR PROPOSALS OR QUALIFICATIONS.
SECTION 3. Section 2269.357, Government Code, is amended by
amending Subsection (a) and adding Subsections (c) and (d) to read
as follows:
(a) The governmental entity shall prepare a single request
for proposals, in the case of a one-step process, or an initial
request for qualifications, in the case of a two-step process, that
includes a statement that the selection process is a one-step or
two-step process and:
(1) information on the civil works project site;
(2) project scope;
(3) project budget;
(4) project schedule;
(5) criteria for selection under Section 2269.359 and
the formula for evaluating proposals [weighting of the criteria];
and
(6) other information that may assist potential
design-build firms in submitting proposals or responses to a
request for qualifications for the project.
(c) If a one-step process is used, in addition to the
information required by Subsection (a), the request for proposals
shall include the design criteria package.
(d) If a two-step process is used, the governmental entity
may not request, as part of the offeror's response to the request
for qualifications, the offeror's cost proposal or technical
proposal.
SECTION 4. Section 2269.359, Government Code, is amended by
amending Subsections (a) and (c) and adding Subsection (a-1) to
read as follows:
(a) The governmental entity shall receive proposals, in the
case of a one-step process, or responses to a request for
qualifications, in the case of a two-step process, and shall
evaluate each offeror's experience, technical competence, project
approach, cost methodology, and capability to perform, the past
performance of the offeror's team and members of the team, and other
appropriate factors submitted by the team or firm in response to the
request for proposals or qualifications. The governmental entity
may not evaluate any cost-related or price-related factors, other
than the offeror's cost methodology[, except that cost-related or
price-related evaluation factors are not permitted at this stage].
(a-1) If a one-step process is used, the governmental entity
shall also evaluate, for each offeror, the results of each
offeror's interview, if the governmental entity included the
results of an interview process in the selection criteria.
(c) If a two-step process is used, the [The] governmental
entity shall, in accordance with the evaluation criteria described
by Subsection (a), qualify five or fewer offerors to:
(1) submit additional information, including the
offeror's cost proposal and technical proposal under Section
2269.361; and
(2) submit to an interview, if the governmental entity
included the results of an interview process in the selection
criteria [entity chooses, to interview for final selection].
SECTION 5. Section 2269.360, Government Code, is amended to
read as follows:
Sec. 2269.360. SELECTION OF DESIGN-BUILD FIRM. (a) If a
one-step process is used to select a design-build firm, the
governmental entity shall select the firm after evaluating the
proposals received in accordance with Section 2269.359 and the
governmental entity's selection criteria, as stated in the request
for proposals.
(b) If a two-step process is used to select a design-build
firm, the [The] governmental entity shall select the [a
design-build] firm using a combination of technical and cost
proposals as provided by Section 2269.361.
SECTION 6. The heading to Section 2269.361, Government
Code, is amended to read as follows:
Sec. 2269.361. PROCEDURES FOR SELECTION OF DESIGN-BUILD
FIRM UNDER TWO-STEP PROCESS [COMBINATION OF TECHNICAL AND COST
PROPOSALS].
SECTION 7. Sections 2269.361(a) and (e), Government Code,
are amended to read as follows:
(a) A governmental entity shall request proposals from
design-build firms identified under Section 2269.359(c). A firm
must submit a proposal not later than the 180th day after the date
the governmental entity makes a public request for the proposals
from the selected firms. The request for proposals must include:
(1) a design criteria package;
(2) if the project site is identified, a geotechnical
baseline report or other information that provides the design-build
firm minimum geotechnical design parameters to submit a proposal;
(3) detailed instructions for preparing both a cost
proposal and a [the] technical proposal, and the items to be
included in the technical proposal, including a description of the
form and level of completeness of drawings expected; and
(4) the [relative weighting of the technical and price
proposals and the] formula by which the proposals will be evaluated
and ranked.
(e) The governmental entity shall first open, evaluate, and
score each responsive technical proposal submitted on the basis of
the criteria described in the request for proposals and assign
points on the basis of the formula [weighting] specified in the
request for proposals. The governmental entity may reject as
nonresponsive any firm that makes a significant change to the
composition of its firm as initially submitted. The governmental
entity shall subsequently open, evaluate, and score the cost
proposals from firms that submitted a responsive technical proposal
and assign points on the basis of the formula [weighting] specified
in the request for proposals. The governmental entity shall select
the design-build firm in accordance with the formula provided in
the request for proposals.
SECTION 8. Section 2269.362, Government Code, is amended to
read as follows:
Sec. 2269.362. NEGOTIATION. After selecting the
highest-ranked design-build firm under Section 2269.360 for a
one-step process, or Section 2269.361 for a two-step process, the
governmental entity shall first attempt to negotiate a contract
with the selected firm. If the governmental entity is unable to
negotiate a satisfactory contract with the selected firm, the
entity shall, formally and in writing, end all negotiations with
that firm and proceed to negotiate with the next firm in the order
of the selection ranking until a contract is reached or
negotiations with all ranked firms end.
SECTION 9. Section 2269.364(c), Government Code, is amended
to read as follows:
(c) The governmental entity may offer an unsuccessful
design-build firm that submits a proposal in response to the
entity's request for proposals in a one-step process under Section
2269.357, or the entity's request for proposals in a two-step
process [additional information] under Section 2269.361, a stipend
for preliminary engineering costs associated with the development
of the proposal. The stipend must be [one-half of one percent of
the contract amount and must be] specified in the initial request
for proposals or qualifications. If the offer is accepted and paid,
the governmental entity may make use of any work product contained
in the proposal, including the techniques, methods, processes, and
information contained in the proposal. The use by the governmental
entity of any design element contained in an unsuccessful proposal
is at the sole risk and discretion of the entity and does not confer
liability on the recipient of the stipend under this subsection.
SECTION 10. The following provisions of the Government Code
are repealed.
(1) Section 2269.352;
(2) Sections 2269.353(b) and (c); and
(3) Section 2269.354.
SECTION 11. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2015.