| 1 | 1 | | 84R3370 TSR-D |
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| 2 | 2 | | By: Bettencourt S.B. No. 1460 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the evaluation and ranking of similar offers submitted |
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| 8 | 8 | | to a governmental entity for certain construction-related |
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| 9 | 9 | | contracts. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 2269, Government Code, is |
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| 12 | 12 | | amended by adding Section 2269.0565 to read as follows: |
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| 13 | 13 | | Sec. 2269.0565. EXPLANATION OF EVALUATION AND RANKING. (a) |
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| 14 | 14 | | An offeror who submits a bid, proposal, or request for |
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| 15 | 15 | | qualification under this chapter may request the governmental |
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| 16 | 16 | | entity to explain the evaluation and ranking of a submission that |
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| 17 | 17 | | was not selected and that: |
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| 18 | 18 | | (1) is ranked differently than a similar submission of |
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| 19 | 19 | | a bid, proposal, or request for qualification by the offeror to the |
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| 20 | 20 | | governmental entity during the preceding year; |
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| 21 | 21 | | (2) uses the same data that was used to develop the |
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| 22 | 22 | | previous submission; and |
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| 23 | 23 | | (3) is based on the same selection criteria that was |
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| 24 | 24 | | used to evaluate and rank the previous submission. |
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| 25 | 25 | | (b) A request made under this section must be in writing. |
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| 26 | 26 | | (c) Not later than the 30th day after the date a request is |
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| 27 | 27 | | made under this section, the governmental entity shall deliver to |
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| 28 | 28 | | the offeror a written explanation of the basis of the evaluation and |
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| 29 | 29 | | ranking of the submission, including an explanation of why the |
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| 30 | 30 | | submission was ranked differently than the previous submission. |
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| 31 | 31 | | SECTION 2. The change in law made by Section 2269.0565, |
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| 32 | 32 | | Government Code, as added by this Act, applies only to the |
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| 33 | 33 | | evaluation and ranking of a bid, proposal, or request for |
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| 34 | 34 | | qualification submitted by an offeror to a governmental entity on |
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| 35 | 35 | | or after the effective date of this Act. |
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| 36 | 36 | | SECTION 3. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2015. |
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