85R8605 JG-F
By: Leach H.B. No. 3250
A BILL TO BE ENTITLED
AN ACT
relating to public work contracts of governmental entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 2269, Government Code, is
amended by adding Section 2269.0525 to read as follows:
Sec. 2269.0525. PREQUALIFICATION PROCESS. (a) A
governmental entity may implement a prequalification process to
eliminate unqualified offerors from consideration for a public work
project under a method authorized by this chapter. A governmental
entity that implements a prequalification process shall advertise
or publish notice of the prequalification process along with a
request for qualifications in a manner prescribed by law. In
addition, the governmental entity may directly solicit
qualifications from potential offerors if the competitive
requirements of this chapter and other applicable law are followed.
(b) If a governmental entity considers a construction
contract using competitive bidding under this chapter, in
implementing a prequalification process under Subsection (a), the
governmental entity:
(1) may not rank potential offerors; and
(2) shall determine if any potential offerors meet
minimum qualification requirements for completing the construction
contract.
(c) A governmental entity may consider the following
factors during the prequalification process:
(1) the potential offeror's experience with other
construction projects for the governmental entity;
(2) the potential offeror's commercial and financial
history and stability;
(3) the potential offeror's ability to self-perform
the construction project services;
(4) the potential offeror's familiarity and experience
with subcontractors and suppliers in the area served by the
governmental entity;
(5) whether the potential offeror has been involved in
litigation related to a construction project during the preceding
five years;
(6) the potential offeror's ability and capacity to
provide performance and payment bonds;
(7) whether the potential offeror has ever failed to
complete a project for a governmental entity;
(8) the potential offeror's experience with
construction projects of similar size and scope; and
(9) the qualifications and experience of the potential
offeror's proposed project team.
SECTION 2. Section 2269.055, Government Code, is amended to
read as follows:
Sec. 2269.055. CRITERIA TO CONSIDER. (a) In determining
the award of a contract under this chapter, the governmental entity
may consider:
(1) the price;
(2) the offeror's experience with similar construction
projects and reputation;
(3) the quality of the offeror's goods or services;
(4) the impact on the ability of the governmental
entity to comply with rules relating to historically underutilized
businesses;
(5) the offeror's safety record;
(6) the offeror's proposed personnel;
(7) whether the offeror's financial capability is
appropriate to the size and scope of the project; and
(8) any other relevant factor specifically listed in
the request for bids, proposals, or qualifications.
(b) In determining the award of a contract under this
chapter, the governmental entity shall:
(1) consider and apply any existing laws, including
any criteria, related to historically underutilized businesses;
[and]
(2) consider and apply any existing laws, rules, or
applicable municipal charters, including laws applicable to local
governments, related to the use of women, minority, small, or
disadvantaged businesses; and
(3) consider good faith efforts to comply with laws,
rules, or applicable municipal charters described by Subdivision
(2).
(c) In this section, "good faith effort" means documented
evidence of outreach to enlist services, or bids and proposals,
from available, certified, and qualified businesses.
SECTION 3. Section 2269.056(b), Government Code, is amended
to read as follows:
(b) The governmental entity shall base its selection among
offerors on applicable criteria listed for the particular method
used. The governmental entity shall publish in the request for
proposals or qualifications the:
(1) criteria that will be used to evaluate the
offerors;
(2) [, and the] applicable weighted value for each
criterion; and
(3) detailed methodology for scoring each criterion.
SECTION 4. Subchapter B, Chapter 2269, Government Code, is
amended by adding Section 2269.0565 to read as follows:
Sec. 2269.0565. EXPLANATION OF EVALUATION AND RANKING. (a)
An offeror who submits a bid, proposal, or qualification for a
construction contract under this chapter and who is not awarded the
contract may make a request in writing to the governmental entity to
provide an explanation of its evaluation and, if applicable,
ranking of the offeror's submission if the submission was:
(1) evaluated or ranked differently than a comparable
submission from the offeror to the governmental entity during the
preceding year;
(2) developed using the same data that was used to
develop the offeror's previous submission; and
(3) evaluated or ranked using the same criteria that
was used to evaluate or rank the offeror's previous submission.
(b) Not later than the 30th day after the date a request is
made under Subsection (a), the governmental entity shall deliver to
the offeror a written explanation of its evaluation and, if
applicable, ranking of the offeror's submission, including an
explanation of why the submission was evaluated or ranked
differently than the offeror's previous submission to the
governmental entity.
SECTION 5. Section 2269.103, Government Code, is amended to
read as follows:
Sec. 2269.103. PREPARATION OF REQUEST. (a) The
governmental entity shall prepare a request for competitive bids
that includes construction documents, estimated budget, project
scope, estimated project completion date, and other information
that a contractor may require to submit a bid.
(b) Before preparing a request for competitive bids under
Subsection (a), a governmental entity may use the prequalification
process described by Section 2269.0525.
SECTION 6. Section 2269.153, Government Code, is amended to
read as follows:
Sec. 2269.153. PREPARATION OF REQUEST. (a) The
governmental entity shall prepare a request for competitive sealed
proposals that includes construction documents, selection criteria
and the weighted value for each criterion, estimated budget,
project scope, estimated project completion date, and other
information that a contractor may require to respond to the
request.
(b) Before preparing a request for competitive sealed
proposals under Subsection (a), a governmental entity may use the
prequalification process described by Section 2269.0525.
SECTION 7. The change in law made by this Act applies only
to a public work contract for which a governmental entity first
advertises or otherwise solicits bids, proposals, offers, or
qualifications or makes a similar solicitation on or after the
effective date of this Act. A public work contract for which a
governmental entity first advertises or otherwise solicits bids,
proposals, offers, or qualifications or makes a similar
solicitation before the effective date of this Act is governed by
the law in effect on the date the advertisement or solicitation is
made, and that law is continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2017.