Texas 2017 - 85th Regular

Texas House Bill HB3250 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R21802 JG-F
2	2	By: Leach H.B. No. 3250
3	3	Substitute the following for H.B. No. 3250:
4	4	By: Elkins C.S.H.B. No. 3250
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to civil works projects and other construction projects of
10	10	governmental entities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 2269, Government Code, is
13	13	amended by adding Section 2269.0525 to read as follows:
14	14	Sec. 2269.0525. PREQUALIFICATION PROCESS FOR CIVIL WORKS
15	15	PROJECTS. (a) In this section, "civil works project" has the
16	16	meaning assigned by Section 2269.351.
17	17	(b) A governmental entity may implement a prequalification
18	18	process to eliminate unqualified offerors from consideration for a
19	19	civil works project under a method authorized by this chapter. A
20	20	governmental entity that implements a prequalification process
21	21	under this section shall advertise or publish notice of the
22	22	prequalification process along with a request for qualifications in
23	23	a manner prescribed by law. In addition, the governmental entity
24	24	may directly solicit qualifications from potential offerors if the
25	25	competitive requirements of this chapter and other applicable law
26	26	are followed.
27	27	(c) If a governmental entity considers a contract for a
28	28	civil works project using competitive bidding under this chapter,
29	29	in implementing a prequalification process under Subsection (b),
30	30	the governmental entity:
31	31	(1) may not rank potential offerors; and
32	32	(2) shall determine if any potential offerors meet
33	33	minimum qualification requirements for completing the civil works
34	34	project.
35	35	(d) A governmental entity may consider the following
36	36	factors during the prequalification process:
37	37	(1) the potential offeror's experience with other
38	38	construction projects for the governmental entity;
39	39	(2) the potential offeror's commercial and financial
40	40	history and stability;
41	41	(3) the potential offeror's ability to self-perform
42	42	the construction project services;
43	43	(4) the potential offeror's familiarity and experience
44	44	with subcontractors and suppliers in the area served by the
45	45	governmental entity;
46	46	(5) whether the potential offeror has been involved in
47	47	litigation related to a construction project during the preceding
48	48	five years;
49	49	(6) the potential offeror's ability and capacity to
50	50	provide performance and payment bonds;
51	51	(7) whether the potential offeror has ever failed to
52	52	complete a project for a governmental entity;
53	53	(8) the potential offeror's experience with
54	54	construction projects of similar size and scope; and
55	55	(9) the qualifications and experience of the potential
56	56	offeror's proposed project team.
57	57	SECTION 2. Section 2269.055, Government Code, is amended to
58	58	read as follows:
59	59	Sec. 2269.055. CRITERIA TO CONSIDER. (a) In determining
60	60	the award of a contract under this chapter, the governmental entity
61	61	may consider:
62	62	(1) the price;
63	63	(2) the offeror's experience with similar construction
64	64	projects and reputation;
65	65	(3) the quality of the offeror's goods or services;
66	66	(4) the impact on the ability of the governmental
67	67	entity to comply with rules relating to historically underutilized
68	68	businesses;
69	69	(5) the offeror's safety record;
70	70	(6) the offeror's proposed personnel;
71	71	(7) whether the offeror's financial capability is
72	72	appropriate to the size and scope of the project; and
73	73	(8) any other relevant factor specifically listed in
74	74	the request for bids, proposals, or qualifications.
75	75	(b) In determining the award of a contract under this
76	76	chapter, the governmental entity shall:
77	77	(1) consider and apply any existing laws, including
78	78	any criteria, related to historically underutilized businesses;
79	79	[and]
80	80	(2) consider and apply any existing laws, rules, or
81	81	applicable municipal charters, including laws applicable to local
82	82	governments, related to the use of women, minority, small, or
83	83	disadvantaged businesses; and
84	84	(3) consider good faith efforts to comply with laws,
85	85	rules, or applicable municipal charters described by Subdivision
86	86	(2).
87	87	(c) In this section, "good faith effort" means documented
88	88	evidence of outreach to enlist services, or bids and proposals,
89	89	from available, certified, and qualified businesses.
90	90	SECTION 3. Section 2269.056(b), Government Code, is amended
91	91	to read as follows:
92	92	(b) The governmental entity shall base its selection among
93	93	offerors on applicable criteria listed for the particular method
94	94	used. The governmental entity shall publish in the request for
95	95	proposals or qualifications the:
96	96	(1) criteria that will be used to evaluate the
97	97	offerors;
98	98	(2) [, and the] applicable weighted value for each
99	99	criterion; and
100	100	(3) detailed methodology for scoring each criterion.
101	101	SECTION 4. Subchapter B, Chapter 2269, Government Code, is
102	102	amended by adding Section 2269.0565 to read as follows:
103	103	Sec. 2269.0565. EXPLANATION OF EVALUATION AND RANKING. (a)
104	104	An offeror who submits a bid, proposal, or qualification for a
105	105	construction contract under this chapter and who is not awarded the
106	106	contract may make a request in writing to the governmental entity to
107	107	provide an explanation of its evaluation and, if applicable,
108	108	ranking of the offeror's submission if the submission was:
109	109	(1) evaluated or ranked differently than a comparable
110	110	submission from the offeror to the governmental entity during the
111	111	preceding year;
112	112	(2) developed using the same data that was used to
113	113	develop the offeror's previous submission; and
114	114	(3) evaluated or ranked using the same criteria that
115	115	was used to evaluate or rank the offeror's previous submission.
116	116	(b) Not later than the 30th day after the date a request is
117	117	made under Subsection (a), the governmental entity shall deliver to
118	118	the offeror a written explanation of its evaluation and, if
119	119	applicable, ranking of the offeror's submission, including an
120	120	explanation of why the submission was evaluated or ranked
121	121	differently than the offeror's previous submission to the
122	122	governmental entity.
123	123	SECTION 5. Section 2269.103, Government Code, is amended to
124	124	read as follows:
125	125	Sec. 2269.103. PREPARATION OF REQUEST. (a) The
126	126	governmental entity shall prepare a request for competitive bids
127	127	that includes construction documents, estimated budget, project
128	128	scope, estimated project completion date, and other information
129	129	that a contractor may require to submit a bid.
130	130	(b) Before preparing a request for competitive bids under
131	131	Subsection (a), a governmental entity may use the prequalification
132	132	process for civil works projects described by Section 2269.0525.
133	133	SECTION 6. Section 2269.153, Government Code, is amended to
134	134	read as follows:
135	135	Sec. 2269.153. PREPARATION OF REQUEST. (a) The
136	136	governmental entity shall prepare a request for competitive sealed
137	137	proposals that includes construction documents, selection criteria
138	138	and the weighted value for each criterion, estimated budget,
139	139	project scope, estimated project completion date, and other
140	140	information that a contractor may require to respond to the
141	141	request.
142	142	(b) Before preparing a request for competitive sealed
143	143	proposals under Subsection (a), a governmental entity may use the
144	144	prequalification process for civil works projects described by
145	145	Section 2269.0525.
146	146	SECTION 7. The change in law made by this Act applies only
147	147	to a contract for which a governmental entity first advertises or
148	148	otherwise solicits bids, proposals, offers, or qualifications or
149	149	makes a similar solicitation on or after the effective date of this
150	150	Act. A contract for which a governmental entity first advertises or
151	151	otherwise solicits bids, proposals, offers, or qualifications or
152	152	makes a similar solicitation before the effective date of this Act
153	153	is governed by the law in effect on the date the advertisement or
154	154	solicitation is made, and that law is continued in effect for that
155	155	purpose.
156	156	SECTION 8. This Act takes effect September 1, 2017.