86R4868 JCG-D
By: Clardy H.B. No. 1752
A BILL TO BE ENTITLED
AN ACT
relating to the construction manager-at-risk method of contracting
for governmental construction projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2269.255(a), Government Code, is amended
to read as follows:
(a) A construction manager-at-risk shall publicly advertise
for bids or proposals and receive bids or proposals from trade
contractors or subcontractors for the performance of all major
elements of the work other than the minor work that may be included
in the general conditions. Except as otherwise provided by this
subchapter, a construction manager-at-risk shall use the
competitive bidding method or competitive sealed proposal method to
consider a contract with a trade contractor or subcontractor in the
manner required by this chapter for a governmental entity to
consider a contract with a contractor. If a construction
manager-at-risk uses the competitive sealed proposal method to
consider a contract with a trade contractor or subcontractor:
(1) price must be one of the selection criteria; and
(2) the weighted value of price as a selection
criterion must be at least half of the total weighted value of all
of the selection criteria.
SECTION 2. Section 2269.256(a), Government Code, is amended
to read as follows:
(a) The construction manager-at-risk shall review all trade
contractor or subcontractor bids or proposals in a manner that does
not disclose the contents of the bid or proposal during the
selection process to a person not employed by the construction
manager-at-risk, architect, engineer, or governmental entity. All
bids or proposals shall be made available to the governmental
entity [on request] and to the public not later than the seventh day
after the later of the award of the contract or [the seventh day
after] the date of final selection of bids or proposals.
SECTION 3. Sections 2269.255(a) and 2269.256(a),
Government Code, as amended by this Act, apply only in relation to a
contract for which a construction manager-at-risk first advertises
bids or proposals on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2019.