Texas 2019 - 86th Regular

Texas House Bill HB2585 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R21339 SRA-F
1	2		By: Leach, Martinez H.B. No. 2585
	3	+	Substitute the following for H.B. No. 2585:
	4	+	By: Holland C.S.H.B. No. 2585
2	5
3	6
4	7		A BILL TO BE ENTITLED
5	8		AN ACT
6	9		relating to civil works projects and other construction projects of
7	10		governmental entities.
8	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	12		SECTION 1. Subchapter B, Chapter 2269, Government Code, is
10	13		amended by adding Section 2269.0525 to read as follows:
11	14		Sec. 2269.0525. PREQUALIFICATION PROCESS FOR CIVIL WORKS
12	15		PROJECTS. (a) In this section, "civil works project" has the
13	16		meaning assigned by Section 2269.351.
14	17		(b) A governmental entity may implement a prequalification
15	18		process to eliminate unqualified offerors from and prequalify
16	19		potential offerors meeting minimum standards for consideration for
17	20		a civil works project under a competitive bidding method authorized
18	21		by this chapter. A governmental entity that implements a
19	22		prequalification process under this section shall advertise or
20	23		publish notice of the prequalification process along with a request
21	24		for qualifications 30 days before the invitation for bids is issued
22	25		in a manner prescribed by law. In addition, the governmental entity
23	26		may directly solicit qualifications from potential offerors if the
24	27		competitive requirements of this chapter and other applicable law
25	28		are followed.
26	29		(b-1) The implementation of a prequalification process
27	30		under Subsection (b) does not affect the authority of a
28	31		governmental entity to determine the responsiveness of any
29	32		subsequent bid or to reject any and all bids.
30	33		(c) If a governmental entity considers a contract for a
31	34		civil works project using competitive bidding under this chapter,
32	35		in implementing a prequalification process under Subsection (b),
33	36		the governmental entity:
34	37		(1) shall establish minimum qualification
35	38		requirements for potential offerors and a scoring process with a
36	39		final pass or fail determination to identify qualified potential
37	40		offerors who may submit competitive bids; and
38	41		(2) may not short-list or rank potential offerors or
39	42		combine qualification scores with competitive bids in considering
40	43		the award of a contract.
41	44		(d) A governmental entity may consider the following
42	45		factors during the prequalification process:
43	46		(1) the potential offeror's experience with other
44	47		construction projects of similar size and scope;
45	48		(2) whether the potential offeror's commercial and
46	49		financial history, stability, and capability are appropriate for
47	50		the size and scope of the project;
48	51		(3) the potential offeror's ability to self-perform
49	52		the construction project services;
50	53		(4) the potential offeror's familiarity and experience
51	54		with subcontractors and suppliers in the area served by the
52	55		governmental entity;
53	56		(5) whether the potential offeror has been involved in
54	57		litigation or arbitration with a governmental entity related to a
55	58		construction project awarded to the potential offeror during the
56	59		preceding five years;
57	60		(6) whether the potential offeror has ever failed to
58	61		complete a project for a governmental entity;
59	62		(7) the qualifications and experience of the potential
60	63		offeror's management or project team; and
61	64		(8) the potential offeror's safety record for the
62	65		previous three years, including actions taken to prevent future
63	66		incidents, and any other related information.
64	67		(e) If a potential offeror has been involved in litigation
65	68		or arbitration as described by Subsection (d)(5), the potential
66	69		offeror shall provide to the governmental entity the name of the
67	70		parties involved and a brief description of the nature and outcome
68	71		of the litigation or arbitration.
69		-	(f) Notwithstanding a prequalification process implemented
70		-	by a governmental entity under Subsection (b) for a civil works
71		-	project, the governmental entity shall consider a potential offeror
72		-	to be prequalified for consideration for the project if a state
73		-	agency has prequalified the potential offeror for consideration for
74		-	a civil works project with a related scope of work.
75	72		SECTION 2. Section 2269.056(b), Government Code, is amended
76	73		to read as follows:
77	74		(b) The governmental entity shall base its selection among
78	75		offerors on applicable criteria listed for the particular method
79	76		used. The governmental entity shall publish in the request for
80	77		proposals or qualifications:
81	78		(1) the criteria that will be used to evaluate the
82	79		offerors;
83	80		(2) the applicable weighted value for each criterion;
84	81		and
85	82		(3) [for state agencies,] a detailed methodology for
86	83		scoring each criterion.
87	84		SECTION 3. Subchapter B, Chapter 2269, Government Code, is
88	85		amended by adding Section 2269.060 to read as follows:
89	86		Sec. 2269.060. DOCUMENTS RELATED TO EVALUATION AND RANKING.
90	87		(a) An offeror who submits a bid, proposal, or response to a
91	88		request for qualifications for a construction contract under this
92	89		chapter may, after the contract is awarded, make a request in
93	90		writing to the governmental entity to provide documents related to
94	91		the evaluation of the offeror's submission.
95	92		(b) Not later than the 30th day after the date a request is
96	93		made under Subsection (a), the governmental entity shall deliver to
97	94		the offeror the documents relating to the evaluation of the
98	95		submission including, if applicable, its ranking of the submission.
99	96		SECTION 4. Section 2269.103, Government Code, is amended to
100	97		read as follows:
101	98		Sec. 2269.103. PREPARATION OF REQUEST. (a) The
102	99		governmental entity shall prepare a request for competitive bids
103	100		that includes construction documents, estimated budget, project
104	101		scope, estimated project completion date, and other information
105	102		that a contractor may require to submit a bid.
106	103		(b) For civil works projects, before preparing a request for
107	104		competitive bids under Subsection (a), a governmental entity may
108	105		use the prequalification process for civil works projects described
109	106		by Section 2269.0525.
110	107		SECTION 5. Section 2269.153, Government Code, is amended to
111	108		read as follows:
112	109		Sec. 2269.153. PREPARATION OF REQUEST. (a) The
113	110		governmental entity shall prepare a request for competitive sealed
114	111		proposals that includes construction documents, selection criteria
115	112		and the weighted value for each criterion, estimated budget,
116	113		project scope, estimated project completion date, and other
117	114		information that a contractor may require to respond to the
118	115		request.
119	116		(b) Except as provided by Subsection (c), for civil works
120	117		projects, the weighted value assigned to price must be at least 50
121	118		percent of the total weighted value of all selection criteria.
122	119		(c) If the governing body of a governmental entity
123	120		determines that assigning a lower weighted value to price is in the
124	121		public interest, the governmental entity may assign to price a
125	122		weighted value of not less than 40 percent of the total weighted
126	123		value of all selection criteria.
127	124		SECTION 6. Section 2269.155, Government Code, is amended by
128	125		adding Subsection (d) to read as follows:
129	126		(d) Not later than the seventh business day after the date
130	127		the contract is awarded, the governmental entity shall make the
131	128		evaluations, including any scores, public and provide them to all
132	129		offerors.
133	130		SECTION 7. Section 2269.452(a), Government Code, is amended
134	131		to read as follows:
135	132		(a) This chapter may be enforced through an action for
136	133		declaratory or injunctive relief filed not later than the 15th
137	134		calendar [10th] day after the date on which the contract is awarded.
138	135		SECTION 8. The change in law made by this Act applies only
139	136		to a contract for which a governmental entity first advertises or
140	137		otherwise solicits bids, proposals, offers, or qualifications or
141	138		makes a similar solicitation on or after the effective date of this
142	139		Act. A contract for which a governmental entity first advertises or
143	140		otherwise solicits bids, proposals, offers, or qualifications or
144	141		makes a similar solicitation before the effective date of this Act
145	142		is governed by the law in effect on the date the advertisement or
146	143		solicitation is made, and that law is continued in effect for that
147	144		purpose.
148	145		SECTION 9. This Act takes effect September 1, 2019.