By: Leach, Martinez H.B. No. 2585
A BILL TO BE ENTITLED
AN ACT
relating to civil works projects and other construction projects 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 FOR CIVIL WORKS
PROJECTS. (a) In this section, "civil works project" has the
meaning assigned by Section 2269.351.
(b) A governmental entity may implement a prequalification
process to eliminate unqualified offerors from and prequalify
potential offerors meeting minimum standards for consideration for
a civil works project under a competitive bidding method authorized
by this chapter. A governmental entity that implements a
prequalification process under this section shall advertise or
publish notice of the prequalification process along with a request
for qualifications 30 days before the invitation for bids is issued
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-1) The implementation of a prequalification process
under Subsection (b) does not affect the authority of a
governmental entity to determine the responsiveness of any
subsequent bid or to reject any and all bids.
(c) If a governmental entity considers a contract for a
civil works project using competitive bidding under this chapter,
in implementing a prequalification process under Subsection (b),
the governmental entity:
(1) shall establish minimum qualification
requirements for potential offerors and a scoring process with a
final pass or fail determination to identify qualified potential
offerors who may submit competitive bids; and
(2) may not short-list or rank potential offerors or
combine qualification scores with competitive bids in considering
the award of a contract.
(d) A governmental entity may consider the following
factors during the prequalification process:
(1) the potential offeror's experience with other
construction projects of similar size and scope;
(2) whether the potential offeror's commercial and
financial history, stability, and capability are appropriate for
the size and scope of the project;
(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 or arbitration with a governmental entity related to a
construction project awarded to the potential offeror during the
preceding five years;
(6) whether the potential offeror has ever failed to
complete a project for a governmental entity;
(7) the qualifications and experience of the potential
offeror's management or project team; and
(8) the potential offeror's safety record for the
previous three years, including actions taken to prevent future
incidents, and any other related information.
(e) If a potential offeror has been involved in litigation
or arbitration as described by Subsection (d)(5), the potential
offeror shall provide to the governmental entity the name of the
parties involved and a brief description of the nature and outcome
of the litigation or arbitration.
(f) Notwithstanding a prequalification process implemented
by a governmental entity under Subsection (b) for a civil works
project, the governmental entity shall consider a potential offeror
to be prequalified for consideration for the project if a state
agency has prequalified the potential offeror for consideration for
a civil works project with a related scope of work.
SECTION 2. 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:
(1) the criteria that will be used to evaluate the
offerors;
(2) the applicable weighted value for each criterion;
and
(3) [for state agencies,] a detailed methodology for
scoring each criterion.
SECTION 3. Subchapter B, Chapter 2269, Government Code, is
amended by adding Section 2269.060 to read as follows:
Sec. 2269.060. DOCUMENTS RELATED TO EVALUATION AND RANKING.
(a) An offeror who submits a bid, proposal, or response to a
request for qualifications for a construction contract under this
chapter may, after the contract is awarded, make a request in
writing to the governmental entity to provide documents related to
the evaluation of the offeror's 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 the documents relating to the evaluation of the
submission including, if applicable, its ranking of the submission.
SECTION 4. 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) For civil works projects, before preparing a request for
competitive bids under Subsection (a), a governmental entity may
use the prequalification process for civil works projects described
by Section 2269.0525.
SECTION 5. 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) Except as provided by Subsection (c), for civil works
projects, the weighted value assigned to price must be at least 50
percent of the total weighted value of all selection criteria.
(c) If the governing body of a governmental entity
determines that assigning a lower weighted value to price is in the
public interest, the governmental entity may assign to price a
weighted value of not less than 40 percent of the total weighted
value of all selection criteria.
SECTION 6. Section 2269.155, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) Not later than the seventh business day after the date
the contract is awarded, the governmental entity shall make the
evaluations, including any scores, public and provide them to all
offerors.
SECTION 7. Section 2269.452(a), Government Code, is amended
to read as follows:
(a) This chapter may be enforced through an action for
declaratory or injunctive relief filed not later than the 15th
calendar [10th] day after the date on which the contract is awarded.
SECTION 8. The change in law made by this Act applies only
to a 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 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 9. This Act takes effect September 1, 2019.