86R5895 AAF-F
By: Martinez H.B. No. 2752
A BILL TO BE ENTITLED
AN ACT
relating to job order contracting.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2269.001, Government Code, is amended by
adding Subdivision (5-a) to read as follows:
(5-a) "Horizontal construction project" means:
(A) a highway, road, street, bridge, utility,
water supply project, water plant, wastewater plant, water and
wastewater distribution or conveyance facility, wharf, dock,
airport runway or taxiway, drainage project, or related type of
project associated with civil engineering construction; or
(B) work relating to a building or structure that
is incidental to a project that is primarily a civil engineering
construction project.
SECTION 2. Section 2269.004, Government Code, is amended to
read as follows:
Sec. 2269.004. APPLICABILITY OF CHAPTER TO CERTAIN
TRANSPORTATION CONTRACTS, PROJECTS, AND ENTITIES [EXEMPTION: TEXAS
DEPARTMENT OF TRANSPORTATION; HIGHWAY PROJECTS]. (a) Except as
otherwise provided by Subsections (b) and (c), this [This] chapter
does not apply to:
(1) a contract entered into by the Texas Department of
Transportation; [or]
(2) a project that receives money from a state or
federal highway fund;
(3) a regional tollway authority under Chapter 366,
Transportation Code;
(4) an improvement project undertaken by or through a
local government corporation exempt from competitive bidding
requirements or restrictions under Section 431.110, Transportation
Code;
(5) a regional mobility authority under Chapter 370,
Transportation Code;
(6) a coordinated county transportation authority
under Chapter 460, Transportation Code; or
(7) a project of a county under Chapter 284,
Transportation Code.
(b) Notwithstanding any other law, a contract, project, or
entity described by Subsections (a)(1)-(6) may use job order
contracting under Subchapter I for projects described by Section
2269.403.
(c) A county may adopt an order electing to be governed by
this chapter for a project to be developed by the county under
Chapter 284, Transportation Code.
SECTION 3. Section 2269.401, Government Code, is amended to
read as follows:
Sec. 2269.401. JOB ORDER CONTRACTING. In this chapter,
"job order contracting" is a procurement method used for
maintenance, repair, alteration, renovation, remediation, or
[minor] construction of a facility or for a horizontal construction
project when the [work is of a recurring nature but the delivery
times,] type[,] and quantities of work required are indefinite.
SECTION 4. The heading to Section 2269.403, Government
Code, is amended to read as follows:
Sec. 2269.403. REQUIREMENTS FOR JOB ORDER CONTRACTS [FOR
FACILITIES].
SECTION 5. Section 2269.403(a), Government Code, is amended
to read as follows:
(a) A governmental entity may award job order contracts for
the maintenance, repair, alteration, renovation, remediation, or
[minor] construction of a facility or for a horizontal construction
project if[:
[(1) the work is of a recurring nature but the delivery
times are indefinite; and
[(2)] indefinite quantities and orders are awarded
substantially on the basis of predescribed and prepriced tasks.
SECTION 6. Section 2269.404, Government Code, is amended to
read as follows:
Sec. 2269.404. CONTRACTUAL UNIT PRICES. The governmental
entity shall [may] establish contractual unit prices for a job
order contract by:
(1) specifying one or more published construction unit
price books and the applicable divisions or line items; and [or]
(2) providing a list of work items and requiring the
offerors to propose one or more coefficients or multipliers to be
applied to the price book or prepriced work items as the price
proposal.
SECTION 7. Section 2269.405(c), Government Code, is amended
to read as follows:
(c) The governmental entity may require offerors to submit
information in addition to the offeror's proposed coefficients or
multipliers [rates], including experience, past performance, and
proposed personnel and methodology.
SECTION 8. Section 2269.406, Government Code, is amended to
read as follows:
Sec. 2269.406. AWARDING OF JOB ORDER CONTRACTS. The
governmental entity may award a job order contract only [contracts]
to one [or more] job order contractor [contractors] in connection
with each solicitation of proposals.
SECTION 9. Section 2269.408(b), Government Code, is amended
to read as follows:
(b) Subsection (a) does not apply to a job order contract or
an order issued under the contract [for industrialized housing,
industrialized buildings, or relocatable educational facilities
subject to and approved under Chapter 1202, Occupations Code,] if
the contractor employs the services of an architect or engineer who
approves the documents for the project.
SECTION 10. Section 2269.410, Government Code, is amended
by amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) The order may be:
(1) a fixed price, lump-sum contract based
[substantially] on contractual unit pricing applied to the scope of
work [estimated quantities]; or
(2) a unit price order based on the quantities and line
items delivered.
(c) The order under a job order contract for a construction
project must include detailed line item descriptions, quantities,
and prices for each construction task, including the associated
coefficients or multipliers, to produce a lump-sum price of the
project.
SECTION 11. Sections 2269.006, 2269.007, 2269.008,
2269.009, 2269.010, and 2269.402, Government Code, are repealed.
SECTION 12. The changes in law made by this Act apply only
to a job order contract entered into or renewed on or after the
effective date of this Act and any order for a job or project under
that contract. A job order contract entered into or renewed before
the effective date of this Act and any order for a job or project
under that contract is governed by the law in effect immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 13. This Act takes effect September 1, 2019.