Texas 2019 - 86th Regular

Texas Senate Bill SB1503 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R10900 SRA-F
2	2	By: Zaffirini, Paxton S.B. No. 1503
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to civil works projects and other construction projects of
8	8	governmental entities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 2269, Government Code, is
11	11	amended by adding Section 2269.0525 to read as follows:
12	12	Sec. 2269.0525. PREQUALIFICATION PROCESS FOR CIVIL WORKS
13	13	PROJECTS. (a) In this section, "civil works project" has the
14	14	meaning assigned by Section 2269.351.
15	15	(b) A governmental entity may implement a prequalification
16	16	process to eliminate unqualified offerors from consideration for a
17	17	civil works project under a competitive bidding method authorized
18	18	by this chapter. A governmental entity that implements a
19	19	prequalification process under this section shall advertise or
20	20	publish notice of the prequalification process along with a request
21	21	for qualifications 30 days before the invitation for bids is issued
22	22	in a manner prescribed by law. In addition, the governmental entity
23	23	may directly solicit qualifications from potential offerors if the
24	24	competitive requirements of this chapter and other applicable law
25	25	are followed.
26	26	(c) If a governmental entity considers a contract for a
27	27	civil works project using competitive bidding under this chapter,
28	28	in implementing a prequalification process under Subsection (b),
29	29	the governmental entity:
30	30	(1) may not rank potential offerors; and
31	31	(2) shall determine if any potential offerors meet
32	32	minimum qualification requirements for completing the civil works
33	33	project, including meeting any requirements related to an
34	34	experience modification rate for workers' compensation insurance
35	35	premiums that the governmental entity will allow without additional
36	36	information and actions taken to prevent future incidents.
37	37	(d) A governmental entity may consider the following
38	38	factors during the prequalification process:
39	39	(1) the potential offeror's experience with other
40	40	construction projects of similar size and scope;
41	41	(2) the potential offeror's commercial and financial
42	42	history and stability;
43	43	(3) the potential offeror's ability to self-perform
44	44	the construction project services;
45	45	(4) the potential offeror's familiarity and experience
46	46	with subcontractors and suppliers in the area served by the
47	47	governmental entity;
48	48	(5) whether the potential offeror has been involved in
49	49	litigation or arbitration with a governmental entity related to a
50	50	construction project during the preceding five years;
51	51	(6) the potential offeror's ability and capacity to
52	52	provide performance and payment bonds;
53	53	(7) whether the potential offeror has ever failed to
54	54	complete a project for a governmental entity;
55	55	(8) the qualifications and experience of the potential
56	56	offeror's management or project team; and
57	57	(9) the potential offeror's safety record for the
58	58	previous three years.
59	59	(e) If a potential offeror has been involved in litigation
60	60	or arbitration as described by Subsection (d)(5), the potential
61	61	offeror shall provide to the governmental entity the name of the
62	62	parties involved and a brief description of the nature and outcome
63	63	of the litigation or arbitration.
64	64	SECTION 2. Section 2269.056(b), Government Code, is amended
65	65	to read as follows:
66	66	(b) The governmental entity shall base its selection among
67	67	offerors on applicable criteria listed for the particular method
68	68	used. The governmental entity shall publish in the request for
69	69	proposals or qualifications:
70	70	(1) the criteria that will be used to evaluate the
71	71	offerors;
72	72	(2) the applicable weighted value for each criterion;
73	73	and
74	74	(3) [for state agencies,] a detailed methodology for
75	75	scoring each criterion.
76	76	SECTION 3. Subchapter B, Chapter 2269, Government Code, is
77	77	amended by adding Section 2269.060 to read as follows:
78	78	Sec. 2269.060. EXPLANATION OF EVALUATION AND RANKING. (a)
79	79	An offeror who submits a bid, proposal, or response to a request for
80	80	qualifications for a construction contract under this chapter may,
81	81	after the contract is awarded, make a request in writing to the
82	82	governmental entity to provide an explanation of its evaluation of
83	83	the offeror's submission.
84	84	(b) Not later than the 30th day after the date a request is
85	85	made under Subsection (a), the governmental entity shall deliver to
86	86	the offeror a written explanation of or grant the offeror an
87	87	interview with a representative of the selection team regarding its
88	88	evaluation of the submission including, if applicable, its ranking
89	89	of the submission.
90	90	SECTION 4. Section 2269.103, Government Code, is amended to
91	91	read as follows:
92	92	Sec. 2269.103. PREPARATION OF REQUEST. (a) The
93	93	governmental entity shall prepare a request for competitive bids
94	94	that includes construction documents, estimated budget, project
95	95	scope, estimated project completion date, and other information
96	96	that a contractor may require to submit a bid.
97	97	(b) For civil works projects, before preparing a request for
98	98	competitive bids under Subsection (a), a governmental entity may
99	99	use the prequalification process for civil works projects described
100	100	by Section 2269.0525.
101	101	SECTION 5. Section 2269.153, Government Code, is amended to
102	102	read as follows:
103	103	Sec. 2269.153. PREPARATION OF REQUEST. (a) The
104	104	governmental entity shall prepare a request for competitive sealed
105	105	proposals that includes construction documents, selection criteria
106	106	and the weighted value for each criterion, estimated budget,
107	107	project scope, estimated project completion date, and other
108	108	information that a contractor may require to respond to the
109	109	request.
110	110	(b) For civil works projects, the weighted value assigned to
111	111	price must be at least 50 percent of the total weighted value of all
112	112	selection criteria.
113	113	SECTION 6. Section 2269.155, Government Code, is amended by
114	114	adding Subsection (d) to read as follows:
115	115	(d) Not later than the seventh business day after the date
116	116	the contract is awarded, the governmental entity shall document the
117	117	basis of its selection and shall make the evaluations public.
118	118	SECTION 7. Section 2269.452(a), Government Code, is amended
119	119	to read as follows:
120	120	(a) This chapter may be enforced through an action for
121	121	declaratory or injunctive relief filed not later than the 15th
122	122	[10th] day after the date on which the contract is awarded.
123	123	SECTION 8. The change in law made by this Act applies only
124	124	to a contract for which a governmental entity first advertises or
125	125	otherwise solicits bids, proposals, offers, or qualifications or
126	126	makes a similar solicitation on or after the effective date of this
127	127	Act. A contract for which a governmental entity first advertises or
128	128	otherwise solicits bids, proposals, offers, or qualifications or
129	129	makes a similar solicitation before the effective date of this Act
130	130	is governed by the law in effect on the date the advertisement or
131	131	solicitation is made, and that law is continued in effect for that
132	132	purpose.
133	133	SECTION 9. This Act takes effect September 1, 2019.