| 3 | 2 | | |
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| 4 | 3 | | |
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| 5 | 4 | | A BILL TO BE ENTITLED |
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| 6 | 5 | | AN ACT |
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| 7 | 6 | | relating to the construction manager-at-risk method of contracting |
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| 8 | 7 | | for governmental construction projects. |
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| 9 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 9 | | SECTION 1. Section 2269.255(a), Government Code, is amended |
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| 11 | 10 | | to read as follows: |
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| 12 | 11 | | (a) A construction manager-at-risk shall publicly advertise |
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| 13 | 12 | | for bids or proposals and receive bids or proposals from trade |
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| 14 | 13 | | contractors or subcontractors for the performance of all major |
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| 15 | 14 | | elements of the work other than the minor work that may be included |
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| 16 | 15 | | in the general conditions. Except as otherwise provided by this |
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| 17 | 16 | | subchapter, a construction manager-at-risk shall use the |
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| 18 | 17 | | competitive bidding method or competitive sealed proposal method to |
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| 19 | 18 | | consider a contract with a trade contractor or subcontractor in the |
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| 20 | 19 | | manner required by this chapter for a governmental entity to |
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| 21 | 20 | | consider a contract with a contractor. If a construction |
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| 22 | 21 | | manager-at-risk uses the competitive sealed proposal method to |
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| 23 | 22 | | consider a contract with a trade contractor or subcontractor: |
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| 24 | 23 | | (1) price must be one of the selection criteria; and |
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| 25 | 24 | | (2) the weighted value of price as a selection |
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| 26 | 25 | | criterion must be 40 percent or more of the total weighted value of |
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| 27 | 26 | | all of the selection criteria. |
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| 28 | 27 | | SECTION 2. Section 2269.256(a), Government Code, is amended |
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| 29 | 28 | | to read as follows: |
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| 30 | 29 | | (a) The construction manager-at-risk shall review all trade |
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| 31 | 30 | | contractor or subcontractor bids or proposals in a manner that does |
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| 32 | 31 | | not disclose the contents of the bid or proposal during the |
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| 33 | 32 | | selection process to a person not employed by the construction |
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| 34 | 33 | | manager-at-risk, architect, engineer, or governmental entity. All |
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| 35 | 34 | | bids or proposals shall be made available to the governmental |
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| 36 | 35 | | entity [on request] and to the public not later than the seventh day |
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| 37 | 36 | | after the later of the award of the contract or [the seventh day |
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| 38 | 37 | | after] the date of final selection of bids or proposals. |
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| 39 | 38 | | SECTION 3. Sections 2269.255(a) and 2269.256(a), |
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| 40 | 39 | | Government Code, as amended by this Act, apply only in relation to a |
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| 41 | 40 | | contract for which a construction manager-at-risk first advertises |
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| 42 | 41 | | bids or proposals on or after the effective date of this Act. |
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| 43 | 42 | | SECTION 4. This Act takes effect September 1, 2019. |
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