87R3945 MWC-F
By: Kacal H.B. No. 2581
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 for which a request for bids, proposals, or
qualifications is authorized by this chapter. At least once a year,
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 in
a manner prescribed by law. In addition, the governmental entity
may directly solicit qualifications from potential offerors 30 days
before the project solicitation is issued if the competitive
requirements of this chapter and other applicable law are followed.
(c) A governmental entity may prequalify potential offerors
for consideration for civil works projects more than once a year if:
(1) the governmental entity annually provides notice
of the prequalification process as required by Subsection (b); and
(2) the prequalification process remains open until at
least the 14th day preceding the date responses to a project
solicitation are due for a civil works project.
(d) The implementation of a prequalification process under
Subsection (b) or (c) does not affect the authority of a
governmental entity to determine the responsiveness of any
subsequent bid or to reject any and all bids.
(e) If a governmental entity considers a contract for a
civil works project using the competitive bidding method under this
chapter, in implementing a prequalification process under
Subsection (b) or (c), 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.
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, 2021.