Bill Text: TX HB3203 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to design-build procedures for certain civil works projects.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-04-15 - Left pending in committee [HB3203 Detail]

Download: Texas-2013-HB3203-Introduced.html

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By: Creighton H.B. No. 3203

A BILL TO BE ENTITLED
AN ACT
relating to design-build procedures for certain civil works
projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2267.353, Government Code, as added by
Chapter 1129 (H.B. 628), Acts of the 82nd Legislature, Regular
Session, 2011, is amended to read as follows:
Sec. 2267.353. CONTRACTS FOR CIVIL WORKS PROJECTS:
DESIGN-BUILD. [(a)] A governmental entity may use the
design-build method for the construction, rehabilitation,
alteration, or repair of a civil works project. In using this
method and in entering into a contract for the services of a
design-build firm, the contracting governmental entity and the
design-build firm shall follow the procedures provided by this
subchapter.
[(b) A contract for a project under this subchapter may
cover only a single integrated project. A governmental entity may
not enter into a contract for aggregated projects at multiple
locations. For purposes of this subsection:
[(1) if a metropolitan transit authority created under
Chapter 451, Transportation Code, enters into a contract for a
project involving a bus rapid transit system created under Chapter
451, Transportation Code, the bus rapid transit system is a single
integrated project; and
[(2) a water treatment plant, including a desalination
plant, that includes treatment facilities, well fields, and
pipelines is a single integrated project.
[(c) A governmental entity shall use the following criteria
as a minimum basis for determining the circumstances under which
the design-build method is appropriate for a project:
[(1) the extent to which the entity can adequately
define the project requirements;
[(2) the time constraints for the delivery of the
project;
[(3) the ability to ensure that a competitive
procurement can be held; and
[(4) the capability of the entity to manage and
oversee the project, including the availability of experienced
personnel or outside consultants who are familiar with the
design-build method of project delivery.
[(d) A governmental entity shall make a formal finding on
the criteria described by Subsection (c) before preparing a request
for qualifications under Section 2267.357.]
SECTION 2. Section 2267.357, Government Code, as added by
Chapter 1129 (H.B. 628), Acts of the 82nd Legislature, Regular
Session, 2011, is amended to read as follows:
Sec. 2267.357. REQUEST FOR PROPOSALS OR QUALIFICATIONS.
(a) The governmental entity shall select the design-build firm in a
one-step or two-step process. The governmental entity shall
prepare a single request for proposals, in the case of a one-step
process, or an initial request for qualifications, in the case of a
two-step process, that includes a statement of whether the
selection process is a one-step or two-step process and:
(1) information on the civil works project site;
(2) project scope;
(3) project budget;
(4) project schedule;
(5) criteria for selection under Section 2267.359 and
the weighting of the criteria; and
(6) other information that may assist potential
design-build firms in submitting proposals for the project.
(b) The governmental entity shall also prepare a design
criteria package as described by Section 2267.358.
(c) If a one-step process is used, the governmental entity
shall include the design criteria package in the request for
proposals. If a two-step process is used, the governmental entity
may not request, as part of the offeror's response to the request
for qualifications, the offeror's technical proposal or cost
proposal.
SECTION 3. Section 2267.359, Government Code, as added by
Chapter 1129 (H.B. 628), Acts of the 82nd Legislature, Regular
Session, 2011, is amended by amending Subsections (a) and (c) to
read as follows:
(a) The governmental entity shall receive proposals, in the
case of a one-step process, or responses to a request for
qualifications, in the case of a two-step process, and shall
evaluate each offeror's experience, technical competence, and
capability to perform, the past performance of the offeror's team
and members of the team, project approach, cost methodology, and
other appropriate factors submitted by the team or firm in response
to the request for proposals or qualifications, except that the
governmental entity may not evaluate any cost-related or
price-related [evaluation] factors, other than the offeror's cost
methodology [are not permitted at this stage]. If a one-step
process is used, the governmental entity shall also evaluate, for
each offeror, the results of each offeror's interview, if the
governmental entity included the results of an interview process in
the selection criteria.
(c) If a two-step process is used, the [The] governmental
entity shall, in accordance with the applicable evaluation criteria
established in Subsection (a), qualify five or fewer offerors to:
(1) submit additional information, including the
offeror's cost proposal and technical proposal as required by
Section 2267.361; and
(2) submit to an interview, if the governmental entity
included the results of an interview process in the selection
criteria [entity chooses, to interview for final selection].
SECTION 4. Section 2267.360, Government Code, as added by
Chapter 1129 (H.B. 628), Acts of the 82nd Legislature, Regular
Session, 2011, is amended to read as follows:
Sec. 2267.360. SELECTION OF DESIGN-BUILD FIRM. If a
one-step process is used, the governmental entity shall select the
design-build firm after evaluating the offeror's responses to the
request for proposals, in accordance with Section 2267.359(a) and
the governmental entity's selection criteria, as stated in the
request for proposals. If a two-step process is used, the [The]
governmental entity shall select a design-build firm using a
combination of technical and cost proposals as provided by Section
2267.361.
SECTION 5. The heading of Section 2267.361, Government
Code, as added by Chapter 1129 (H.B. 628), Acts of the 82nd
Legislature, Regular Session, 2011, is amended to read as follows:
Sec. 2267.361. PROCEDURES FOR SELECTION OF DESIGN-BUILD
FIRM UNDER TWO-STEP PROCESS [COMBINATION OF TECHNICAL AND COST
PROPOSALS].
SECTION 6. Section 2267.361, Government Code, as added by
Chapter 1129 (H.B. 628), Acts of the 82nd Legislature, Regular
Session, 2011, is amended by amending Subsections (a) and (e) to
read as follows:
(a) A governmental entity shall request proposals from
design-build firms identified under Section 2267.359(c). A firm
must submit a proposal not later than the 180th day after the date
the governmental entity makes a public request for the proposals
from the selected firms. The request for proposals must include:
(1) a design criteria package;
(2) if the project site is identified, a geotechnical
baseline report or other information that provides the design-build
firm minimum geotechnical design parameters to submit a proposal;
(3) detailed instructions for preparing both a cost
proposal and a [the] technical proposal and the items to be
included, including a description of the form and level of
completeness of drawings expected; and
(4) the [relative weighting of the technical and price
proposals and the] formula by which the proposals will be evaluated
and ranked.
(e) The governmental entity shall first open, evaluate, and
score each responsive technical proposal submitted on the basis of
the criteria described in the request for proposals and assign
points on the basis of the formula [weighting] specified in the
request for proposals. The governmental entity may reject as
nonresponsive any firm that makes a significant change to the
composition of its firm as initially submitted. The governmental
entity shall subsequently open, evaluate, and score the cost
proposals from firms that submitted a responsive technical proposal
and assign points on the basis of the formula [weighting] specified
in the request for proposals. The governmental entity shall select
the design-build firm in accordance with the formula provided in
the request for proposals.
SECTION 7. Section 2267.362, Government Code, as added by
Chapter 1129 (H.B. 628), Acts of the 82nd Legislature, Regular
Session, 2011, is amended to read as follows:
Sec. 2267.362. NEGOTIATION. After selecting the
highest-ranked design-build firm under Section 2267.360, for a
one-step process, or Section 2267.361, for a two-step process, the
governmental entity shall first attempt to negotiate a contract
with the selected firm. If the governmental entity is unable to
negotiate a satisfactory contract with the selected firm, the
entity shall, formally and in writing, end all negotiations with
that firm and proceed to negotiate with the next firm in the order
of the selection ranking until a contract is reached or
negotiations with all ranked firms end.
SECTION 8. Section 2267.364(c), Government Code, as added
by Chapter 1129 (H.B. 628), Acts of the 82nd Legislature, Regular
Session, 2011, is amended to read as follows:
(c) The governmental entity may offer an unsuccessful
design-build firm that submits a response to the entity's request
for additional information under Section 2267.361 a stipend for
preliminary engineering costs associated with the development of
the proposal. The stipend must be [one-half of one percent of the
contract amount and must be] specified in the initial request for
proposals. If the offer is accepted and paid, the governmental
entity may make use of any work product contained in the proposal,
including the techniques, methods, processes, and information
contained in the proposal. The use by the governmental entity of
any design element contained in an unsuccessful proposal is at the
sole risk and discretion of the entity and does not confer liability
on the recipient of the stipend under this subsection.
SECTION 9. Sections 2267.352 and and 2267.354, Government
Code, as added by Chapter 1129 (H.B. 628), Acts of the 82nd
Legislature, Regular Session, 2011, are repealed.
SECTION 10. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2013.