Bill Text: TX HB3687 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to design-build procedures for civil works projects.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-23 - Referred to Government Transparency & Operation [HB3687 Detail]
Download: Texas-2015-HB3687-Introduced.html
84R11280 TSR-F | ||
By: Frank | H.B. No. 3687 |
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relating to design-build procedures for civil works projects. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2269.353(a), Government Code, is amended | ||
to read as follows: | ||
(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. The governmental entity | ||
shall select the design-build firm in a one-step or two-step | ||
process. | ||
SECTION 2. The heading to Section 2269.357, Government | ||
Code, is amended to read as follows: | ||
Sec. 2269.357. REQUEST FOR PROPOSALS OR QUALIFICATIONS. | ||
SECTION 3. Section 2269.357, Government Code, is amended by | ||
amending Subsection (a) and adding Subsections (c) and (d) to read | ||
as follows: | ||
(a) 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 that 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 2269.359 and | ||
the formula for evaluating proposals [ |
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and | ||
(6) other information that may assist potential | ||
design-build firms in submitting proposals or responses to a | ||
request for qualifications for the project. | ||
(c) If a one-step process is used, in addition to the | ||
information required by Subsection (a), the request for proposals | ||
shall include the design criteria package. | ||
(d) 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 cost proposal or technical | ||
proposal. | ||
SECTION 4. Section 2269.359, Government Code, is amended by | ||
amending Subsections (a) and (c) and adding Subsection (a-1) 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, project | ||
approach, cost methodology, and capability to perform, the past | ||
performance of the offeror's team and members of the team, and other | ||
appropriate factors submitted by the team or firm in response to the | ||
request for proposals or qualifications. The governmental entity | ||
may not evaluate any cost-related or price-related factors, other | ||
than the offeror's cost methodology[ |
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(a-1) 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 [ |
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entity shall, in accordance with the evaluation criteria described | ||
by Subsection (a), qualify five or fewer offerors to: | ||
(1) submit additional information, including the | ||
offeror's cost proposal and technical proposal under Section | ||
2269.361; and | ||
(2) submit to an interview, if the governmental entity | ||
included the results of an interview process in the selection | ||
criteria [ |
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SECTION 5. Section 2269.360, Government Code, is amended to | ||
read as follows: | ||
Sec. 2269.360. SELECTION OF DESIGN-BUILD FIRM. (a) If a | ||
one-step process is used to select a design-build firm, the | ||
governmental entity shall select the firm after evaluating the | ||
proposals received in accordance with Section 2269.359 and the | ||
governmental entity's selection criteria, as stated in the request | ||
for proposals. | ||
(b) If a two-step process is used to select a design-build | ||
firm, the [ |
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proposals as provided by Section 2269.361. | ||
SECTION 6. The heading to Section 2269.361, Government | ||
Code, is amended to read as follows: | ||
Sec. 2269.361. PROCEDURES FOR SELECTION OF DESIGN-BUILD | ||
FIRM UNDER TWO-STEP PROCESS [ |
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SECTION 7. Sections 2269.361(a) and (e), Government Code, | ||
are amended to read as follows: | ||
(a) A governmental entity shall request proposals from | ||
design-build firms identified under Section 2269.359(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 [ |
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included in the technical proposal, including a description of the | ||
form and level of completeness of drawings expected; and | ||
(4) the [ |
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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 [ |
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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 [ |
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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 8. Section 2269.362, Government Code, is amended to | ||
read as follows: | ||
Sec. 2269.362. NEGOTIATION. After selecting the | ||
highest-ranked design-build firm under Section 2269.360 for a | ||
one-step process, or Section 2269.361 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 9. Section 2269.364(c), Government Code, is amended | ||
to read as follows: | ||
(c) The governmental entity may offer an unsuccessful | ||
design-build firm that submits a proposal in response to the | ||
entity's request for proposals in a one-step process under Section | ||
2269.357, or the entity's request for proposals in a two-step | ||
process [ |
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for preliminary engineering costs associated with the development | ||
of the proposal. The stipend must be [ |
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for proposals or qualifications. 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 10. The following provisions of the Government Code | ||
are repealed. | ||
(1) Section 2269.352; | ||
(2) Sections 2269.353(b) and (c); and | ||
(3) Section 2269.354. | ||
SECTION 11. 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, 2015. |