TITLE: Relating to the evaluation and ranking of similar offers submitted to a governmental entity for certain construction-related contracts.

SUMMARY: Relating to the evaluation and ranking of similar offers submitted to a governmental entity for certain construction-related contracts.

FULL TEXT:
AN ACT relating to the evaluation and ranking of similar offers submitted to a governmental entity for certain construction-related contracts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 2269, Government Code, is amended by adding Section 2269.0565 to read as follows: Sec. 2269.0565. EXPLANATION OF EVALUATION AND RANKING. (a) An offeror who submits a bid, proposal, or request for qualification under this chapter may request the governmental entity to explain the evaluation and ranking of a submission that was not selected and that: (1) is ranked differently than a similar submission of a bid, proposal, or request for qualification by the offeror to the governmental entity during the preceding year; (2) uses the same data that was used to develop the previous submission; and (3) is based on the same selection criteria that was used to evaluate and rank the previous submission. (b) A request made under this section must be in writing. (c) Not later than the 30th day after the date a request is made under this section, the governmental entity shall deliver to the offeror a written explanation of the basis of the evaluation and ranking of the submission, including an explanation of why the submission was ranked differently than the previous submission. SECTION 2. The change in law made by Section 2269.0565, Government Code, as added by this Act, applies only to the evaluation and ranking of a bid, proposal, or request for qualification submitted by an offeror to a governmental entity on or after the effective date of this Act. SECTION 3. 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.