reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter A. General Provisions › Section 2269.005. Applicability: Institutions of Higher Education

Sec. 2269.005.  APPLICABILITY: INSTITUTIONS OF HIGHER EDUCATION.  (a)  In this section, "institution of higher education," "public junior college," and "university system" have the meanings assigned by Section 61.003, Education Code.
(b)  This chapter applies to a public junior college but does not apply to:
(1)  any other institution of higher education; or
(2)  a university system.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter A. General Provisions › Section 2269.006. Exemption: Regional Tollway Authorities

Sec. 2269.006.  EXEMPTION: REGIONAL TOLLWAY AUTHORITIES.  This chapter does not apply to a regional tollway authority under Chapter 366, Transportation Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter A. General Provisions › Section 2269.007. Exemption: Certain Local Government Corporation Improvement Projects

Sec. 2269.007.  EXEMPTION: CERTAIN LOCAL GOVERNMENT CORPORATION IMPROVEMENT PROJECTS.  This chapter does not apply to an improvement project undertaken by or through a local government corporation exempt from competitive bidding requirements or restrictions under Section 431.110, Transportation Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter A. General Provisions › Section 2269.008. Exemption: Regional Mobility Authorities

Sec. 2269.008.  EXEMPTION: REGIONAL MOBILITY AUTHORITIES.  This chapter does not apply to a regional mobility authority under Chapter 370, Transportation Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter A. General Provisions › Section 2269.009. Exemption: County Toll Authorities

Sec. 2269.009.  EXEMPTION:  COUNTY TOLL AUTHORITIES.  This chapter does not apply to a project of a county under Chapter 284, Transportation Code, unless the county adopts an order electing to be governed by this chapter for a project to be developed by the county under Chapter 284.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter A. General Provisions › Section 2269.010. Exemption: Coordinated County Transportation Authority

Sec. 2269.010.  EXEMPTION:  COORDINATED COUNTY TRANSPORTATION AUTHORITY.  This chapter does not apply to a coordinated county transportation authority under Chapter 460, Transportation Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter B. General Powers and Duties › Section 2269.051. Rules

Sec. 2269.051.  RULES.  A governmental entity may adopt rules as necessary to implement this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter B. General Powers and Duties › Section 2269.053. Delegation of Authority

Sec. 2269.053.  DELEGATION OF AUTHORITY.  (a)  The governing body of a governmental entity may delegate its authority under this chapter regarding an action authorized or required by this chapter to a designated representative, committee, or other person.
(b)  The governmental entity shall provide notice of the delegation, the limits of the delegation, and the name or title of each person designated under Subsection (a) by rule or in the request for bids, proposals, or qualifications or in an addendum to the request.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter B. General Powers and Duties › Section 2269.054. Right to Work

Sec. 2269.054.  RIGHT TO WORK.  (a)  This section applies to a governmental entity when the governmental entity is engaged in:
(1)  procuring goods or services under this chapter;
(2)  awarding a contract under this chapter; or
(3)  overseeing procurement or construction for a public work or public improvement under this chapter.
(b)  In engaging in an activity to which this section applies, a governmental entity:
(1)  may not consider whether a person is a member of or has another relationship with any organization; and
(2)  shall ensure that its bid specifications and any subsequent contract or other agreement do not deny or diminish the right of a person to work because of the person's membership or other relationship status with respect to an organization.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter B. General Powers and Duties › Section 2269.0541. Agreement With Collective Bargaining Organization

Sec. 2269.0541.  AGREEMENT WITH COLLECTIVE BARGAINING ORGANIZATION.  (a) A governmental entity awarding a public work contract funded with state money, including the issuance of debt guaranteed by this state, may not:
(1)  prohibit, require, discourage, or encourage a person bidding on the public work contract, including a contractor or subcontractor, from entering into or adhering to an agreement with a collective bargaining organization relating to the project; or
(2)  discriminate against a person described by Subdivision (1) based on the person's involvement in the agreement, including the person's:
(A)  status or lack of status as a party to the agreement; or
(B)  willingness or refusal to enter into the agreement.
(b)  This section may not be construed to:
(1)  prohibit activity protected by the National Labor Relations Act (29 U.S.C. Section 151 et seq.), including entering into an agreement with a collective bargaining organization relating to the project; or
(2)  permit conduct prohibited under the National Labor Relations Act (29 U.S.C. Section 151 et seq.).
Added by Acts 2019, 86th Leg., R.S., Ch. 366 (H.B. 985), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter B. General Powers and Duties › Section 2269.055. Criteria to Consider

Sec. 2269.055.  CRITERIA TO CONSIDER.  (a)  In determining the award of a contract under this chapter, the governmental entity may consider:
(1)  the price;
(2)  the offeror's experience and reputation;
(3)  the quality of the offeror's goods or services;
(4)  the impact on the ability of the governmental entity to comply with rules relating to historically underutilized businesses;
(5)  the offeror's safety record;
(6)  the offeror's proposed personnel;
(7)  whether the offeror's financial capability is appropriate to the size and scope of the project; and
(8)  any other relevant factor specifically listed in the request for bids, proposals, or qualifications.
(b)  In determining the award of a contract under this chapter, the governmental entity shall:
(1)  consider and apply any existing laws, including any criteria, related to historically underutilized businesses; and
(2)  consider and apply any existing laws, rules, or applicable municipal charters, including laws applicable to local governments, related to the use of women, minority, small, or disadvantaged businesses.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter B. General Powers and Duties › Section 2269.056. Using Method Other Than Competitive Bidding for Construction Services; Evaluation of Proposals; Criteria

Sec. 2269.056.  USING METHOD OTHER THAN COMPETITIVE BIDDING FOR CONSTRUCTION SERVICES; EVALUATION OF PROPOSALS; CRITERIA.  (a)  The governing body of a governmental entity that considers a construction contract using a method authorized by this chapter other than competitive bidding must, before advertising, determine which method provides the best value for the governmental entity.
(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)  a detailed methodology for scoring each criterion.
(c)  The governmental entity shall document the basis of its selection and shall make the evaluations public not later than the seventh day after the date the contract is awarded.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 556 (S.B. 533), Sec. 13, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 702 (H.B. 2581), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter B. General Powers and Duties › Section 2269.057. Architect or Engineer Services

Sec. 2269.057.  ARCHITECT OR ENGINEER SERVICES.  (a)  An architect or engineer required to be selected or designated under this chapter has full responsibility for complying with Chapter 1051 or 1001, Occupations Code, as applicable.
(b)  If the selected or designated architect or engineer is not a full-time employee of the governmental entity, the governmental entity shall select the architect or engineer on the basis of demonstrated competence and qualifications as provided by Section 2254.004.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter B. General Powers and Duties › Section 2269.058. Use of Other Professional Services

Sec. 2269.058.  USE OF OTHER PROFESSIONAL SERVICES.  (a)  Independently of the contractor, construction manager-at-risk, or design-build firm, the governmental entity shall provide or contract for the construction materials engineering, testing, and inspection services and the verification testing services necessary for acceptance of the facility by the governmental entity.
(b)  The governmental entity shall select the services for which it contracts under this section in accordance with Section 2254.004.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter B. General Powers and Duties › Section 2269.059. Sealed Bids, Proposals, or Qualifications Required

Sec. 2269.059.  SEALED BIDS, PROPOSALS, OR QUALIFICATIONS REQUIRED.  A person who submits a bid, proposal, or qualification to a governmental entity shall seal it before delivery.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter B. General Powers and Duties › Section 2269.060. Documents Related to Evaluation and Ranking

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.
Added by Acts 2021, 87th Leg., R.S., Ch. 702 (H.B. 2581), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter C. Competitive Bidding Method › Section 2269.101. Contracts for Facilities: Competitive Bidding

Sec. 2269.101.  CONTRACTS FOR FACILITIES:  COMPETITIVE BIDDING.  (a)  In this chapter, "competitive bidding" is a procurement method by which a governmental entity contracts with a contractor for the construction, alteration, rehabilitation, or repair of a facility by awarding the contract to the lowest responsible bidder.
(b)  Except as otherwise provided by this chapter or other law, a governmental entity may contract for the construction, alteration, rehabilitation, or repair of a facility only after the entity advertises for bids for the contract in a manner prescribed by law, receives competitive bids, and awards the contract to the lowest responsible bidder.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter C. Competitive Bidding Method › Section 2269.102. Use of Architect or Engineer

Sec. 2269.102.  USE OF ARCHITECT OR ENGINEER.  The governmental entity shall select or designate an architect or engineer in accordance with Chapter 1051 or 1001, Occupations Code, as applicable, to prepare the construction documents required for a project to be awarded by competitive bidding.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter C. Competitive Bidding Method › Section 2269.103. Preparation of Request

Sec. 2269.103.  PREPARATION OF REQUEST.  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.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter C. Competitive Bidding Method › Section 2269.104. Evaluation of Offerors

Sec. 2269.104.  EVALUATION OF OFFERORS.  The governmental entity shall receive, publicly open, and read aloud the names of the offerors and their bids.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter C. Competitive Bidding Method › Section 2269.105. Selection of Offeror

Sec. 2269.105.  SELECTION OF OFFEROR.  Not later than the seventh day after the date the contract is awarded, the governmental entity shall document the basis of its selection and shall make the evaluations public.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter C. Competitive Bidding Method › Section 2269.106. Applicability of Other Competitive Bidding Law to Certain Local Governmental Entities

Sec. 2269.106.  APPLICABILITY OF OTHER COMPETITIVE BIDDING LAW TO CERTAIN LOCAL GOVERNMENTAL ENTITIES.  Except as otherwise specifically provided by this section, Subchapter B, Chapter 271, Local Government Code, does not apply to a competitive bidding process conducted under this chapter.  Sections 271.026, 271.027(a), and 271.0275, Local Government Code, apply to a competitive bidding process conducted under this chapter by a governmental entity as defined by Section 271.021, Local Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter D. Competitive Sealed Proposal Method › Section 2269.151. Contracts for Facilities: Competitive Sealed Proposals

Sec. 2269.151.  CONTRACTS FOR FACILITIES:  COMPETITIVE SEALED PROPOSALS.  (a)  In this chapter, "competitive sealed proposals" is a procurement method by which a governmental entity requests proposals, ranks the offerors, negotiates as prescribed, and then contracts with a general contractor for the construction, rehabilitation, alteration, or repair of a facility.
(b)  In selecting a contractor through competitive sealed proposals, a governmental entity shall follow the procedures provided by this subchapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter D. Competitive Sealed Proposal Method › Section 2269.152. Use of Architect or Engineer

Sec. 2269.152.  USE OF ARCHITECT OR ENGINEER.  The governmental entity shall select or designate an architect or engineer to prepare construction documents for the project.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter D. Competitive Sealed Proposal Method › Section 2269.153. Preparation of Request

Sec. 2269.153.  PREPARATION OF REQUEST.  (a)  In this section, "civil works project" has the meaning assigned by Section 2269.351.
(b)  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.
(c)  Except as provided by Subsection (d), 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.
(d)  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 36.9 percent of the total weighted value of all selection criteria.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 702 (H.B. 2581), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter D. Competitive Sealed Proposal Method › Section 2269.154. Evaluation of Offerors

Sec. 2269.154.  EVALUATION OF OFFERORS.  (a)  The governmental entity shall receive, publicly open, and read aloud the names of the offerors and any monetary proposals made by the offerors.
(b)  Not later than the 45th day after the date on which the proposals are opened, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter D. Competitive Sealed Proposal Method › Section 2269.155. Selection of Offeror

Sec. 2269.155.  SELECTION OF OFFEROR.  (a)  The governmental entity shall select the offeror that submits the proposal that offers the best value for the governmental entity based on:
(1)  the selection criteria in the request for proposal and the weighted value for those criteria in the request for proposal; and
(2)  its ranking evaluation.
(b)  The governmental entity shall first attempt to negotiate a contract with the selected offeror.  The governmental entity and its architect or engineer may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification.
(c)  If the governmental entity is unable to negotiate a satisfactory contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected.
(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.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 702 (H.B. 2581), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter E. Construction Manager-Agent Method › Section 2269.201. Contracts for Facilities: Construction Manager-Agent

Sec. 2269.201.  CONTRACTS FOR FACILITIES:  CONSTRUCTION MANAGER-AGENT.  (a)  In this chapter, the "construction manager-agent method" is a delivery method by which a governmental entity contracts with a construction manager-agent to provide consultation or administrative services during the design and construction phase and to manage multiple contracts with various construction prime contractors.
(b)  A construction manager-agent is a sole proprietorship, partnership, corporation, or other legal entity that serves as the agent for the governmental entity by providing construction administration and management services described by Subsection (a) for the construction, rehabilitation, alteration, or repair of a facility.
(c)  A governmental entity may retain a construction manager-agent for assistance in the construction, rehabilitation, alteration, or repair of a facility only as provided by this subchapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter E. Construction Manager-Agent Method › Section 2269.202. Contract Provisions of Construction Manager-Agent

Sec. 2269.202.  CONTRACT PROVISIONS OF CONSTRUCTION MANAGER-AGENT.  The contract between the governmental entity and the construction manager-agent may require the construction manager-agent to provide:
(1)  administrative personnel;
(2)  equipment necessary to perform duties under this subchapter;
(3)  on-site management; and
(4)  other services specified in the contract.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter E. Construction Manager-Agent Method › Section 2269.203. Limits on Construction Manager-Agent

Sec. 2269.203.  LIMITS ON CONSTRUCTION MANAGER-AGENT.  A construction manager-agent may not:
(1)  self-perform any aspect of the construction, rehabilitation, alteration, or repair of the facility;
(2)  be a party to a construction subcontract for the construction, rehabilitation, alteration, or repair of the facility; or
(3)  provide or be required to provide performance and payment bonds for the construction, rehabilitation, alteration, or repair of the facility.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter E. Construction Manager-Agent Method › Section 2269.204. Fiduciary Capacity of Construction Manager-Agent

Sec. 2269.204.  FIDUCIARY CAPACITY OF CONSTRUCTION MANAGER-AGENT.  A construction manager-agent represents the governmental entity in a fiduciary capacity.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter E. Construction Manager-Agent Method › Section 2269.205. Use of Architect or Engineer

Sec. 2269.205.  USE OF ARCHITECT OR ENGINEER.  (a)  On or before the selection of a construction manager-agent, the governmental entity shall select or designate an architect or engineer in accordance with Chapter 1051 or 1001, Occupations Code, as applicable, to prepare the construction documents for the project.
(b)  The governmental entity's architect or engineer may not serve, alone or in combination with another person, as the construction manager-agent unless the architect or engineer is hired to serve as the construction manager-agent under a separate or concurrent selection process conducted in accordance with this subchapter.  This subsection does not prohibit the governmental entity's architect or engineer from providing customary construction phase services under the architect's or engineer's original professional service agreement in accordance with applicable licensing laws.
(c)  To the extent that the construction manager-agent's services are defined as part of the practice of architecture or engineering under Chapter 1051 or 1001, Occupations Code, those services must be conducted by a person licensed under the applicable chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter E. Construction Manager-Agent Method › Section 2269.206. Selection of Contractors

Sec. 2269.206.  SELECTION OF CONTRACTORS.  A governmental entity using the construction manager-agent method shall procure, in accordance with applicable law and in any manner authorized by this chapter, a general contractor or trade contractors who will serve as the prime contractor for their specific portion of the work and provide performance and payment bonds to the governmental entity in accordance with applicable laws.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter E. Construction Manager-Agent Method › Section 2269.207. Selection of Construction Manager-Agent

Sec. 2269.207.  SELECTION OF CONSTRUCTION MANAGER-AGENT.  A governmental entity shall select a construction manager-agent on the basis of demonstrated competence and qualifications in the same manner that an architect or engineer is selected under Section 2254.004.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter E. Construction Manager-Agent Method › Section 2269.208. Insurance

Sec. 2269.208.  INSURANCE.  A construction manager-agent selected under this subchapter shall maintain professional liability or errors and omissions insurance in the amount of at least $1 million for each occurrence.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter F. Construction Manager-at-Risk Method › Section 2269.251. Contracts for Facilities: Construction Manager-at-Risk

Sec. 2269.251.  CONTRACTS FOR FACILITIES:  CONSTRUCTION MANAGER-AT-RISK.  (a)  In this chapter, the "construction manager-at-risk method" is a delivery method by which a governmental entity contracts with an architect or engineer for design and construction phase services and contracts separately with a construction manager-at-risk to serve as the general contractor and to provide consultation during the design and construction, rehabilitation, alteration, or repair of a facility.
(b)  A construction manager-at-risk is a sole proprietorship, partnership, corporation, or other legal entity that assumes the risk for construction, rehabilitation, alteration, or repair of a facility at the contracted price as a general contractor and provides consultation to the governmental entity regarding construction during and after the design of the facility.  The contracted price may be a guaranteed maximum price.
(c)  A governmental entity may use the construction manager-at-risk method in selecting a general contractor for the construction, rehabilitation, alteration, or repair of a facility only as provided by this subchapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter F. Construction Manager-at-Risk Method › Section 2269.252. Use of Architect or Engineer

Sec. 2269.252.  USE OF ARCHITECT OR ENGINEER.  (a)  On or before the selection of a construction manager-at-risk, the governmental entity shall select or designate an architect or engineer to prepare the construction documents for the project.
(b)  The governmental entity's architect or engineer for a project, or an entity related to the governmental entity's architect or engineer, may not serve, alone or in combination with another person, as the construction manager-at-risk.  This subsection does not prohibit the governmental entity's architect or engineer from providing customary construction phase services under the architect's or engineer's original professional service agreement in accordance with applicable licensing laws.
(c)  For purposes of Subsection (b), an entity is related to the governmental entity's architect or engineer if the entity is a sole proprietorship, corporation, partnership, limited liability company, or other entity that is a subsidiary, parent corporation, or partner or has any other relationship in which the governmental entity's architect or engineer has an ownership interest, or is subject to common ownership or control, or is party to an agreement by which it will receive any proceeds of the construction manager-at-risk's payments from the governmental entity.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 788 (H.B. 2634), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter F. Construction Manager-at-Risk Method › Section 2269.253. Selection Process

Sec. 2269.253.  SELECTION PROCESS.  (a)  The governmental entity shall select the construction manager-at-risk in a one-step or two-step process.
(b)  The governmental entity shall prepare a single request for proposals, in the case of a one-step process, and an initial request for qualifications, in the case of a two-step process, that includes:
(1)  a statement as to whether the selection process is a one-step or two-step process;
(2)  general information on the project site, project scope, schedule, selection criteria and the weighted value for each criterion, and estimated budget and the time and place for receipt of the proposals or qualifications; and
(3)  other information that may assist the governmental entity in its selection of a construction manager-at-risk.
(c)  The governmental entity shall state the selection criteria in the request for proposals or qualifications.
(d)  If a one-step process is used, the governmental entity may request, as part of the offeror's proposal, proposed fees and prices for fulfilling the general conditions.
(e)  If a two-step process is used, the governmental entity may not request fees or prices in step one.  In step two, the governmental entity may request that five or fewer offerors, selected solely on the basis of qualifications, provide additional information, including the construction manager-at-risk's proposed fee and prices for fulfilling the general conditions.
(f)  At each step, the governmental entity shall receive, publicly open, and read aloud the names of the offerors.  At the appropriate step, the governmental entity shall also read aloud the fees and prices, if any, stated in each proposal as the proposal is opened.
(g)  Not later than the 45th day after the date on which the final proposals are opened, the governmental entity shall evaluate and rank each proposal submitted in relation to the criteria set forth in the request for proposals.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter F. Construction Manager-at-Risk Method › Section 2269.254. Selection of Offeror

Sec. 2269.254.  SELECTION OF OFFEROR.  (a)  The governmental entity shall select the offeror that submits the proposal that offers the best value for the governmental entity based on the published selection criteria and on its ranking evaluation.
(b)  The governmental entity shall first attempt to negotiate a contract with the selected offeror.
(c)  If the governmental entity is unable to negotiate a satisfactory contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to negotiate with the next offeror in the order of the selection ranking until a contract is reached or negotiations with all ranked offerors end.
(d)  Not later than the seventh day after the date the contract is awarded, the governmental entity shall make the rankings determined under Section 2269.253(g) public.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(11), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter F. Construction Manager-at-Risk Method › Section 2269.255. Performance of Work

Sec. 2269.255.  PERFORMANCE OF WORK.  (a)  A construction manager-at-risk shall publicly advertise for bids or proposals and receive bids or proposals from trade contractors or subcontractors for the performance of all major elements of the work other than the minor work that may be included in the general conditions.
(b)  A construction manager-at-risk may seek to perform portions of the work itself if:
(1)  the construction manager-at-risk submits its bid or proposal for those portions of the work in the same manner as all other trade contractors or subcontractors; and
(2)  the governmental entity determines that the construction manager-at-risk's bid or proposal provides the best value for the governmental entity.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter F. Construction Manager-at-Risk Method › Section 2269.256. Review of Bids or Proposals

Sec. 2269.256.  REVIEW OF BIDS OR PROPOSALS.  (a)  The construction manager-at-risk shall review all trade contractor or subcontractor bids or proposals in a manner that does not disclose the contents of the bid or proposal during the selection process to a person not employed by the construction manager-at-risk, architect, engineer, or governmental entity.  All bids or proposals shall be made available to the governmental entity on request and to the public after the later of the award of the contract or the seventh day after the date of final selection of bids or proposals.
(b)  If the construction manager-at-risk reviews, evaluates, and recommends to the governmental entity a bid or proposal from a trade contractor or subcontractor but the governmental entity requires another bid or proposal to be accepted, the governmental entity shall compensate the construction manager-at-risk by a change in price, time, or guaranteed maximum cost for any additional cost and risk that the construction manager-at-risk incurs because of the governmental entity's requirement that another bid or proposal be accepted.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter F. Construction Manager-at-Risk Method › Section 2269.257. Default; Performance of Work

Sec. 2269.257.  DEFAULT; PERFORMANCE OF WORK.  If a selected trade contractor or subcontractor defaults in the performance of its work or fails to execute a subcontract after being selected in accordance with this subchapter, the construction manager-at-risk may itself fulfill, without advertising, the contract requirements or select a replacement trade contractor or subcontractor to fulfill the contract requirements.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.