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Texas Education Code - Section 44.039. Selecting Contractor For Construction Services Through Competitive Sealed Proposals

Legal Research Home > Texas Lawyer > Education Code > Texas Education Code - Section 44.039. Selecting Contractor For Construction Services Through Competitive Sealed Proposals

§ 44.039. SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES 
THROUGH COMPETITIVE SEALED PROPOSALS.  (a) In selecting a 
contractor for construction, rehabilitation, alteration, or repair 
services for a facility through competitive sealed proposals, a 
school district shall follow the procedures prescribed by this 
section.
	(b)  The district shall select or designate an engineer or 
architect to prepare construction documents for the project.  The 
selected or designated engineer or architect has full 
responsibility for complying with Chapter 1001 or 1051, Occupations 
Code, as applicable.  If the engineer or architect is not a 
full-time employee of the district, the district shall select the 
engineer or architect on the basis of demonstrated competence and 
qualifications as provided by Section 2254.004, Government Code.
	(c)  The district shall provide or contract for, 
independently of the contractor, the inspection services, the 
testing of construction materials engineering, and the 
verification testing services necessary for acceptance of the 
facility by the district.  The district shall select those services 
for which it contracts in accordance with Section 2254.004, 
Government Code, and shall identify them in the request for 
proposals.
	(d)  The district shall prepare a request for competitive 
sealed proposals that includes construction documents, selection 
criteria, estimated budget, project scope, schedule, and other 
information that contractors may require to respond to the request.  
The district shall state in the request for proposals the selection 
criteria that will be used in selecting the successful offeror.
	(e)  The district shall receive, publicly open, and read 
aloud the names of the offerors and, if any are required to be 
stated, all prices stated in each proposal.  Within 45 days after 
the date of opening the proposals, the district shall evaluate and 
rank each proposal submitted in relation to the published selection 
criteria.
	(f)  The district shall select the offeror that offers the 
best value for the district based on the published selection 
criteria and on its ranking evaluation.  The district shall first 
attempt to negotiate with the selected offeror a contract.  The 
district and its engineer or architect may discuss with the 
selected offeror options for a scope or time modification and any 
price change associated with the modification. If the district is 
unable to negotiate a contract with the selected offeror, the 
district 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.
	(g)  In determining best value for the district, the district 
is not restricted to considering price alone, but may consider any 
other factor stated in the selection criteria.

Added by Acts 1997, 75th Leg., ch. 1179, § 2, eff. Sept. 1, 1997.  
Amended by Acts 1999, 76th Leg., ch. 1225, § 8, eff. Sept. 1, 
1999;  Acts 2003, 78th Leg., ch. 1276, § 14A.760, eff. Sept. 1, 
2003.

Last modified: August 10, 2007