Texas Government Code Title 10, Chapter 2269 - Contracting And Delivery Procedures For Construction Projects

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 2269.001 - Definitions
  In this chapter: (1) "Architect" means an individual registered as an architect under Chapter 1051, Occupations Code. (2) "Engineer" means an individual licensed as an...
• Texas Section 2269.002 - Applicability Of Chapter To Governmental Entities Engaged In Public Works
  This chapter applies to a public work contract made by a governmental entity authorized by state law to make a public work contract, including: (1)...
• Texas Section 2269.003 - Conflict Of Laws; Requirement To Follow Procedures Of This Chapter
  (a) Except as provided by this section, this chapter prevails over any other law relating to a public work contract. (b) This chapter does not...
• Texas Section 2269.004 - Exemption: Texas Department Of Transportation; Highway Projects
  This chapter does not apply to: (1) a contract entered into by the Texas Department of Transportation; or (2) a project that receives money from...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...

SUBCHAPTER B GENERAL POWERS AND DUTIES

• Texas Section 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...
• Texas Section 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,...
• Texas Section 2269.052 - Notice Requirements
  (a) A governmental entity shall advertise or publish notice of requests for bids, proposals, or qualifications in a manner prescribed by law. (b) For a...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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;...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER C COMPETITIVE BIDDING METHOD

• Texas Section 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.,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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.,...
• Texas Section 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...

SUBCHAPTER D COMPETITIVE SEALED PROPOSAL METHOD

• Texas Section 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...
• Texas Section 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...
• Texas Section 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.,...
• Texas Section 2269.153 - Preparation Of Request
  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...
• Texas Section 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)...

SUBCHAPTER E CONSTRUCTION MANAGER-AGENT METHOD

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER F CONSTRUCTION MANAGER-AT-RISK METHOD

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER G BUILDING USING DESIGN-BUILD METHOD

• Texas Section 2269.258 - Performance Or Payment Bond
  (a) If a fixed contract amount or guaranteed maximum price has not been determined at the time the contract is awarded, the penal sums of...
• Texas Section 2269.301 - Contracts For Facilities: Design-build
  In this chapter, "design-build" is a project delivery method by which a governmental entity contracts with a single entity to provide both design and construction...
• Texas Section 2269.302 - Applicability Of Subchapter To Buildings; Exceptions
  This subchapter applies only to a facility that is a building or an associated structure, including an electric utility structure. This subchapter does not apply...
• Texas Section 2269.303 - Contracts For Buildings: Design-build
  A governmental entity may use the design-build method for the construction, rehabilitation, alteration, or repair of a building or associated structure only as provided by...
• Texas Section 2269.304 - Design-build Firms
  A design-build firm under this subchapter must be a sole proprietorship, partnership, corporation, or other legal entity or team that includes an architect or engineer...
• Texas Section 2269.305 - Use Of Architect Or Engineer As Independent Representative
  The governmental entity shall select or designate an architect or engineer independent of the design-build firm to act as the governmental entity's representative for the...
• Texas Section 2269.306 - Preparation Of Request
  (a) The governmental entity shall prepare a request for qualifications that includes general information on the project site, project scope, budget, special systems, selection criteria...
• Texas Section 2269.307 - Evaluation Of Design-build Firms
  (a) For each design-build firm that responded to the request for qualifications, the governmental entity shall evaluate the firm's experience, technical competence, and capability to...
• Texas Section 2269.308 - Selection Of Design-build Firm
  (a) The governmental entity shall select the design-build firm that submits the proposal offering the best value for the governmental entity on the basis of...
• Texas Section 2269.309 - Submission Of Design After Selection
  After selection of the design-build firm, that firm's architects or engineers shall submit all design elements for review and determination of scope compliance to the...
• Texas Section 2269.310 - Final Construction Documents
  The design-build firm shall supply a set of construction documents for the completed project to the governmental entity at the conclusion of construction. The documents...

SUBCHAPTER H DESIGN-BUILD PROCEDURES FOR CERTAIN CIVIL WORKS PROJECTS

• Texas Section 2269.311 - Performance Or Payment Bond
  (a) A payment or performance bond is not required and may not provide coverage for the design portion of the design-build contract with the design-build...
• Texas Section 2269.351 - Definitions
  In this subchapter: (1) "Civil works project" means: (A) roads, streets, bridges, utilities, water supply projects, water plants, wastewater plants, water distribution and wastewater conveyance...
• Texas Section 2269.352 - Applicability
  This subchapter applies to a governmental entity that: (1) has a population of more than 100,000 within the entity's geographic boundary or service area; or...
• Texas Section 2269.353 - 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...
• Texas Section 2269.354 - Limitation On Number Of Projects
  (a) After August 31, 2013: (1) a governmental entity with a population of 500,000 or more within the entity's geographic boundary or service area may,...
• Texas Section 2269.355 - Use Of Engineer
  (a) The governmental entity shall select or designate an engineer who is independent of the design-build firm to act as its representative for the procurement...
• Texas Section 2269.356 - Use Of Other Professional Services
  (a) The governmental entity shall provide or contract for, independently of the design-build firm, the following services as necessary for the acceptance of the civil...
• Texas Section 2269.357 - Request For Qualifications
  (a) The governmental entity shall prepare a request for qualifications that includes: (1) information on the civil works project site; (2) project scope; (3) project...
• Texas Section 2269.358 - Contents Of Design Criteria Package
  A design criteria package may include, as appropriate: (1) budget or cost estimates; (2) information on the site; (3) performance criteria; (4) special material requirements;...
• Texas Section 2269.359 - Evaluation Of Design-build Firms
  (a) The governmental entity shall receive proposals and shall evaluate each offeror's experience, technical competence, and capability to perform, the past performance of the offeror's...
• Texas Section 2269.360 - Selection Of Design-build Firm
  The governmental entity shall select a design-build firm using a combination of technical and cost proposals as provided by Section 2269.361. Added by Acts 2011,...
• Texas Section 2269.361 - Procedures For Combination Of Technical And Cost Proposals
  (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...
• Texas Section 2269.3615 - Identification Of Project Team
  (a) A governmental entity may require a design-build firm responding to a request for detailed proposals to identify companies that will: (1) fill key project...
• Texas Section 2269.362 - Negotiation
  After selecting the highest-ranked design-build firm under Section 2269.361, the governmental entity shall first attempt to negotiate a contract with the selected firm. If the...
• Texas Section 2269.363 - Assumption Of Risks
  The governmental entity shall assume: (1) all risks and costs associated with: (A) scope changes and modifications, as requested by the governmental entity; (B) unknown...
• Texas Section 2269.364 - Stipend Amount For Unsuccessful Offerors
  (a) Unless a stipend is paid under Subsection (c), the design-build firm retains all rights to the work product submitted in a proposal. The governmental...
• Texas Section 2269.365 - Completion Of Design
  (a) Following selection of a design-build firm under this subchapter, the firm's engineers shall submit all design elements for review and determination of scope compliance...
• Texas Section 2269.366 - Final Construction Documents
  At the conclusion of construction, the design-build firm shall supply to the governmental entity a record set of construction documents for the project prepared as...

SUBCHAPTER I JOB ORDER CONTRACTS METHOD

• Texas Section 2269.367 - Performance Or Payment Bond
  (a) A performance or payment bond is not required for the portion of a design-build contract under this section that includes design services only. (b)...
• Texas Section 2269.401 - Job Order Contracting
  In this chapter, "job order contracting" is a procurement method used for maintenance, repair, alteration, renovation, remediation, or minor construction of a facility when the...
• Texas Section 2269.402 - Applicability Of Subchapter To Buildings; Exceptions
  This subchapter applies only to a facility that is a building, the design and construction of which is governed by accepted building codes, or a...
• Texas Section 2269.403 - Requirements For Job Order Contracts For Facilities
  (a) A governmental entity may award job order contracts for the maintenance, repair, alteration, renovation, remediation, or minor construction of a facility if: (1) the...
• Texas Section 2269.404 - Contractual Unit Prices
  The governmental entity may establish contractual unit prices for a job order contract by: (1) specifying one or more published construction unit price books and...
• Texas Section 2269.405 - Competitive Sealed Proposal Method
  (a) A governmental entity may use the competitive sealed proposal method under Subchapter D for job order contracts. (b) The governmental entity shall advertise for,...
• Texas Section 2269.406 - Awarding Of Job Order Contracts
  The governmental entity may award job order contracts to one or more job order contractors in connection with each solicitation of proposals. Added by Acts...
• Texas Section 2269.407 - Use Of Job Order Contract
  A job order contract may be used to accomplish work only for the governmental entity that awards the contract unless: (1) the solicitation for the...
• Texas Section 2269.408 - Use Of Architect Or Engineer
  (a) If a job order contract or an order issued under the contract requires architectural or engineering services that constitute the practice of architecture within...
• Texas Section 2269.409 - Job Order Contract Term
  The base term for a job order contract may not exceed two years. The governmental entity may renew the contract annually for not more than...
• Texas Section 2269.410 - Job Orders
  (a) An order for a job or project under a job order contract must be signed by the governmental entity's representative and the contractor. (b)...

SUBCHAPTER J ENFORCEMENT

• Texas Section 2269.411 - Payment And Performance Bonds
  The contractor shall provide payment and performance bonds, if required by law, based on the amount or estimated amount of any order. Added by Acts...
• Texas Section 2269.451 - Void Contract
  A contract, including a job order, entered into in violation of this chapter is voidable as against public policy. Added by Acts 2011, 82nd Leg.,...
• Texas Section 2269.452 - Declaratory Or Injunctive Relief
  (a) This chapter may be enforced through an action for declaratory or injunctive relief filed not later than the 10th day after the date on...

Last modified: September 28, 2016