Sec. 366.185. ENGINEERING, DESIGN, AND CONSTRUCTION SERVICES. (a) A contract made by an authority that requires the expenditures of public funds for the construction or maintenance of a turnpike project may be let by a competitive bidding procedure in which the contract is awarded to the lowest responsible bidder that complies with the authority's criteria.
(b) The authority shall adopt rules governing the award of contracts through competitive bidding.
(c) An authority may procure a combination of engineering, design, and construction services in a single procurement for a turnpike project, provided that any contract awarded results in the best value to the authority.
(d) The authority shall adopt rules governing the award of contracts for engineering, design, construction, and maintenance services in a single procurement.
(d-1) The rules adopted under Subsection (d) may not materially conflict with the design-build procedures provided by Subchapter H, Chapter 2269, Government Code, and shall provide materially similar injunctive and declaratory action enforcement rights regarding the improper disclosure or use of unique or nonordinary information as provided in that subchapter.
(d-2) Notwithstanding Subsection (d-1), if the contract amount exceeds $50 million, the rules adopted under Subsection (d) may provide for a stipend to be offered to an unsuccessful design-build firm that submits a response to the authority's request for additional information, in an amount that:
(1) may exceed $250,000; and
(2) is reasonably necessary, as determined by the authority in its sole discretion, to compensate an unsuccessful firm for:
(A) preliminary engineering costs associated with the development of the proposal by the firm; and
(B) the value of the work product contained in the proposal, including the techniques, methods, processes, and information contained in the proposal.
(e) Notwithstanding any other law requiring a competitive bidding procedure, an authority may let a contract for the construction of a turnpike project by a construction manager-at-risk procedure under which the construction manager-at-risk provides consultation to the authority during the design of the turnpike project and is responsible for the construction of the turnpike project in accordance with the authority's specifications. A construction manager-at-risk shall be selected on the basis of criteria established by the authority, which may include the construction manager-at-risk's experience, past performance, safety record, proposed personnel and methodology, proposed fees, and other appropriate factors that demonstrate the construction manager-at-risk's ability to provide the best value to the authority and to deliver the required services in accordance with the authority's specifications.
(f) The authority shall adopt rules governing the award of contracts using construction manager-at-risk procedures under this section.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 9.06, eff. June 11, 2007.
Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 9.07(a), eff. June 11, 2007.
Acts 2009, 81st Leg., R.S., Ch. 770 (S.B. 882), Sec. 2, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 4.07, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(33), eff. September 1, 2013.
Last modified: September 28, 2016