Tex. Educ. Code Section 51.780
Design-build Contracts for Facilities


(a)

In this section:

(1)

“Design-build contract” means a single contract with a design-build firm for the design and construction of a facility.

(2)

“Design-build firm” means a partnership, corporation, or other legal entity or team that includes an engineer or architect and builder qualified to engage in building construction in Texas.

(3)

“Design criteria package” means a set of documents that provides sufficient information to permit a design-build firm to prepare a response to an institution’s request for qualifications and any additional information requested, including criteria for selection. The design criteria package must specify criteria the institution considers necessary to describe the project and may include, as appropriate, the legal description of the site, survey information concerning the site, interior space requirements, special material requirements, material quality standards, conceptual criteria for the project, special equipment requirements, cost or budget estimates, time schedules, quality assurance and quality control requirements, site development requirements, applicable codes and ordinances, provisions for utilities, parking requirements, or any other requirement, as applicable.

(b)

An institution may use the design-build method for the construction, rehabilitation, alteration, or repair of a facility. In using that method and in entering into a contract for the services of a design-build firm, the contracting institution and the design-build firm shall follow the procedures provided by Subsections (c)-(k).

(c)

The board may designate an engineer or architect independent of the design-build firm to act as its representative for the duration of the work on the facility. If the board’s engineer or architect is not a full-time employee of the institution, any engineer or architect designated shall be selected on the basis of demonstrated competence and qualifications in accordance with Section 2254.004 (Contract for Professional Services of Architect, Engineer, or Surveyor), Government Code.

(d)

The institution shall prepare a request for qualifications that includes general information on the project site, project scope, budget, special systems, selection criteria, and other information that may assist potential design-build firms in submitting proposals for the project. The institution shall also prepare the design criteria package that includes more detailed information on the project. If the preparation of the design criteria package requires engineering or architectural services that constitute the practice of engineering within the meaning of Chapter 1001 (Texas Board of Professional Engineers and Land Surveyors), Occupations Code, or the practice of architecture within the meaning of Chapter 1051 (Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects), Occupations Code, those services shall be provided in accordance with the applicable law.

(e)

The board or its representative shall publish the request for qualifications in a manner prescribed by the board.

(f)

The board or its representative shall evaluate statements of qualifications and select a design-build firm in two phases:

(1)

In phase one, the board or its representative shall prepare a request for qualifications and evaluate each offeror’s experience, technical competence, and capability to perform, the past performance of the offeror’s team and members of the team, and other appropriate factors submitted by the team or firm in response to the request for qualifications, except that cost-related or price-related evaluation factors are not permitted. Each offeror must certify to the board that each engineer or architect that is a member of its team was selected based on demonstrated competence and qualifications in the manner provided by Section 2254.004 (Contract for Professional Services of Architect, Engineer, or Surveyor), Government Code. The board or its representative shall qualify a maximum of five offerors to submit additional information and, if the board or its representative chooses, to interview for final selection.

(2)

In phase two, the board or its representative shall evaluate the information submitted by the offerors on the basis of the selection criteria stated in the request for qualifications and the results of any interview. The board or its representative may request additional information regarding demonstrated competence and qualifications, considerations of the safety and long-term durability of the project, the feasibility of implementing the project as proposed, the ability of the offeror to meet schedules, costing methodology, or other factors as appropriate. The board or its representative may not require offerors to submit detailed engineering or architectural designs as part of the proposal. The board or its representative shall rank each proposal submitted on the basis of the criteria specified in the request for qualifications. The board or its representative shall select the design-build firm that submits the proposal offering the best value for the institution on the basis of the published selection criteria and on its ranking evaluations. The board or its representative shall first attempt to negotiate with the selected offeror a contract. If the board or its representative is unable to negotiate a satisfactory contract with the selected offeror, the institution shall, formally and in writing, end all 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.

(g)

Following selection of a design-build firm under Subsection (f), that firm’s engineers or architects shall complete the design, submitting all design elements for review and determination of scope compliance by the institution’s engineer or architect before or concurrently with construction.

(h)

An engineer shall have responsibility for compliance with the engineering design requirements and all other applicable requirements of Chapter 1001 (Texas Board of Professional Engineers and Land Surveyors), Occupations Code. An architect shall have responsibility for compliance with the requirements of Chapter 1051 (Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects), Occupations Code.

(i)

The institution shall provide or contract for, independently of the design-build firm, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for acceptance of the facility by the institution. The institution shall select those services for which it contracts in accordance with Section 2254.004 (Contract for Professional Services of Architect, Engineer, or Surveyor), Government Code.

(j)

The design-build firm shall supply a signed and sealed set of construction documents for the project to the institution at the conclusion of construction.

(k)

A payment or performance bond is not required for, and may not provide coverage for, the portion of a design-build contract under this section that includes design services only. If a fixed contract amount or guaranteed maximum price has not been determined at the time a design-build contract is awarded, the penal sums of the performance and payment bonds delivered to the institution shall each be in an amount equal to the project budget, as specified in the design criteria package. The design-build firm shall deliver the bonds not later than the 10th day after the date the design-build firm executes the contract unless the design-build firm furnishes a bid bond or other financial security acceptable to the institution to ensure that the design-build firm will furnish the required performance and payment bonds when a guaranteed maximum price is established.
Added by Acts 1997, 75th Leg., ch. 1179, Sec. 3, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1225, Sec. 13, 14, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1409, Sec. 14, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.764, eff. Sept. 1, 2003.

Source: Section 51.780 — Design-build Contracts for Facilities, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­51.­htm#51.­780 (accessed Mar. 23, 2024).

51.001
Institutions to Which Applicable
51.002
Funds Subject to Control
51.003
Depositories
51.004
Separate Accounts
51.005
Reports
51.006
Funds Not to Be Used to Increase Salaries
51.007
Penalty
51.008
Certain Receipts to Be Deposited in State Treasury
51.009
Defining and Accounting for Certain Income
51.010
Collection of Delinquent Obligations
51.011
Disposition of Small Credit Balances
51.012
Payments by Electronic Funds Transfer or Electronic Pay Card
51.0031
Deposits and Investments
51.0032
Investment Reports and Policies
51.0051
Annual Operating Budgets
51.0052
Application Requirement for Colonias Projects
51.0065
Applicability of Across-the-board Salary Increase
51.101
Definitions
51.102
Legislative Findings and Purpose
51.103
Granting Leaves of Absence
51.104
Service Required
51.105
Duration and Compensation
51.106
Number on Leave at One Time
51.107
Rights Retained
51.108
Regulations Concerning Absence
51.151
Definitions
51.152
Purpose
51.153
Western Information Network Association
51.154
Board of Directors
51.155
Director’s Expenses
51.156
Meetings of the Board
51.157
Chairman, Vice Chairman
51.158
General Manager, Employees
51.159
Delegation of Authority
51.160
Bond of Officer, Agent, or Employee
51.161
Powers and Duties of Association
51.162
Gifts and Grants
51.163
Information Network Association Fund
51.164
Rules and Regulations
51.165
Principal Office
51.166
Facilities
51.167
Designation of Regions for Additional Associations
51.168
Creation of Additional Associations
51.169
Provisions Applicable to Additional Associations
51.170
Revenue Bonds
51.171
Revenue Refunding Bonds
51.172
Approval of Bonds
51.173
Bonds as Legal Investments
51.201
Applicability of Criminal Laws
51.202
Rules and Regulations
51.203
Campus Peace Officers
51.204
Trespass, Damage, Defacement
51.205
Parking
51.206
Parking and Traffic Tickets
51.207
Vehicle Identification Insignia
51.208
Penalty
51.209
Unauthorized Persons
51.210
Enforcement of Rules and Regulations
51.211
Cumulative Effect
51.212
Peace Officers at Private Institutions
51.213
Abandoned Personal Property
51.214
Security Officers for Medical Corporations in Certain Municipalities
51.215
Access to Police Records of Employment Applicants
51.217
Multihazard Emergency Operations Plan
51.218
Emergency Alert System
51.219
Notification of Penalty for False Alarm or Report
51.220
Public Junior College School Marshals
51.221
Active Shooter Training Providers
51.231
Definition of Periods of Disruption
51.232
Identification of Persons on Campus
51.233
Withdrawal of Consent to Remain on Campus
51.234
Notice of Withdrawal of Consent
51.235
Report to Chief Administrative Officer
51.236
Confirmation of Withdrawal of Consent
51.237
Request for Hearing
51.238
Reinstatement of Consent to Remain on Campus
51.239
Entering or Remaining on Campus After Withdrawal of Consent
51.240
Authority to Suspend, Dismiss, or Expel Students or Employees Not Affected
51.241
Students and Employees Barred from Campus After Suspension or Dismissal
51.242
Refusing or Failing to Leave Building Closed to Public
51.243
Required Hearing Procedures
51.244
Penalties
51.251
Definitions
51.252
Reporting Required for Certain Incidents
51.253
Administrative Reporting Requirements
51.254
Immunities
51.255
Failure to Report or False Report
51.256
Confidentiality
51.257
Retaliation Prohibited
51.258
Compliance
51.259
Rules
51.281
Definitions
51.282
Policy on Sexual Harassment, Sexual Assault, Dating Violence, and Stalking
51.283
Electronic Reporting Option
51.284
Amnesty for Students Reporting Certain Incidents
51.285
Victim Request Not to Investigate
51.286
Disciplinary Process for Certain Violations
51.287
Student Withdrawal or Graduation Pending Disciplinary Charges
51.288
Trauma-informed Investigation Training
51.289
Memoranda of Understanding Required
51.290
Responsible and Confidential Employee
51.291
Confidentiality
51.292
Compliance
51.293
Equal Access
51.294
Advisory Committee
51.295
Rules
51.301
Government or Political Science
51.302
American or Texas History
51.303
Elective Courses in Dactylology
51.304
Courses in Military and Naval Training
51.305
Personal Financial Literacy Training
51.307
Rules
51.308
Driver Education
51.309
Pain Treatment Medical Education Course Work
51.331
Definitions
51.332
Applicability
51.333
College Readiness Assessment Required
51.334
Assessment Instruments
51.335
College Readiness Advising
51.336
Developmental Education
51.337
Reevaluation of College Readiness
51.338
Exemptions
51.339
Professional Development for Developmental Education
51.340
Funding
51.341
Report to Board
51.342
Report to School Districts
51.343
Evaluation of Success Initiative
51.344
Rules
51.351
Definitions
51.352
Responsibility of Governing Boards
51.353
Responsibility of System Administration
51.354
Institutional Responsibility
51.355
Nonvoting Student Regent
51.356
Nonvoting Student Regent
51.357
Public Testimony at Certain Meetings of Governing Boards of General Academic Teaching Institutions
51.358
Long-term Strategic Plan for Research University or Emerging Research University
51.359
Role and Mission Statement
51.400
Definitions
51.401
Purpose
51.402
Report of Institutional and Academic Duties
51.403
Economic Justification for Courses
51.404
Submission of Reports
51.405
Reporting of Noncompliance
51.406
Expiration of Certain Reporting Requirements Applicable to Institutions of Higher Education and University Systems
51.451
Definitions
51.452
Private Institutions: Dissemination of Course Schedule and List of Required and Recommended Textbooks
51.453
Textbook Assistance Information for Students
51.454
Textbook Publishers: Availability of Information to Faculty Concerning Textbook Prices, Revisions, and Copyrights
51.455
Textbook Bundles
51.551
Purpose
51.552
Fund
51.553
Use of Fund
51.661
Purpose
51.662
Partnership Agreements
51.663
Advisory Committee
51.664
Joint Use of Personnel
51.665
Support Services
51.666
Facilities
51.667
State Funding
51.668
Continuing Responsibilities
51.680
Review by Commissioner of Higher Education
51.701
Legislative Findings
51.702
Purpose
51.703
Definition
51.704
Fund
51.705
Use of Fund
51.751
Creation and Operation
51.752
Educational Economic Policy Committee
51.761
Definitions
51.762
Common Admission Application Forms
51.763
Electronic Admission Application Form for University Systems
51.764
Fees
51.776
Definitions
51.777
Delegation of Authority
51.778
Competitive Bidding on Contracts
51.779
Evaluation of Bids and Proposals for Construction Services
51.780
Design-build Contracts for Facilities
51.781
Contracts for Facilities: Construction Manager-agent
51.782
Contracts for Facilities: Construction Manager-at-risk
51.783
Selecting Contractor for Construction Services Through Competitive Sealed Proposals
51.784
Job Order Contracts for Facilities Construction or Repair
51.785
Certain Contracts Prohibited
51.801
Definitions
51.802
Uniform Admission System
51.803
Automatic Admission: All Institutions
51.804
Additional Automatic Admissions: Selected Institutions
51.805
Other Admissions
51.807
Rulemaking
51.808
Application of Admission Criteria to Other Programs
51.809
Scholarship and Fellowship Awards
51.810
Higher Education Assistance Plans
51.821
Definitions
51.822
Joint Admission Medical Program
51.823
Composition of Council
51.824
Council Duties
51.825
Council Delegation
51.826
Eligibility for Admission to Program
51.827
Eligibility to Continue Participation in Program
51.828
Council Agreement with Student Admitted to Program
51.829
Council Agreement with Participating Medical School
51.830
Council Agreement with General Academic Teaching Institution
51.831
Council Agreement with Private or Independent Institution of Higher Education
51.833
Funding
51.834
Report
51.841
Definitions
51.842
Admission and Scholarship Factors for Graduate and Professional Programs
51.843
Rulemaking
51.844
Readmission of Certain Military Personnel to Graduate and Professional Programs
51.871
Definitions
51.872
Administration of Fund
51.873
Use of Fund
51.874
Criteria in Selecting Programs
51.875
Funding
51.881
Definitions
51.882
Maintenance, Storage, Administration, and Disposal of Epinephrine Auto-injectors
51.883
Report on Administering Epinephrine Auto-injector
51.884
Training
51.885
Prescription of Epinephrine Auto-injectors
51.886
Gifts, Grants, and Donations
51.887
Rules
51.888
Immunity from Liability
51.901
Liability Insurance for Operators of Atomic Energy Reactors
51.902
Contracts for Teacher Training
51.903
Archives
51.904
Street Closing
51.905
State-owned Museum Buildings
51.906
Sequential Education Planning for Nursing Education
51.907
Limitations on Number of Courses that May Be Dropped Under Certain Circumstances
51.908
Faculty Compensation Policies
51.909
Expulsion of Certain Foreign Students
51.910
Interviews for Historical Purposes and Collections of Rare Books, Original Manuscripts, Personal Papers, Unpublished Letters, and Audio and Video Tapes
51.911
Religious Holy Days
51.912
Equity Ownership
51.913
Executive Search Committees
51.914
Protection of Certain Information
51.915
Academies of Mathematics and Science
51.917
Faculty Members
51.918
Rural Health
51.919
Hiv and Aids Policy
51.920
Technology Transfer
51.921
Posting of Steroid Law Notice
51.922
Mandatory Retirement Prohibited
51.923
Qualifications of Certain Business Entities to Enter into Contracts with an Institution of Higher Education
51.924
Assessment Instruments Used for Admission Standards
51.925
Religious Holy Days
51.926
Payroll Deductions for Qualified Retirement Plans
51.927
Energy Savings Performance Contracts
51.928
Written Contracts or Agreements Between Certain Institutions
51.929
Prohibition Against Certain Extensions of Credit by Certain Retail Stores
51.930
National Student Exchange Program
51.931
Right to an Academic Fresh Start
51.932
Motor Vehicles Owned and Used by State-supported Institutions
51.933
Immunization Requirements
51.934
Assignment, Transfer, or Pledge of Compensation
51.935
Disruptive Activities
51.936
Hazing
51.937
Immunity from Liability for Volunteers
51.940
Student Debit Cards
51.941
Purchase of Agricultural Products
51.942
Faculty Tenure
51.943
Renewal of Faculty Employment Contracts
51.945
Student Participation in Selection of Food Service Contracts
51.946
Student Debit Cards at Private or Independent Institutions of Higher Education
51.947
Payroll Deductions for Certain Organizations
51.948
Restrictions on Contracts with Administrators
51.950
Policy Regulating Student Travel
51.951
Confidentiality of Certain Information Related to Purchase or Sale of Real Estate
51.952
Student Health Insurance
51.953
Certain Revenue Received from Student Health Center Services
51.954
Disclosure of Sponsors of Contracted Research in Public Communications
51.955
Prohibited State Agency Actions Related to Disclosure of Publicly Funded Research
51.956
Policy Framework for Research Security
51.960
Grievance Rights on Certain Personnel Issues
51.961
Leave Provisions for Employees of University System or Component Institution of System
51.962
Merit Salary Increases
51.963
Employee with Multiple Appointments
51.964
Hiring of Certain Retirees
51.965
Employee Notification
51.966
Insurance Coverage
51.967
Limitation on Educational Debt
51.968
Undergraduate Course Credit for High School Students Completing Postsecondary-level Program
51.969
Eligibility for Scholarship
51.970
Instructional Material for Blind and Visually Impaired Students and Students with Dyslexia
51.971
Compliance Program
51.972
On-site Reclaimed System Technologies Curriculum
51.973
Information Regarding Gang-free Zones
51.974
Internet Access to Course Information
51.975
Sharing of Underused Classrooms
51.976
Training and Examination Program for Employees of Campus Programs for Minors on Warning Signs of Sexual Abuse and Child Molestation
51.977
Employment Policies for Certain Persons Employed by Medical and Dental Units
51.978
Temporary Housing Between Academic Terms for Certain Students Formerly Under Conservatorship of Department of Family and Protective Services
51.979
Prohibition on Certain Discrimination in Student Dress or Grooming Policy
51.980
Intercollegiate Athletic Competition Based on Biological Sex
51.981
Off-campus Workforce Education or Lower-division Programs Requested by Employers
51.982
Protections for Pregnant and Parenting Students
51.983
Early Registration for Parenting Students
51.987
Certain Academic Boycotts of Foreign Countries Prohibited
51.1521
Interagency Contracts for Networks
51.2125
Private Institutions: Authority to Enter into Mutual Assistance Agreement
51.2126
Appeal by Campus Peace Officer of Disciplinary Action or Promotional Bypass Related to Provision of Assistance Under Mutual Assistance Agreement
51.2825
Certain Duties of Campus Peace Officer Investigating Family Violence, Stalking, Harassment, or Terroristic Threat
51.3041
Award of Course Credit for Military Training
51.3042
Award of Course Credit for Military Service
51.3521
Permanent Advisory Committees
51.3525
Responsibility of Governing Boards Regarding Diversity, Equity, and Inclusion Initiatives
51.4032
Annual Report of Participation in Higher Education
51.4033
Report of Nontransferable Credit
51.4034
Report of Courses Taken at Junior Colleges
51.4521
Public Institutions: Dissemination of Course Schedule and List of Required and Recommended Course Materials
51.6615
Definition
51.7761
Agreement with Collective Bargaining Organization
51.8035
Automatic Admission of Applicants Completing Core Curriculum at Another Institution
51.8045
Graduates of Certain Special High School Programs
51.8245
Program Alternates
51.8246
Confidential Records and Proceedings
51.8265
Preadmission Mentoring and Assistance
51.9045
Limitation on Use of Eminent Domain
51.9095
Student Compliance with Selective Service Registration
51.9111
Excused Absence for Required Military Service
51.9191
Bacterial Meningitis Information for New Students
51.9192
Bacterial Meningitis Vaccination Required for Certain Students
51.9193
Required Posting of Mental Health Resources
51.9194
Required Information for Entering Students Regarding Mental Health and Suicide Prevention Services
51.9195
Information for Undergraduate Students Regarding Benefits of Timely Graduation
51.9201
Alternative Technology for Colonias
51.9241
Admission of Student with Nontraditional Secondary Education
51.9242
Readmission of Student Who Withdraws to Perform Active Military Service
51.9245
Admission of Person Receiving Athletic Scholarship
51.9246
Compensation and Professional Representation of Student Athletes Participating in Intercollegiate Athletic Programs
51.9271
Energy-efficient Light Bulbs in Educational and Housing Facilities
51.9315
Protected Expression on Campus
51.9325
Retirement Incentives
51.9335
Acquisition of Goods and Services
51.9336
Electronic and Digital Signatures
51.9337
Purchasing Authority Conditional
51.9355
Assistance Relating to Undergraduate Admissions, Financial Aid, and Testing
51.9356
Designation of Liaison Officer to Assist Students Who Are or Were in Foster Care
51.9357
Designation of Liaison Officer to Assist Certain Students Who Are Parents
51.9358
Designation of Support Services Liaison Officer to Assist Students
51.9361
Risk Management Programs for Members and Advisors of Student Organizations
51.9362
Overdose Awareness Training for Residential Advisors and Student Organization Officers
51.9364
Certain Notations Required on Student Transcripts
51.9461
Charges and Fees for Certain Payments at Private or Independent Institutions of Higher Education
51.9611
Payroll Deductions for Employees of University System or Institution of Higher Education
51.9645
Prohibition Against Certain Activities by Financial Aid Employees
51.9685
Required Filing of Degree Plan
51.9701
Assessment for Dyslexia
51.9705
Notice Regarding Availability of Textbooks Through Multiple Retailers
51.9715
Release of Student Academic Information
51.9741
Internet Access to Financial Transactions
51.9745
Internet Access to Faculty Information
51.9746
Internet Access to Employment Data
51.9761
Child Abuse Reporting Policy and Training
51.91941
Suicide Prevention Information Required on Student Identification Card
51.96851
Learning Outcomes for Undergraduate Courses
51.96852
Recommended Course Sequences
51.96853
Transfer of Credit from Lower-division Institutions of Higher Education

Accessed:
Mar. 23, 2024

§ 51.780’s source at texas​.gov