Tex. Gov't Code 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 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 (Public and Private Facilities and Infrastructure) by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001 (Jurisdiction)(23), eff. September 1, 2013.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 702 (H.B. 2581), Sec. 4, eff. September 1, 2021.

Source: Section 2269.155 — Selection of Offeror, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­2269.­htm#2269.­155 (accessed Jun. 5, 2024).

2269.001
Definitions 2269.002
Applicability of Chapter to Governmental Entities Engaged in Public Works 2269.003
Conflict of Laws 2269.004
Exemption: Texas Department of Transportation 2269.005
Applicability: Institutions of Higher Education 2269.006
Exemption: Regional Tollway Authorities 2269.007
Exemption: Certain Local Government Corporation Improvement Projects 2269.008
Exemption: Regional Mobility Authorities 2269.009
Exemption: County Toll Authorities 2269.010
Exemption: Coordinated County Transportation Authority 2269.051
Rules 2269.052
Notice Requirements 2269.053
Delegation of Authority 2269.054
Right to Work 2269.055
Criteria to Consider 2269.056
Using Method Other than Competitive Bidding for Construction Services 2269.057
Architect or Engineer Services 2269.058
Use of Other Professional Services 2269.059
Sealed Bids, Proposals, or Qualifications Required 2269.060
Documents Related to Evaluation and Ranking 2269.101
Contracts for Facilities: Competitive Bidding 2269.102
Use of Architect or Engineer 2269.103
Preparation of Request 2269.104
Evaluation of Offerors 2269.105
Selection of Offeror 2269.106
Applicability of Other Competitive Bidding Law to Certain Local Governmental Entities 2269.151
Contracts for Facilities: Competitive Sealed Proposals 2269.152
Use of Architect or Engineer 2269.153
Preparation of Request 2269.154
Evaluation of Offerors 2269.155
Selection of Offeror 2269.201
Contracts for Facilities: Construction Manager-agent 2269.202
Contract Provisions of Construction Manager-agent 2269.203
Limits on Construction Manager-agent 2269.204
Fiduciary Capacity of Construction Manager-agent 2269.205
Use of Architect or Engineer 2269.206
Selection of Contractors 2269.207
Selection of Construction Manager-agent 2269.208
Insurance 2269.251
Contracts for Facilities: Construction Manager-at-risk 2269.252
Use of Architect or Engineer 2269.253
Selection Process 2269.254
Selection of Offeror 2269.255
Performance of Work 2269.256
Review of Bids or Proposals 2269.257
Default 2269.258
Performance or Payment Bond 2269.301
Contracts for Facilities: Design-build 2269.302
Applicability of Subchapter to Buildings 2269.303
Contracts for Buildings: Design-build 2269.304
Design-build Firms 2269.305
Use of Architect or Engineer as Independent Representative 2269.306
Preparation of Request 2269.307
Evaluation of Design-build Firms 2269.308
Selection of Design-build Firm 2269.309
Submission of Design After Selection 2269.310
Final Construction Documents 2269.311
Performance or Payment Bond 2269.351
Definitions 2269.352
Applicability 2269.353
Contracts for Civil Works Projects: Design-build 2269.354
Limitation on Number of Projects 2269.355
Use of Engineer 2269.356
Use of Other Professional Services 2269.357
Request for Qualifications 2269.358
Contents of Design Criteria Package 2269.359
Evaluation of Design-build Firms 2269.360
Selection of Design-build Firm 2269.361
Procedures for Combination of Technical and Cost Proposals 2269.362
Negotiation 2269.363
Assumption of Risks 2269.364
Stipend Amount for Unsuccessful Offerors 2269.365
Completion of Design 2269.366
Final Construction Documents 2269.367
Performance or Payment Bond 2269.401
Job Order Contracting 2269.402
Applicability of Subchapter to Buildings 2269.403
Requirements for Job Order Contracts for Facilities 2269.404
Contractual Unit Prices 2269.405
Competitive Sealed Proposal Method 2269.406
Awarding of Job Order Contracts 2269.407
Use of Job Order Contract 2269.408
Use of Architect or Engineer 2269.409
Job Order Contract Term 2269.410
Job Orders 2269.411
Payment and Performance Bonds 2269.451
Void Contract 2269.452
Declaratory or Injunctive Relief 2269.0541
Agreement with Collective Bargaining Organization 2269.3615
Identification of Project Team
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Accessed:
Jun. 5, 2024

§ 2269.155’s source at texas​.gov