Tex. Gov't Code 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 and in entering into a contract for the services of a design-build firm, the contracting governmental entity and the design-build firm shall follow the procedures provided by this subchapter.

(b)

A contract for a project under this subchapter may cover only a single integrated project. A governmental entity may not enter into a contract for aggregated projects at multiple locations. For purposes of this subsection:

(1)

if a metropolitan transit authority created under Chapter 451 (Metropolitan Rapid Transit Authorities), Transportation Code, enters into a contract for a project involving a linear transit project with multiple stops along the project route for boarding passengers, created under Chapter 451 (Metropolitan Rapid Transit Authorities), Transportation Code, the linear transit project is a single integrated project; and

(2)

a water treatment plant, including a desalination plant, that includes treatment facilities, well fields, and pipelines is a single integrated project.

(c)

A governmental entity shall use the following criteria as a minimum basis for determining the circumstances under which the design-build method is appropriate for a project:

(1)

the extent to which the entity can adequately define the project requirements;

(2)

the time constraints for the delivery of the project;

(3)

the ability to ensure that a competitive procurement can be held; and

(4)

the capability of the entity to manage and oversee the project, including the availability of experienced personnel or outside consultants who are familiar with the design-build method of project delivery.

(d)

Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1127 (H.B. 1050), Sec. 11, eff. September 1, 2013.
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 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(13), eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1127 (H.B. 1050), Sec. 3, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1127 (H.B. 1050), Sec. 11, eff. September 1, 2013.

Source: Section 2269.353 — Contracts for Civil Works Projects: Design-build, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­2269.­htm#2269.­353 (accessed Mar. 23, 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

Accessed:
Mar. 23, 2024

§ 2269.353’s source at texas​.gov