Tex. Transp. Code Section 370.406
Request for Detailed Proposals


(a)

An authority shall issue a request for detailed proposals to proposers qualified or short-listed under Section 370.405 (Request for Qualifications). A request for detailed proposals must include:

(1)

information on the overall project goals;

(2)

the authority’s cost estimates for the design-build portion of the work;

(3)

materials specifications;

(4)

special material requirements;

(5)

a schematic design approximately 30 percent complete;

(6)

known utilities, provided that an authority is not required to undertake an effort to locate utilities;

(7)

quality assurance and quality control requirements;

(8)

the location of relevant structures;

(9)

notice of any rules or goals adopted by the authority pursuant to Section 370.183 (Disadvantaged Businesses) relating to awarding contracts to disadvantaged businesses;

(10)

available geotechnical or other information related to the project;

(11)

the status of any environmental review of the project;

(12)

detailed instructions for preparing the technical proposal required under Subsection (c), including a description of the form and level of completeness of drawings expected;

(13)

the relative weighting of the technical and cost proposals required under Subsection (c) and the formula by which the proposals will be evaluated and ranked, provided that the formula shall allocate at least 70 percent of the weighting to the cost proposal; and

(14)

the criteria and weighting for each element of the technical proposal.

(b)

A request for detailed proposals shall also include a general form of the design-build contract that the authority proposes if the terms of the contract may be modified as a result of negotiations prior to contract execution.

(c)

Each response to a request for detailed proposals must include a sealed technical proposal and a separate sealed cost proposal.

(d)

The technical proposal must address:

(1)

the proposer’s qualifications and demonstrated technical competence, provided that the proposer shall not be requested to resubmit any information that was submitted and evaluated pursuant to Section 370.405 (Request for Qualifications)(a)(3);

(2)

the feasibility of developing the project as proposed, including identification of anticipated problems;

(3)

the proposed solutions to anticipated problems;

(4)

the ability of the proposer to meet schedules;

(5)

the conceptual engineering design proposed; and

(6)

any other information requested by the authority.

(e)

An authority may provide for the submission of alternative technical concepts by a proposer. If an authority provides for the submission of alternative technical concepts, the authority must prescribe a process for notifying a proposer whether the proposer’s alternative technical concepts are approved for inclusion in a technical proposal.

(f)

The cost proposal must include:

(1)

the cost of delivering the project;

(2)

the estimated number of days required to complete the project; and

(3)

any terms for financing for the project that the proposer plans to provide.

(g)

A response to a request for detailed proposals shall be due not later than the 180th day after the final request for detailed proposals is issued by the authority. This subsection does not preclude the release by the authority of a draft request for detailed proposals for purposes of receiving input from short-listed proposers.

(h)

An authority shall first open, evaluate, and score each responsive technical proposal submitted on the basis of the criteria described in the request for detailed proposals and assign points on the basis of the weighting specified in the request for detailed proposals. The authority may reject as nonresponsive any proposer that makes a significant change to the composition of its design-build team as initially submitted that was not approved by the authority as provided in the request for detailed proposals. The authority shall subsequently open, evaluate, and score the cost proposals from proposers that submitted a responsive technical proposal and assign points on the basis of the weighting specified in the request for detailed proposals. The authority shall rank the proposers in accordance with the formula provided in the request for detailed proposals.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 38, eff. September 1, 2011.

Source: Section 370.406 — Request for Detailed Proposals, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­370.­htm#370.­406 (accessed Mar. 23, 2024).

370.001
Short Title
370.003
Definitions
370.004
Construction Costs Defined
370.031
Creation of a Regional Mobility Authority
370.032
Nature of Regional Mobility Authority
370.033
General Powers
370.034
Establishment of Transportation Systems
370.036
Transfer of Bonded Turnpike Project to Department
370.037
Transfer of Ferry Connecting State Highways
370.038
Commission Rules
370.039
Transfer of Transportation Project or System
370.071
Expenditures for Feasibility Studies
370.072
Feasibility Study Fund
370.073
Feasibility Study by Municipality, County, Other Governmental Entity, or Private Group
370.111
Transportation Revenue Bonds
370.112
Interim Bonds
370.113
Payment of Bonds
370.114
Effect of Lien
370.115
Bond Indenture
370.116
Approval of Bonds by Attorney General
370.117
Furnishing of Indemnifying Bonds or Pledges of Securities
370.118
Applicability of Other Law
370.161
Transportation Projects Extending into Other Counties
370.162
Powers and Procedures of Authority in Acquiring Property
370.163
Acquisition of Property
370.164
Declaration of Taking
370.165
Possession of Property
370.166
Participation Payment for Real Property
370.167
Severance of Real Property
370.168
Acquisition of Rights in Public Real Property
370.169
Compensation for and Restoration of Public Property
370.170
Public Utility Facilities
370.171
Lease, Sale, or Conveyance of Transportation Project
370.172
Revenue
370.173
Authority Revolving Fund
370.174
Use of Surplus Revenue
370.175
Exemption from Taxation or Assessment
370.176
Actions Affecting Existing Roads
370.177
Failure or Refusal to Pay Turnpike Project Toll
370.178
Use and Return of Transponders
370.179
Controlled Access to Turnpike Projects
370.180
Promotion of Transportation Project
370.181
Operation of Transportation Project
370.182
Audit
370.183
Disadvantaged Businesses
370.184
Procurement
370.185
Competitive Bidding
370.186
Contracts with Governmental Entities
370.187
Project Approval
370.188
Environmental Review of Authority Projects
370.189
Department Maintenance and Operation
370.190
Property of Certain Transportation Authorities
370.191
Commercial Transportation Processing Systems
370.192
Property of Rapid Transit Authorities
370.193
Priority Boarding of Ferry
370.251
Board of Directors
370.252
Prohibited Conduct for Directors and Employees
370.253
Surety Bonds
370.254
Removal of Director
370.255
Compensation of Director
370.256
Evidence of Authority Actions
370.257
Public Access
370.258
Indemnification
370.259
Purchase of Liability Insurance
370.260
Certain Contracts and Sales Prohibited
370.261
Strategic Plans and Annual Reports
370.262
Meetings by Telephone Conference Call
370.301
Department Contributions to Turnpike Projects
370.302
Agreements to Construct, Maintain, and Operate Transportation Projects
370.303
Agreements Between Authority and Governmental Entities
370.304
Additional Agreements of Authority
370.305
Comprehensive Development Agreements
370.306
Process for Entering into Comprehensive Development Agreements
370.307
Confidentiality of Negotiations for Comprehensive Development Agreements
370.308
Performance and Payment Security
370.309
Ownership of Transportation Projects
370.310
Liability for Private Obligations
370.0311
Certain Municipalities
370.311
Terms of Private Participation
370.312
Rules, Procedures, and Guidelines Governing Negotiating Process
370.313
Participation on Certain Other Boards, Commissions, or Public Bodies
370.0315
Addition and Withdrawal of Counties
370.315
Performance and Payment Bonds and Security
370.317
Agreements with Local Governments
370.331
Voluntary Dissolution
370.332
Involuntary Dissolution
370.333
Voluntary Dissolution of Authority Governed by Governing Body of Municipality
370.351
Transit Systems
370.352
Public Hearing on Fare and Service Changes
370.353
Public Hearing on Fare and Service Changes: Exceptions
370.354
Notice of Hearing on Fare or Service Change
370.355
Criminal Penalties
370.361
Transfer of Transit Systems
370.362
Sales and Use Tax
370.363
Maximum Tax Rate
370.364
Election to Change Tax Rate
370.365
Sales Tax: Effective Dates
370.401
Scope of and Limitations on Contracts
370.402
Definitions
370.403
Use of Engineer or Engineering Firm
370.404
Other Professional Services
370.405
Request for Qualifications
370.406
Request for Detailed Proposals
370.407
Negotiation
370.408
Assumption of Risks
370.409
Stipend Amount for Unsuccessful Proposers
370.410
Performance and Payment Bond
370.1911
Commercial Transportation Processing Systems at Inspection Facilities at Interstate Borders
370.2511
Board of Directors: Certain Authorities
370.2515
Board Composition Proposal by Turnpike Authority
370.2521
Filing of Financial Statement by Director
370.2522
Applicability of Conflicts of Interest Law to Directors
370.2523
Applicability of Nepotism Laws
370.4075
Changes to Design-build Team

Accessed:
Mar. 23, 2024

§ 370.406’s source at texas​.gov