Tex. Water Code Section 60.463
Selecting Contractor for Construction Services Through Competitive Sealed Proposals


(a)

In selecting a contractor for construction, rehabilitation, alteration, or repair services for a facility through competitive sealed proposals, a district shall follow the procedures prescribed by this section.

(b)

The district shall select or designate an engineer or architect to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 (Texas Board of Professional Engineers and Land Surveyors) or 1051 (Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects), Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the district, the district shall select the engineer or architect as provided by Section 2254.004 (Contract for Professional Services of Architect, Engineer, or Surveyor), Government Code.

(c)

The district shall provide or contract for, independently of the contractor, the inspection services, the testing of construction materials, and the verification testing services necessary for acceptance of the facility by the district. The district 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, and shall identify them in the request for proposals.

(d)

The district shall select a contractor through competitive sealed proposals in either a one-step or two-step process. The district shall prepare a request for competitive sealed proposals, in the case of a one-step process, or a request for qualifications, in the case of a two-step process, that includes construction documents, selection criteria, project scope, schedule, the time and place for receipt of proposals or qualifications, as applicable, a statement as to whether the selection process is a one-step or two-step process, and other information that contractors may require to respond to the request. The district shall state in the request for proposals or qualifications, as applicable, the selection criteria that will be used in selecting the successful offeror. If a one-step process is used, the district may request, as part of the offeror’s proposal, proposed prices.

(d-1)

If a two-step process is used, the district may not request prices in the first step. In the second step, the district may request that offerors, selected solely on the basis of qualifications, provide additional information, including proposed prices.

(e)

At each step, the district shall receive, publicly open, and read aloud the names of the offerors. At the appropriate step, the district shall read aloud the prices, if any, stated in each proposal as the proposal is opened. Not later than the 45th day after the date of opening the proposals, the district shall evaluate and rank each proposal submitted in relation to the published selection criteria.

(e-1)

Notwithstanding Subsection (e), if the district demonstrates 45 days is not sufficient time for thorough evaluation, the district may specify in the request for competitive sealed proposals a deadline, not later than the 90th day after the date of opening the proposals, to evaluate and rank each proposal submitted in relation to the published selection criteria.

(f)

The district shall select the offeror that offers the best value for the district based on the published selection criteria and on its ranking evaluation. The district shall first attempt to negotiate a contract with the selected offeror. The district and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the district is unable to negotiate a contract with the selected offeror, the district 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.

(g)

In determining best value for the district, the district is not restricted to considering price alone, but may consider any other factor stated in the selection criteria.
Added by Acts 2003, 78th Leg., ch. 307, Sec. 1, eff. June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 513 (H.B. 769), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1330 (S.B. 1531), Sec. 9, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1191 (H.B. 3785), Sec. 9, eff. June 19, 2009.
Acts 2017, 85th Leg., R.S., Ch. 427 (S.B. 1395), Sec. 14, eff. June 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 440 (S.B. 1642), Sec. 7, eff. June 8, 2021.

Source: Section 60.463 — Selecting Contractor for Construction Services Through Competitive Sealed Proposals, https://statutes.­capitol.­texas.­gov/Docs/WA/htm/WA.­60.­htm#60.­463 (accessed Mar. 16, 2024).

60.001
Definitions
60.002
Audit
60.003
Authority to Contract for the Operation or Development of a District
60.004
Act or Proceeding of District Presumed Valid
60.005
Exemption from Taxation and Special Assessments
60.011
Creation of Retirement, Disability, and Death Compensation Fund
60.013
Eligibility for Other Pension Funds
60.014
Hospitalization and Medical Benefits
60.021
Definitions
60.022
Establishment of Employee Catastrophic Assistance Program
60.023
Employee Contribution to District Assistance Fund
60.024
Transfers from District Assistance Fund to Employees
60.031
Application of Subchapter
60.032
Authority to Construct Improvements
60.033
Use of Equipment
60.034
Oil, Gas, and Mineral Leases
60.035
Notice of Certain Oil, Gas, and Mineral Leases
60.036
Security for Bid on Oil, Gas, or Mineral Leases
60.037
Award and Execution of Oil, Gas, and Mineral Leases
60.038
Disposition of Interests in Real Property
60.039
Surface Lease
60.043
Power over Waterways
60.044
Law Governing Commission
60.071
General Rule-making Authority
60.072
Specific Powers of Districts
60.073
Enforcement
60.074
Style of Ordinances
60.075
Publication of Ordinance, Rule, or Regulation
60.076
Conflict with Law
60.077
Authority of Peace Officers
60.078
Penalties
60.079
Jurisdiction of Violations
60.101
Acquisition and Maintenance of Port Facilities
60.102
Utility Relocation
60.103
Prescribing Fees and Charges
60.104
Power to Borrow Money
60.105
Expenses to Be Paid from Current Revenues
60.106
Pledge of Revenue for Payment of Obligations
60.107
Mortgage as Additional Security
60.108
Issuance of Obligations
60.109
Sinking Fund
60.110
Revenue Set Aside for Sinking Fund
60.111
Deposit of Proceeds of Obligations
60.112
Insuring Improvements to Protect Holders of Obligations
60.113
Compelling Performance of Duties
60.114
Obligations Exempt from Taxation
60.115
Refunding Obligations
60.116
Approval and Registration of Bonds
60.117
Bonds as Investments
60.118
Board of Trustees of Facility
60.119
Covenants for Management and Operation of Improvements
60.120
Contracts, Leases, and Agreements Authorized
60.121
Conversion of District
60.122
Improvements Not Payable from Taxes
60.123
Pilot and Pilotage Laws Unaffected
60.124
Gifts, Grants, and Donations
60.151
Purpose
60.152
Authority to Enter into Contract
60.153
Execution of Contracts
60.171
Authority to Borrow Money and Encumber Property and Franchise
60.172
Notice of Hearing on Indebtedness
60.173
Hearing on Indebtedness
60.174
Issuance of Obligations
60.175
Execution and Sale of Obligations
60.176
Obligations as Charge on Encumbered Property and Facilities
60.177
Lien on Revenue
60.178
Trustee to Enforce Foreclosure
60.179
Borrowing for Current Expenses
60.180
Management and Control by Commission
60.181
Proceedings to Borrow Money
60.201
Purpose
60.202
Creation of Fund
60.203
Expenditure of Fund
60.204
Management and Control of Promotion and Development Fund
60.205
Other Expenses Not Affected
60.221
Modification of Revenue Bond Resolution
60.241
Authority to Convert
60.242
Resolution
60.243
Notice of Resolution
60.244
Findings
60.245
Status of Converted District
60.246
Powers of Converted District
60.247
Optional Election
60.248
Effect of Election
60.249
Effect of Optional Conversion
60.271
Selection of Depository
60.272
Depository Bond
60.273
Treasurer’s Bond
60.301
Authority to Issue Refunding Bonds
60.331
Classes of Bonds Authorized
60.332
Issuance of Bonds
60.333
Form of Bonds
60.334
Maturity of Bonds
60.335
Registered and Bearer Bonds
60.336
Lost and Destroyed Bonds
60.337
Approval of Converted or Substituted Bonds
60.338
Bonds Secured by Revenues
60.339
Bonds Payable from Taxes
60.340
Bonds Payable from Both Taxes and Revenues
60.341
Rates, Tolls, and Charges
60.342
Use of Bond Proceeds
60.343
Interim Bonds
60.344
Refunding Bonds
60.345
Approval and Incontestability of Bonds
60.346
Additional Security
60.347
Investment of Bond Proceeds
60.348
Bonds as Investments
60.349
Effect of Subchapter
60.0381
Conveyance of Land by Certain Navigation Districts
60.401
Application of Subchapter
60.402
Definitions
60.403
Contracts: Purchases
60.404
Competitive Bidding Requirements
60.405
Proposal Procedures
60.406
Competitive Bidding and Proposal Procedures Required for Certain Contracts
60.407
Opening Sealed Proposals and Bids
60.408
Contract Award
60.409
Pricing Method
60.410
Changes in Plans and Specifications
60.411
Bond Requirements
60.412
Exemptions
60.413
Criminal Penalty
60.414
Application of Other Law
60.451
Definitions
60.452
Applicability of Subchapter
60.453
Authority to Adopt Rules
60.454
Purchasing Contract Methods
60.455
Right to Reject All Bids
60.456
Notice Requirements
60.457
Delegation
60.458
Purchase Contract Award Criteria
60.459
Evaluation of Bids and Proposals for Construction Services
60.460
Design-build Contracts for Facilities
60.461
Contracts for Facilities: Construction Manager-agent
60.462
Contracts for Facilities: Construction Manager-at-risk
60.463
Selecting Contractor for Construction Services Through Competitive Sealed Proposals
60.464
Job Order Contracts for Facilities Construction or Repair
60.501
Safety and Security Procedures
60.502
Implied Contracts
60.551
Definitions
60.552
Authorization of Campaign
60.553
Deduction Authorized
60.554
Voluntary Participation
60.555
Designation of an Eligible Charitable Organization
60.556
Confidentiality
60.557
Revocation or Change of Authorization
60.558
Duration of Deduction
60.559
Fair and Equitable Management of Campaign
60.560
Campaign Policy and Management
60.561
Eligibility of Charitable Organizations, Federations, and Funds for Participation
60.562
Fund-raising Practices
60.563
Limitation on Use of Contributions
60.564
Misapplication of Contributions
60.0725
Nuisances
60.0726
Fires, Explosions, and Hazardous Materials Incidents
60.0775
Police Reserve Force
60.4035
Contracts: Emergency Purchases
60.4115
Notification of Safety and Environmental Record of Contractor
60.4125
Alternative Methods for Certain Purchases or Contracts

Accessed:
Mar. 16, 2024

§ 60.463’s source at texas​.gov