Tex. Transp. Code Section 223.246
Request for Proposals


(a)

The department shall issue a request for proposals to proposers short-listed under Section 223.245 (Request for Qualifications). A request for proposals must include:

(1)

information on the overall project goals;

(2)

publicly available cost estimates for the design-build portion of the project;

(3)

materials specifications;

(4)

special material requirements;

(5)

a design approximately 30 percent complete;

(6)

known utilities, provided that the department 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 department relating to awarding contracts to disadvantaged business enterprises or small business enterprises;

(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 (d), 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 (d) and the formula by which the proposals will be evaluated and ranked; and

(14)

the criteria to be used in evaluating the technical proposals, and the relative weighting of those criteria.

(b)

The formula used to evaluate proposals under Subsection (a)(13) must allocate at least 70 percent of the weighting to the cost proposal.

(c)

A request for proposals must also include a general form of the design-build contract that the department proposes and that may be modified as a result of negotiations prior to contract execution.

(d)

Each response to a request for proposals must include a sealed technical proposal and a separate sealed cost proposal submitted to the department by the date specified in the request for proposals.

(e)

The technical proposal must address:

(1)

the proposer’s qualifications and demonstrated technical competence, unless that information was submitted to the department and evaluated by the department under Section 223.245 (Request for Qualifications);

(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 department.

(f)

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

(g)

The cost proposal must include:

(1)

the cost of delivering the project; and

(2)

the estimated number of days required to complete the project.

(h)

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

(i)

The department shall first open, evaluate, and score each responsive technical proposal submitted on the basis of the criteria described in the request for proposals and assign points on the basis of the weighting specified in the request for proposals. The department 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 department as provided in the request for proposals. The department 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 proposals. The department shall rank the proposers in accordance with the formula provided in the request for proposals.

(j)

If the department receives only one response to a request for proposals, an independent bid evaluation by the department must confirm and validate that:

(1)

the project procurement delivered value for the public investment; and

(2)

no anticompetitive practices were involved in the procurement.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 34, eff. September 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 859 (H.B. 2830), Sec. 2, eff. September 1, 2019.

Source: Section 223.246 — Request for Proposals, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­223.­htm#223.­246 (accessed Jun. 5, 2024).

223.001
Contract Requiring Competitive Bids
223.002
Notice of Bids
223.003
Notice of Proposed Contracts
223.004
Filing, Opening, and Rejection of Bids
223.006
Contractor’s Bond
223.007
Contracts
223.008
No Liability in Excess of Available Funds
223.009
Partial Payment
223.010
Deposit and Investment of Retained Amount
223.012
Contractor Performance
223.013
Electronic Bidding System
223.014
Bid Guaranty
223.015
Deposit and Investment of Bid Guaranty
223.016
Form of Proposal Guaranty
223.041
Engineering and Design Contracts
223.0041
Award of Contracts
223.0042
Contract Information on Internet Website
223.042
Privatization of Maintenance Contracts
223.043
Citizen’s Preference in Employment
223.044
Inmate Labor or Labor of Persons Placed on Community Supervision for Improvement Projects
223.045
Iron and Steel Preference Provisions in Improvement Contracts
223.046
Use of Fly Ash and Bottom Ash for Road Construction
223.047
Preference for Rubberized Asphalt Paving Made from Scrap Tires
223.048
Time of Payment
223.049
Contract with Land Owner for Improving Access to Land
223.050
Preference for Certain Providers
223.051
Verification by Contractors
223.052
Notification by Certain Municipalities of Scheduled Event
223.101
Definitions
223.102
Award of Emergency Highway Improvement Contract
223.103
Certification of Emergency
223.104
Contract Requirements
223.105
Notification of Commission
223.151
Applicability
223.152
Determination by Department
223.153
Solicitation of Proposals
223.154
Opening of Proposals
223.155
Discussions with Offerors
223.156
Award of Contract
223.157
Rules
223.201
Authority
223.202
Limitation on Department Financial Participation
223.203
Process for Entering into Comprehensive Development Agreements
223.204
Confidentiality of Information
223.205
Performance and Payment Security
223.206
Ownership of Highway
223.207
Liability for Private Obligations
223.208
Terms of Private Participation
223.209
Rules, Procedures, and Guidelines Governing Selection and Negotiating Process
223.241
Definitions
223.242
Scope of and Limitations on Contracts
223.243
Use of Engineer or Engineering Firm
223.244
Other Professional Services
223.245
Request for Qualifications
223.246
Request for Proposals
223.247
Negotiation
223.248
Assumption of Risks and Costs
223.249
Stipend Amount for Unsuccessful Proposers
223.250
Performance or Payment Bond
223.2011
Limited Authority for Certain Projects Using Comprehensive Development Agreements
223.2012
North Tarrant Express Project Provisions
223.2013
No Effect on Department Obligations
223.2475
Changes to Design-build Team

Accessed:
Jun. 5, 2024

§ 223.246’s source at texas​.gov