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1. Construction Contracting for Institutions of Higher Education and Public School Districts
2. S.B. 583
3. Life After S.B. 583 - Proposed Changes
4. Suggested Ethical Conduct Guidelines for Procurements Using Competitive Sealed Proposals
5. Solicitation Tips and Procedures

Attachments

• A - Comparison of Traditional and Alternative Project Delivery Methods
• B -- Working Draft of Possible Changes to S.B. 583 to be introduced in 76th Legislature
• C -- Pending Regents' Rules Changes
• D -- Sample Request for Qualifications - Design-Build
• E -- Sample Request for Proposals - CM at Risk
• F -- Public Agency Construction Contracting Checklist
• G - Guaranteed Energy Savings Contracts for Institutions of Higher Education

The 75th Legislature authorized sweeping changes to the construction contracting authority of public school districts and institutions of higher education which became effective September 1, 1997. This effort came about because of a desire to clarify certain changes which were made to public school contracting authority in S.B. 1 in the 74th Legislature. Public school districts had been authorized to contract for best value using competitive bidding, competitive sealed proposals, a request for proposals, catalogue purchase, interlocal contract, and design/build contract. Education Code § 44.031 (prior to amendment effective September 1, 1997). The statutory language mixed procurement methods (competitive bidding, competitive sealed proposals) with project delivery methods (design/build). For example, a district might use a request for proposals to solicit a competitive sealed proposal for awarding a design/build contract. None of those terms were defined. What is design/build contracting? How should a design/build contract be procured? How are competitive sealed proposals handled and processed to ensure fairness? Because of this vagueness, subsequent Texas Attorney General opinions served to greatly narrow the intended scope of S.B. 1. See Op. Tex. Att'y Gen. No. DM-387 (1996). Consequently, the construction industry began an effort in 1996 to re-write the statute so as to provide guidance on what the different project delivery methods are, and how to procure them on a step-by-step basis. In the meantime it had become apparent to The University of Texas System that construction contracting authority which was more in line with the construction marketplace which had evolved over the past 30 years would be highly beneficial to U.T.'s ability to deliver quality projects, in budget, on time, and with a minimum of claims and lawsuits. Accordingly, U.T. participated in an advisory role in shaping the legislation which became S.B. 583 and which was expanded to include higher education.

This paper and attachments thereto are not intended to provide specific legal advice for any specific situation. They are intended as general information only. Legal advice can be provided only in the course of an attorney-client relationship with reference to all the facts of a specific situation. This information, therefore, must not be relied on as a substitute for obtaining legal advice from a licensed attorney.

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