05/15/2021 01:30 PM Senate TRANSPORTATION

          HB 160-PROCUREMENT; CONSTRUCTION; CONTRACTS                                                                       
                                                                                                                              
1:36:42 PM                                                                                                                    
CHAIR MYERS announced the consideration  of CS FOR HOUSE BILL NO.                                                               
160(TRA)  am, "An  Act relating  to the  state procurement  code;                                                               
establishing   the   construction  manager   general   contractor                                                               
procurement method; and providing for an effective date."                                                                       
                                                                                                                                
CHAIR  MYERS welcomed  Andy Mills  to  highlight the  differences                                                               
between CSHB  160(STA) and  SB 117, the  companion bill  that the                                                               
committee passed several days ago.                                                                                              
                                                                                                                                
1:37:19 PM                                                                                                                    
ANDY MILLS, Special Assistant to  the Commissioner, Department of                                                               
Transportation  and Public  Facilities (DOTPF),  advised that  HB
 is substantively  similar to SB 117, the  companion bill that                                                               
this committee  previously passed from committee.  He highlighted                                                               
the  following differences  in HB  160 that  reflect the  changes                                                               
made in House committees and on the House floor:                                                                                
                                                                                                                                
     Page 1, line 9, following "request for proposals":                                                                         
          Insert: "issued under this paragraph"                                                                                 
                                                                                                                                
MR.  MILLS  advised  that  some   in  the  contracting  community                                                               
requested this change to clarify  that the requests for proposals                                                               
relate to that paragraph:                                                                                                       
                                                                                                                                
     Page 2, line 1:                                                                                                            
          Delete: "exclude price as an evaluation factor"                                                                       
        Insert: "include factors in addition to price as                                                                        
     evaluation factors"                                                                                                        
                                                                                                                                
MR. MILLS  said this  change was the  House floor  amendment. The                                                               
agency  believes it  still allows  the flexibility  needed during                                                               
the  evaluation  portion   of  preconstruction  services.  DOT&PF                                                               
initially  had   that  price   exclusion  language   because  the                                                               
preconstruction services' price is  a relatively small evaluation                                                               
factor  compared to  the  other  criteria. He  added  that it  is                                                               
important  to   understand  that  preconstruction   services  and                                                               
initial services are different from the project's cost.                                                                         
                                                                                                                                
        Page 2, lines 5-6, following "The Department of                                                                         
     Transportation and Public Facilities may award"                                                                            
          Insert: "by competitive sealed proposals"                                                                             
                                                                                                                                
MR. MILLS  explained that the  phrase was relocated  from farther                                                               
down in  the paragraph to clarify  that the first phase  uses the                                                               
competitive  sealed proposal  process  for contractor  selection.                                                               
The  award of  the contract  for the  second phase  was with  the                                                               
selected contractor before negotiations.                                                                                        
                                                                                                                                
1:40:31 PM                                                                                                                    
MR. MILLS pointed out the last change:                                                                                          
                                                                                                                                
     Page 2, line 11:                                                                                                           
          Delete: "shall"                                                                                                       
          Insert: "may"                                                                                                         
                                                                                                                                
MR. MILLS  explained that  "may" is more  often used  in the                                                                    
construction manager  general contractor  (CMGC) contracting                                                                    
method because it helps to  avoid the potential for contract                                                                    
disputes. The  regulations will help specify  the conditions                                                                    
for awarding a contract under negotiations.                                                                                     
                                                                                                                                
CHAIR MYERS found no questions or comments.                                                                                     
                                                                                                                                
1:41:49 PM                                                                                                                    
CHAIR MYERS opened  public testimony on HB 160;  finding none, he                                                               
closed  public  testimony. He  asked  Mr.  Mills  if he  had  any                                                               
closing comments.                                                                                                               
                                                                                                                                
MR.  MILLS  thanked  the  committee  for  hearing  the  bill  and                                                               
explained  that  he  did  not   ask  the  parties  that  provided                                                               
testimony  on the  companion bill  to testify  again today  since                                                               
their testimony was already part of the public record.                                                                          
                                                                                                                                
CHAIR MYERS solicited a motion.                                                                                                 
                                                                                                                                
1:42:51 PM                                                                                                                    
SENATOR  MICCICHE moved  to report  [CSHB 160(TRA)am,  work order                                                               
32-GH1579\B.A,  from  committee with  individual  recommendations                                                               
and attached fiscal note(s)].                                                                                                   
                                                                                                                                
CHAIR MEYERS  found no further  objection and SCS  HB 160(TRA)am,                                                               
was reported from the Senate Transportation Standing Committee.