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 160 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.