Rep. Marcus C. Evans, Jr.

Filed: 3/8/2019

 

 


 

 


 
10100HB2865ham001LRB101 09899 TAE 56642 a

1
AMENDMENT TO HOUSE BILL 2865

2    AMENDMENT NO. ______. Amend House Bill 2865 on page 8, by
3deleting lines 13 through 15; and
 
4on page 17, by replacing lines 8 through 20 with the following:
 
5    "Section 35. Procedures for selection.
6    (a) The Transportation Agency shall review, evaluate,
7score, and rank proposals and determine which proposal offers
8the best value to the public based on the evaluation criteria
9set forth in the request for proposals. The Transportation
10Agency shall award the contract based on this determination.
11Notwithstanding other provisions of this Section, if for any
12reason the proposer awarded the contract is unable or unwilling
13to execute the contract, including the failure of the proposer
14and the Transportation Agency to successfully complete
15negotiations, if any, of the contract, the Transportation
16Agency may award the contract to the proposer whose proposal

 

 

10100HB2865ham001- 2 -LRB101 09899 TAE 56642 a

1the Transportation Agency determines offers the public the next
2best value.
3    (b) After a proposal has been submitted as provided in
4Section 25, a design-builder shall not replace, remove, or
5otherwise modify any firm identified as a member of the
6proposer team unless:
7        (1) the firm is no longer in business;
8        (2) the firm is unable to fulfill its legal, financial,
9    or business obligations;
10        (3) the firm no longer meets the terms of its agreement
11    with the design-builder;
12        (4) the firm voluntarily removes itself from the
13    proposer team;
14        (5) the firm fails to provide a sufficient number of
15    qualified personnel to fulfill the duties identified in the
16    proposal; or
17        (6) the firm fails to negotiate in good faith, in a
18    timely manner, and in accordance with the provisions
19    established in the agreement with the design-builder.
20    (c) If the design-builder modifies the proposer team, any
21cost savings attributable to the modification shall accrue to
22the Department and not to the design-builder.".