Amend Floor Amendment No. 90 by Phillips (page 91 of the prefiled amendment packet, draft number 82R25237) by adding a new SECTION, appropriately numbered, to read as follows:
SECTION ____. Section 223.203, Transportation Code, is amended by amending Subsections (g), and adding Subsections (f-2), (l-1), (l-2), (p), and (q) to read as follows:
(f-2) A private entity responding to a request for detailed proposals issued under Subsection (f) must identify:
(1) companies that will fill key project roles, including project management, lead design firm, quality control management, and quality assurance management; and
(2) entities that will serve as key task leaders for geotechnical, hydraulics and hydrology, structural, environmental, utility, and right-of-way issues.
(g) In issuing a request for detailed proposals under Subsection (f), the department may solicit input from entities qualified under Subsection (e) or any other person. The department may also solicit input regarding alternative technical concepts after issuing a request under Subsection (f). A technical solution presented with a proposal must be fully responsive to, and have demonstrated resources to be able to fulfill, all technical requirements for the project, including specified quality assurance and quality control program requirements, safety program requirements, and environmental program requirements. A proposal that includes a technical solution that does not meet those requirements is ineligible for further consideration.
(l-1) A private entity selected for a comprehensive development agreement may not make changes to the companies or entities identified under Subsection (f-2) unless the original company or entity:
(1) is no longer in business, is unable to fulfill its legal, financial, or business obligations, or can no longer meet the terms of the teaming agreement with the private entity;
(2) voluntarily removes itself from the team;
(3) fails to provide a sufficient number of qualified personnel to fulfill the duties identified during the proposal stage; or
(4) fails to negotiate in good faith in a timely manner in accordance with provisions established in the teaming agreement proposed for the project.
(l-2) If the private entity makes team changes in violation of Subsection (1), any cost savings resulting from the change accrue to the state and not to the private entity.
(p) All teaming agreements and subconsultant agreements must be executed and provided to the department before the execution of the comprehensive development agreement.