HB0621Enacted

Amends TCA Title 7 and Title 12, Chapter 4.

Present law requires that all contracts for architectural and engineering services procured by any municipal corporation, county, state, development district, utility district, human resource agency, or other political subdivision created by statute meet the following requirements:<br /> <br /> (1) In the procurement of these services, the selection committee or procurement official may seek qualifications and experience data from any firm licensed in this state and interview the firm. The selection committee or procurement official must evaluate statements of qualifications and experience data regarding the procurement of architectural and engineering services, and must conduct discussions with the firm regarding the furnishing of required services and then must select the firm deemed to be qualified to provide the services required;<br /> (2) The selection committee or procurement official must negotiate a contract with the qualified firm for architectural and engineering services at compensation which the selection committee or procurement official determines to be fair and reasonable to the government. In making such determination, the selection committee or procurement official must take into account the estimated value of the services to be rendered, the scope of work, complexity and professional nature thereof;<br /> (3) Should the selection committee or procurement official be unable to negotiate a satisfactory contract with the firm considered to be qualified, at a price determined to be fair and reasonable, negotiations continue with other qualified firms until an agreement is reached; and<br /> (4) A city, county or utility district having a satisfactory existing working relationship for architectural or engineering services may expand the scope of the services; provided, that they are within the technical competency of the existing firm, without exercising the requirements of (1) - (4).<br /> <br /> This bill expands the requirements of (1) - (4) above to all contracts for surveying services procured by any municipal corporation, county, state, development district, utility district, human resource agency, or other political subdivision created by statute.<br /> <br /> Under present law, for construction of local projects or additions to existing buildings, a county, city, metropolitan government, or town may contract for construction management agent or advisor services or construction manager at-risk services. Construction management agent or advisor services or construction manager at-risk services for the construction of local projects or additions to existing buildings may be performed by, among others, a licensed general contractor. However, a licensed general contractor is prohibited from performing normal architectural and engineering services, unless the contractor is licensed as an architect or engineer. <br /> <br /> This bill expands the above-described provision to apply to surveying services, in addition to architect and engineering services.<br /> <br /> ON APRIL 15, 2019, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 621, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to authorize a city or county to procure surveying services by the means described in (1)-(4) of the bill summary.<br /> <br />

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Overview

Present law requires that all contracts for architectural and engineering services procured by any municipal corporation, county, state, development district, utility district, human resource agency, or other political subdivision created by statute meet the following requirements:<br /> <br /> (1) In the procurement of these services, the selection committee or procurement official may seek qualifications and experience data from any firm licensed in this state and interview the firm. The selection committee or procurement official must evaluate statements of qualifications and experience data regarding the procurement of architectural and engineering services, and must conduct discussions with the firm regarding the furnishing of required services and then must select the firm deemed to be qualified to provide the services required;<br /> (2) The selection committee or procurement official must negotiate a contract with the qualified firm for architectural and engineering services at compensation which the selection committee or procurement official determines to be fair and reasonable to the government. In making such determination, the selection committee or procurement official must take into account the estimated value of the services to be rendered, the scope of work, complexity and professional nature thereof;<br /> (3) Should the selection committee or procurement official be unable to negotiate a satisfactory contract with the firm considered to be qualified, at a price determined to be fair and reasonable, negotiations continue with other qualified firms until an agreement is reached; and<br /> (4) A city, county or utility district having a satisfactory existing working relationship for architectural or engineering services may expand the scope of the services; provided, that they are within the technical competency of the existing firm, without exercising the requirements of (1) - (4).<br /> <br /> This bill expands the requirements of (1) - (4) above to all contracts for surveying services procured by any municipal corporation, county, state, development district, utility district, human resource agency, or other political subdivision created by statute.<br /> <br /> Under present law, for construction of local projects or additions to existing buildings, a county, city, metropolitan government, or town may contract for construction management agent or advisor services or construction manager at-risk services. Construction management agent or advisor services or construction manager at-risk services for the construction of local projects or additions to existing buildings may be performed by, among others, a licensed general contractor. However, a licensed general contractor is prohibited from performing normal architectural and engineering services, unless the contractor is licensed as an architect or engineer. <br /> <br /> This bill expands the above-described provision to apply to surveying services, in addition to architect and engineering services.<br /> <br /> ON APRIL 15, 2019, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 621, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to authorize a city or county to procure surveying services by the means described in (1)-(4) of the bill summary.<br /> <br />

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Sponsor

Hulsey, Bud

Details
Session

111th General Assembly

Introduced

February 4, 2019

Last Action

May 15, 2019

Pub. Ch. 338

Subjects
Public ContractsLocal Government, General

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HB0621: Amends TCA Title 7 and Title 12, Chapter 4. | LegisGo