Is the Construction Manager at Risk required to openly and competitively bid all construction scope?

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Full Question: 

Under Section 10 - Prime-Subcontractor Team Scoring Analysis, Section I of the M/WBE Compliance Guidelines and Forms - Is the Construction Manager at Risk required to openly and competitively bid all construction scope through the Texas government code competitive award process or can the Prime CMAR GC set aside a portion of scope e.g. 5%, 6%, 7%, 8% or higher of the trades (e.g. division 09000, 10000, 16000) subcontracted work to not be openly bid for the teaming partner - allowing the MBE partner to grow capacity with the assurance of a portion of the project from CMAR Prime GC and not at risk of losing scope through an open CMAR bid process.


Per Texas Government Code Section’s 2269.255. PERFORMANCE OF WORK and 2269.256. REVIEW OF BIDS OR PROPOSALS the Dallas ISD and the recommended Construction Manager-at-Risk shall abide by the following:

Texas Government Code Sec. 2269.255. PERFORMANCE OF WORK – 

“(a)  A construction manager-at-risk shall publicly advertise for bids or proposals and receive bids or proposals from trade contractors or subcontractors for the performance of all major elements of the work other than the minor work that may be included in the general conditions.”

“(b) A construction manager-at-risk may seek to perform portions of the work itself if:

(1)  the construction manager-at-risk submits its bid or proposal for those portions of the work in the same manner as all other trade contractors or subcontractors; and

 (2) the governmental entity determines that the construction manager-at-risk's bid or proposal provides the best value for the governmental entity.”

 Texas Government Code Sec. 2269.256.REVIEW OF BIDS OR PROPOSALS -   

“(a)  The construction manager-at-risk shall review all trade contractor or subcontractor bids or proposals in a manner that does not disclose the contents of the bid or proposal during the selection process to a person not employed by the construction manager-at-risk, architect, engineer, or governmental entity.  All bids or proposals shall be made available to the governmental entity on request and to the public after the later of the award of the contract or the seventh day after the date of final selection of bids or proposals. (b)  If the construction manager-at-risk reviews, evaluates, and recommends to the governmental entity a bid or proposal from a trade contractor or subcontractor but the governmental entity requires another bid or proposal to be accepted, the governmental entity shall compensate the construction manager-atrisk by a change in price, time, or guaranteed maximum cost for any additional cost and risk that the construction manager-at-risk incurs because of the governmental entity's requirement that another bid or proposal be accepted.”