Texas Gov Law · Procurement 2269

Texas Government Code 2269 procurement counsel for cities, counties, and special districts.

Construction Manager at Risk, design-build, and job-order contracting under Government Code Chapter 2269. Solicitation drafting, evaluation counsel, contract negotiation, and protest response. Austin, San Antonio, and statewide Texas.

Government Code Chapter 2269 governs alternative project delivery methods for Texas public construction. The statute is specific. The selection process is specific. The documentation is specific. Public bodies that procure without disciplined counsel produce solicitations that lose at protest, contracts that bleed change orders, and audit findings that follow the project for years.

When Texas public bodies bring us in on a 2269 procurement

A Construction Manager at Risk or design-build solicitation is being assembled and the body wants the request documents, selection criteria, and evaluation rubric drafted to withstand protest.
An evaluation committee is about to score responses and the body wants counsel on the statutory selection criteria and the documentation that has to follow each scoring decision.
A losing offeror has filed a protest and the body needs to respond within the protest window with a defensible record.
A negotiated contract is heading to the council, commissioners court, or board for approval and the body wants the change-order risk limited before the first invoice arrives.
A prior procurement has surfaced an audit finding and the body wants a remediation framework for the next solicitation cycle.

What a 2269 engagement covers

The work is sequenced to the procurement calendar. Pre-solicitation, we draft the request documents, the statutory selection criteria, the qualifications-based or best-value evaluation rubric, the Open Meetings Act notice language for the selection sessions, and the timeline. During solicitation, we counsel the evaluation committee on the documentation required to support each scoring decision and on the boundary between competitive negotiation and prohibited communications. Post-selection, we negotiate the contract with the chosen firm, structuring change-order procedures, contingency mechanics, liquidated damages, performance and payment bond requirements, and indemnification to protect the body's position over the life of the project.

If a protest is filed at any stage, we respond inside the statutory window with a record that names the specific statutory authority for every contested decision and the documentation that supports it. Most protests resolve at the body level without proceeding further when the record is clean.

Cost framing

Procurement engagements are scoped to the project. A single Construction Manager at Risk solicitation through contract execution is a fixed-fee engagement. A multi-project rolling counsel engagement runs on retainer. Protest response is scoped separately because the timeline is statutory and the work compresses into a tight window. The fee is small relative to the construction project's value and small relative to the cost of losing a protest or absorbing a change-order overrun the contract should have addressed.

Related practice

Procurement counsel is part of our broader Government & Municipal Law practice. Most procurement matters intersect with Open Meetings Act and Public Information Act questions during the selection cycle.

If your Texas public body is assembling a 2269 solicitation, responding to a protest, or trying to close out a contract that has grown unwieldy, the consultation is complimentary.

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