| State | Design-Build and Public Procurement Laws | Comments | Design-Build Licensing Requirements |
| AK | • Design-Build is authorized for all state agencies. (Ak. Stat. § 36.30.200) • Negotiation may be used on design-build contracts. Best value, two-phase and low big may be used as methods as a basis for award. (2 AAC 12 943) • The procurement officer may conduct a design-build procurement process only if the commissioner of transportation and public facilities determines in writing that it is advantageous to the state. (2 AAC 12 933) | DOT Procurement Process-competitive sealed proposals if appropriate findings are made; otherwise, competitive sealed bids. (AK. Stat. § 36.30.200) | If the work performed on a design-build project is designed by a licensed professional architect, engineer, or landscape architect. The contractor does not need a license. AS § 08.48.281, AS §08.48.331 |
| AL | • The Alabama Toll Road, Bridge and Tunnel Authority have full authority to enter into design-build, design-build-own, design-build-own-operate, or design-build-own-operate-maintain contracts. Best Value or QBS selection is authorized on these contracts. (Al Code §23-2-145) | DOT Procurement Process-May be evaluated and awarded by Authority based on qualifications of participants or best value or both taking into consideration the best interest of the state. (Al. Code § 23-2-145) | Architects and Engineers cannot practice in Alabama without a license. Ala. Code §§ 34-2-31 and 34-2-33 for architects; Ala. Code §§ 34-11-2 and 34-11 -4 for engineers. |
| AR | • The Arkansas DOT has authorization to use design-build for two pilot projects, costing more than $50 million, funded by state highway revenues; there is no limitation if funding comes from other sources. (Ark. Stat. Ann. § 27-67-206) • Municipalities and sanitation authorities are authorized to enter into design-build-operate- maintenance contracts for water, waste water, storm water, treatment systems or any combination. (Ark. Stat. Ann. § 22-9-203) • Any school district may use design-build construction as a project delivery method for building, altering, repairing, improving, maintaining, or demolishing any structure, or any improvement to real property owned by the school district. (Ark. Stat. Ann. §19-11 -807). • Design-build projects are awarded on qualification basis that offers the best value to the state. (Ark. Stat. Ann. § 27-67-206) | DOT Procurement Process-To be established by the Commission; award "on a qualification basis that offers the greatest value for the state". (A.C.A. § 27-67-206) | Licensing requirements for design-build contracting are not expressly stated, a license is required to perform all functions of architect or engineer. Ark. Stat. Ann. §§17-15-301 (architects) Ark. Stat. Ann §§ 17-30-301 (engineers) |
| AZ | • Design-Build is authorized for all State agencies and school districts ( Ariz. Rev. Stat. § 34-602 & Ariz. Rev. Stat. § 41-2582) Design-build, design-build-maintain, design-build-operate-maintain, or design-build-finance-operate-maintain agreements are permitted for Public Private Partnerships on transportation projects. (Ariz. Rev. Stat. § 28-7703) • The following delivery methods are authorized on Public Projects design-bid-build, construction-manager-at-risk, design-build and job-order-contracting. Design-build, construction-manager-at-risk, or job-order-contracts may be awarded using best value or qualifications based. (Ariz. Rev. Stat. § 41-2582) The Arizona Board of Regents has the discretion to use its own procurement methods and has authorized the use of design-build. (Ariz. Rev. Stat. § 41-2582) The state board of education shall adopt rules authorizing school districts to procure construction services by construction-manager-at-risk, design-build, qualified select bidders list and job-order-contracting methods of project delivery. (Ariz. Rev. Stat. § 15-213) • Local governments have the discretion to adopt their own procurement methods. (Ariz. Rev. Stat. § 34-602, A.R.S. § 34-102-103,) | QBS Design-build is authorized DOT Procurement Process-Two-phase process: pre-qualification then proposal; award is to lowest score when price is divided by technical score; time valued adjustments may be made to score. Ariz. Rev. Stat. §§ 28-7363 - 28-7365 | The Contractors performing design-build or job-order-contracting construction services are required to be licensed as contractors Ariz. Rev. Stat. §§ 28-7363 - 28-7365 Chapter 1 Engineers and architects must be licensed to perform design services Ariz. Rev. Stat. Title 32. |
| CA | • Transportation- allows Public Private Partnerships in transportation projects. • DOT may use design-build on up to 12 transportation projects through 2010. Local Agencies with design-build statutes: • Cities- Sunset date: January 1, 2016- Buildings and related improvements exceeding $1 million. (PCC§ 20175.2) • Cities, counties and special districts- Sunset Date: January 1, 2020- Regional and local wastewater treatment facilities, solid waste facilities, and water recycling facilities exceeding $2.5 million; limit 20. (PCC § 20193 EDC § 81700) • Community college districts- Sunset date: Jan 1, 2014- Community College facilities exceeding $2.5 million. (EDC § 81700, et. seq.) • Counties- Sunset date: Jan 1, 2014- Buildings and related improvements and county sanitation wastewater treatment facilities exceeding $2.5 million. (PCC § 20133) • Orange County Sanitation District- Sunset date: Jan 1, 2013- Projects, including public wastewater facilities exceeding $6 million. (PCC § 20785) • Redevelopment Agency- Sunset date: Jan 1, 2016- Public improvement projects exceeding $1 million; limit 10. ( • Santa Clara Valley Transportation Authority- Sunset date: None- Transit center or station, transit park-and-ride lot, bus and light rail maintenance facility, office building, and the Fremon-South Bay Commuter Rail Project. (PCC § 20301.5) • Santa Clara Valley Water District- Sunset date: Jan 1, 2011 - Projects exceeding $2.5 million. (PCC § 21162) • School Districts- Sunset date: Jan 1, 2011 - Projects exceeding $2.5 million. (EDC § 17250.10) • Sonoma County Health Care District- Sunset date: Jan 1, 2011- Buildings and improvements directly related to a Sonoma County Health Care District hospital or health facility building exceeding $2.5 million. ( • Transit Operators- Sunset date: Jan 1, 2015- Capital maintenance or capacity-enhancing rail projects exceeding $25 million and non-rail transit projects exceeding $2.5 million. (PCC § 20209.5) |
DOT Procurement Process-Three step procurement process: RFP (including competitive sealed proposals), prequalification requirements, selection; for non-rail transit projects that exceed $2.5 million, the transit operator may award the project to the lowest bidder or by using best value method; in no case may the transit operator award a contract to a design-build entity pursuant to the authority granted under the Public Contract Code for a capital maintenance or capacity-enhancing rail project unless that project exceeds $25 million in cost; no cost threshold for acquisition and installation of technology applications or surveillance equipment.
| B&P Code § 5537.2 CPCC § 10708-Design work performed on a design-build project shall be prepared and signed by a properly certified architect. A design-build contractor cannot perform design services unless those services are performed by or under the direct supervision of a person licensed to practice architecture or a professional or licensed civil engineer.
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| CO | All state agencies are authorized to use any project delivery method, including, design-build, construction management and integrated project delivery when it is in the best interests of the state. (CRS § 24.101-103.203) • The Colorado Department of Transportation is authorized to use design-build on transportation projects. (C.R.S. 43-1-1403) Any agency is authorized to use Integrated Project Delivery (C.R.S 30-20-104) • The state and local governments are authorized to enter into Public Private Partnerships for the construction of transportation projects using design-build. (C.R.S. 43-1-102) | QBS design-build is authorized Colorado is the only state that has codified and authorized Integrated Project Delivery on public projects. DOT Procurement Process: Two-phase "adjusted score" process; shortlist followed by proposals; preference allowed to Colorado residents (suspended if it would cause denial of federal funds); award to proposal providing best value to department. (C.R.S. 43-1-1401) | Architects or engineers involved performing services on design-build projects must be licensed. |
| CT | • At the municipal level, cities and towns have discretion as to procurement. • Design-build is authorized for state agencies with legislative authorization for build construction and renovations. (CGSA §§ 4b-91) • The State Board of Education through a pilot program is authorized to use design-build on two projects per year. (CGSA §§ 10-285F) • Design-Build is not authorized by the DOT. | All project plans and specifications for buildings and structures must be stamped with the seal of a licensed architect) CGSA § 20-306b, CGSA §§ 20-293 and 20-298 - A design-build firm must have the design-work performed by a licensed contractor. | |
| DC | • The following project delivery methods are authorized for procurements within the scope of this subchapter: (1) Architectural and engineering services; (2) Construction management; (3) Construction management at risk; (4) Design-bid-build; (5) Design-build; (6) Design-build-finance-operate-maintain; (7) Design-build-operate-maintain; and (8) Operations and maintenance. Design-build is authorized for the construction and renovation of public works projects. Both best value and qualification. (D.C. Code§ 2-356.01) | ||
| DE | • The design-build is authorized for the Delaware Transportation Department for 12 transportation infrastructure projects as part of a pilot program. (2011 Del. ALS 76) • All provisions of the procurement statute may be waived to meet the critical needs in an emergency or where it is determined to be in the best interest of the Agency. (29 Del. C. § 6963, 29 Del. C. § 6907) • Design-build is authorized by the state with legislative approval. | Projects are authorized on a project-specific basis i.e. SB 190 for Kent County Courthouse- 2009 | Design services must be performed by a licensed architect or engineer. |
| FL | • All state agencies are authorized to use design-build using the best value or qualification based selection to award the contracts (FL § 287.055). • Counties, municipalities and other political subdivisions of the state are authorized to use design-build contracts as permitted by local ordinance agency. Local government bodies may use best value or qualifications-based selection to award such contracts or perform a qualifications-based selection process. (FL § 255.20) • FDOT has a goal of 25% of its projects delivered using design-build by 2014. (FL. § 337.11) • The Florida Statewide Passenger Rail Commission is authorized to use design-build. (FL. §341.301) | DOT Procurement Process-Governed by rules adopted by DOT (which must include prequalification requirements, public announcement procedures, short-listing criteria, proposal requirements). | General contractors who are certified or registered are not required to be licensed as an architect or engineer when negotiating or performing services under a design-build contract as long as the architectural or engineering services performed in the contract are offered and rendered by a licensed architect or engineer. FL. St. Title XXXII Ch. 481, § 481.229; Fl. St. Title XXXII, Ch. 471, § 471.003; FL. St. Title XIX, Ch. 287, § 287.055 |
| GA | • Georgia Department of Transportation is authorized to use the design-build procedure for buildings, bridges and approaches, rail corridors, and limited or controlled access projects or projects that may be constructed within existing rights of way where the scope of work can be clearly defined or when a significant savings in project delivery time can be attained. • In contracting for design-build projects, the department shall be limited to contracting for no more than 30 percent of the total amount of construction projects awarded in the previous fiscal year. After July 1, 2014, in contracting for design-build projects, the department shall be limited to contracting for no more than 15 percent of the total amount of construction projects awarded in the previous fiscal year. (O.C.G.A. § 32-2-81) • The GDOT is authorized to solicit, receive, consider, evaluate and accept a proposal for a public-private initiative. Such proposals must be in compliance with all of the requirements of O.C.G. A. § 32-2-79. Where the scope of work can be clearly defined or there is a significant savings in delivery time design-build contracts may be used on GDOT projects including buildings, bridges, approaches and rail corridors. (O.C.G.A. § 32-2- 78-80) • Local governments are authorized to use design-build. (O.C.G.A. § 36-91 -2) | DOT Procurement Process: Governed by the rules of adopted by DOT (which must include short listing and price proposal phrases); DOT to select the lowest qualified bidder; in contracting for design- | Design-builders are not required to hold an architect or engineer's license, provided that all design services are performed by an architect or engineer that is licensed and registered. O.C.G.A. §43-4-14 |
| HI | • All state agencies and counties have discretion in choosing their project delivery methods and design-build has been used on public projects. (HRS §§ 103D-303) • Design-build is authorized for state educational facilities including the University of Hawaii. (HR 304A-2691) | DOT Procurement Process: Allows discussions with offerors within competitive range; award to most advantageous offer | No license is required for Architects or Engineers on design-build projects. |
| IA | • The state armory board is authorized to use design-build. No state statutes permit or prohibit design-build contracts. (IA Code § 29A.57) • Cities contracts relating to public utilities or extensions or improvements thereof, may be awarded by the governing body at it deems to be in the best interests of the city. (Iowa Code § 26.9) | ||
| ID | • The director of the department of administration, or his designee, is authorized and empowered, subject to the approval of the permanent building fund council, to employ the use of the design-build method of construction in the letting of any and all contracts for the construction, alteration, equipping, furnishing and repair of any and all buildings, improvements, or other public works of the state of Idaho. (Idaho Code §67-5711 A) • No more than twenty percent (20%) of the DOT's annual highway construction budget for the state transportation improvement program shall be used for design-build and construction manager/general contractor contracts combined. No less than thirty percent (30%) of any design-build contract awarded shall be self-performed by the design-build firm awarded such contract. (Idaho Code § 40-904) • The design-build method of construction may be employed by public officials in contracts for the construction, repair, or improvement of public works, public buildings, public places or other work. (Idaho Code § 67-2309) | Contractors must be licensed with the Public Works Contractors State License Board to perform work on public projects. Idaho Code § 54-1902 - 1904 Architects and civil engineers are required to have a license do perform design services. Idaho Code §54-1903(h). | |
| IL | • In general, all state agencies, counties, townships, and municipalities are required to use competitive bidding procedures when awarding public contracts, unless the procurement is expressly exempt by statute. Some Local governments are authorized to use design-build. • Public Building Commission projects may use design-build. (50 ILCS § 20/2.5). • Chicago Park District authorized to use design-build. (70 ILCS 1505/26.10-8) • Regional Transportation Authorities are authorized to use design-build. (70 ILCS § 3615/4.06) • State Universities are authorized to use design-build for energy conservation projects. (110 ILCS 62/5-10) • North Shore Sanitary District is authorized to use design-build. • Capital Development Board may be allowed to use the design-build delivery method for public projects. (30 ILCS §§ 537/5) | DOT Procurement Process: Projects for the Public Building Commission and Capital Development Board must use a 2-phase evaluation; shortlist based on qualifications them proposals; award based on technical criteria and cost. | Design-builders are not required to register as a design-firm, architects and engineers are required to be registered in order to perform design services. 225 ILCS § 305 (architects) 225 ILCS § 325 (engineers) |
| IN | • Localities, public education, and state agencies (except transportation) may use the design-build project delivery method. (Ind. Code Ann. § 5-30-2-1 et seq) • Before entering into a design-build contract for a public project, the public agency must adopt a resolution authorizing the use of design-build for the public project. (Burns Ind. Code Ann. § 5-30-5-6) • The Indiana DOT does use low bid design-build. (Burns Ind. Code Ann. § 8-23-9-4) | Design-builders must be licensed, registered, certified or otherwise qualified or employ persons or have as members of team persons who are licensed, registered, certified, or otherwise qualified. | |
| KS | • The Kansas Alternative Delivery Building Construction Procurement Act authorized the use of design-build on county and state construction projects. The design-build alternative delivery process may not be used for designing, constructing, altering or repairing a public highway, road, bridge, dam, turnpike or related structures or stand-alone parking lots. Except a project selected as part design-build pilot program. (Kan. Stat. § § 75-37, 145) • The construction management at risk project delivery method is authorized on certain research projects under the jurisdiction of the state university board of regents. (Kan. Stat. § 76-786) • The board shall determine the scope and level of detail required to permit qualified firms to submit building design-build qualifications and proposals in accordance with the board requirements given the nature of the project. (K.S.A. § 19-216f) | DOT Procurement Process-Multi-phase evaluation process | There is no statute requiring a design-builder to hold either an Architect's or Engineer's License. |
| KY | • All state agencies and political subdivision are authorized to use the design-build, design- bid-build and construction management-at-risk project delivery methods for capital projects. (KRS §§ 45A.180) • All local governments are authorized to use design-build using best value selection. • A selection committee's procedures will be applied when capital project are constructed utilizing the design-build method. (KRS §§ 45A.182) • Authorizes use of a design-build finance capital projects delivery method by the Finance and Administration Cabinet when a written funding is approved by the Governor. Design- build-lease projects are permissible Pursuant to KRS § 176.080 highway projects are | DOT Procurement Process-Multi-phase selection process based on qualifications, experience, technical requirements, guaranteed maximum price and other criteria set forth in the request for proposals. | All engineering design work must be performed by an engineer registered with the Commonwealth. KRS §§ 322.010
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| LA | • All state agencies are authorized to utilize design-build subject to legislative approval. (La. Rev. Stat. §33.2740.70; La. Rev. Stat. §33.2740.27) • Design-build is authorized until July 10, 2012 for the construction or repair of any public building or structure that has been destroyed or damaged by Hurricanes Katrina or Rita. Authorized entities include Cities of New Orleans and Slidell and Parishes of Calcasieu, Cameron, Jefferson, Orleans, Plaquemines, St. Bernard, St. Tammany and Vermillion, the Port of New Orleans, the division of administration and the Recovery School District. (La. Rev. Stat § 38:2225.2.1; La. Rev. Stat § 38:2225.2.2; La. Rev. Stat. §§ 29:42; 38:85) • Design-build is authorized for Jefferson Parish for flood control and hurricane protection projects, Algiers and Gentilly Development Districts for public improvements and facilities. (La. Rev. Stat § 38:85) • if the secretary determines it is in the best interest of the taxpayers, the Department of Transportation and Development, with approval of the House and Senate transportation, highways, and public works committees, may use design-build on highways, bridges and interchanges. (La. Rev. Stat. 48:250.2) | DOT Procurement Process: Two-phase selection process; DOT will identify the specific requirements for the second phase depending on the complexity of the project; the selection method uses an adjusted score determined by three components: (1) technical score; (2) time value; and (3) the price proposal. DOT must submit any project selected for design-build to the House and Senate Transportation, Highways and Public Works Committees for approval. |
Design-builders must be licensed with the state. Architects and engineers performing design work must be licensed.
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| MA | • State agencies are authorized to use design-build for the construction, reconstruction, alteration, remodeling or repair of any public works project in excess of $5,000,000 (ALM GL 149 §14) • DOT Is Authorized to use Design-Build, Design-Build-Finance-Operate-Maintain, Design- Build-Finance-Maintain, and Design-Build-Operate-Maintain. (ALM GL 6c § 63) • Local governments have the discretion to use design-build where it is permitted by ordinance. | DOT Procurement Process: Pre -qualification, request for proposals, possibly oral presentation; award to developer who best meets the selection criteria for the benefit of the Commonwealth; selection of other than lowest-overall-cost is allowed if a written explanation of the reasons is given. | Design-builders are not required to hold an Architect's or Engineer's license. |
| MD | • Maryland law authorizes the use of design-build contracts on public work projects. (Md. Code Ann. State Fin. & Proc. § 3-602). • Design-build is authorized on Washington Suburban Sanitary District projects. (Md. Code Ann. Art.§ 20-104) • Design-build and Public Private Partnerships are permitted on elementary and secondary schools. (Md. EDUCATION Code Ann. § 4-126) • Maryland law promotes minority business enterprise in design/build and construction contracts. (Md. PUBLIC UTILITIES Code Ann. § 20-203) | DOT Procurement Process: Competitive sealed proposal process allows best value selection; award must be advantageous to the state, considering price and other evaluation factors set forth in the request for proposals. (Md. STATE FINANCE AND PROCUREMENT Code Ann. § 13-103) | General contractors are not specifically required to hold an engineer's or architect license, if the design services are performed by a licensed engineer or architect. |
| ME | • Design-build is authorized for all state agencies for any public improvement subject to approval by the Office for Administration and Finance. (5 M.R.S.A. § 1743 ) • Allows design-build for locally funded school projects, (2011 Me. HP 413) | DOT Procurement Process-Low-bid award or best-value award. If best value is used, award should be submitted to the department in two components-technical and sealed price proposal. (23 M.R.S.A. §4244) | Engineer and architects performing design services must be registered design professionals. 5 M.R.S.A. § 1743-B
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| Ml | • Each contracting entity in the state, whether local or state is required to award the contract through competitive bidding but the discretion to choose the method. (MCL § § 18.1240 -1250) | Award by means other than competitive bidding is allowed if Department affirmatively finds that it is in the public interest; Department must report these findings to the State Transportation Commission and Appropriations Committees. Michigan laws are quite vague and give agencies discretion in procurement. | All architects and engineers must be licensed to perform design-services.
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| MN | • All state agencies are authorized to use design-build. (MSA§§ 383B.158 - 383B.1585) • The University of Minnesota may use design-build on projects with an estimated cost greater than $2 million. MSA - 4 16.C.33; §§16.B.31) • The Minnesota State Colleges and Universities System are authorized to use design-build. (MSA-4 16.C.33;§§16.B.31) • Metropolitan Council is authorized to use design-build. (Minn. Stat. § 473.3995) • Counties and Cities may use design-build on up to 10 transportation projects as part of a pilot program. • The Metropolitan Sports Commission is authorized to use design-build • Hennepin and Ramsey counties are authorized to use design-build. • State agencies, the Metropolitan Sports Commission, Board of Regents and State College and University System are authorized to you use CM@ Risk. • Metropolitan counties are authorized to use CM@Risk on Solid Waste Facilities | DOT Procurement Process: DOT authorized to procure design-build contracts using either a two-step best value selection process or a low bid process; light rail contracts may be awarded on the basis of the RFQ or RFP without bids; trunk highways may be awarded by a best value selection process; Commissioner shall submit a list of executed design-build contracts to the Governor each year. (MSA §§161.3410-161.3428) | Design-builder is required to employ or have as a partner, member, officer, co-venture, or subcontractor, a person duly licensed and registered to provide design services on contracts with the Department of Transportation. However, the design-builder is permitted to enter into a contract where it is not licensed, so long as the design-builder provides those services through duly licensed subcontractors. MSA § 161.3418 |
| MO | • The Commissioner of Administration is authorized to enter into a contract with a developer for the design and construction of a minimum security correctional facility in any city located within at least four counties. Selection is to be made on the basis of lowest and best proposal based on pre-established criteria. (Mo. Rev. Stat $ 221.5001 • The DOT is authorized to use DB on up to 2% of its projects. (Mo. Rev. Stat § 227.107 (DOT) • Missouri State Transportation Commission's design-build authority extends from 2012- 2018 on the construction/reconstruction of the US 40/6a, I-64 bridge. Metropolitan (St. Louis/St. Louis County) sewer districts are authorized to use design-build for projects that exceed $1 million.—SB 173/HB 430 | DOT Procurement Process-Two-phase proposal process; first phase is short-list; second phase is based on evaluation of price and technical proposal; oral portions of presentations are allowed. (Mo. Rev. Stat §227.107 (DOT)) | Design-build contractor are not required to hold a certificate of registration/authority if the architectural, engineering, or land surveying services are performed by individuals holding such certificates. Mo. Rev. Stat § 327.465 |
| MS | • State agencies are authorized to use design-build method or the dual-phase design-build method of contracting for capital construction projects when specifically with legislative approval. For design-build to be used, the state must determine that using the dual-phase design-build method for a particular project satisfies the public need better than the traditional design-bid-build method based on the following criteria: (a) the project provides a savings in time or cost over traditional methods; and (b) the size and type of the project is suitable for design-build. Agencies allowed to use design-build are: DOT, State Institutions of Higher Learning, State Port Authorities, Airport Authority and Department of Finance and Administration. (Miss. Code Ann. §§ 31-7-13.1, 31-11-3(9)) • The board or State Port Authority, in its discretion, may use the design- build method of contracting for the renovation, repair and/or making of other improvements to not more than one (1) freezer and related equipment and/or facilities at the State Port at Gulfport, Mississippi. (Miss. Code Ann. § 59-5-37(3)) • Design-build may be utilized for privately financed projects on state universities. The requirements in § 31-7-13.1 apply. Board of Trustees of State Institutions of Higher Learning may authorize design-build if they make the determination that it is in the best interest of the public to enter into a design-build contract. (Miss. Code Ann. §37-101-44) • Performance and payment bonds required when using design-build or construction manager at risk methods of project delivery. (Miss. Code Ann. §§ 31 - 5-52,31-7-13.2) • The DOT is authorized to use design-build for the following: (i) projects for the Mississippi Development Authority pursuant to agreements between both governmental entities (ii) any project with an estimated cost of not more than $10 million, not to exceed two projects per fiscal year (iii) any project which has an estimated cost of more than $50 million, not to exceed 1 project per fiscal year. (Miss. Code Ann. § 65-1-85(11)) | DOT Procurement Process: DOT shall establish detailed criteria for the selection of the design-build contractor; for each project DOT must file a report with the Legislature evaluating the design-build method of contracting by comparing it to the low-bid method. . (Miss. Code Ann. § 65-1-85(11))
| Architects and engineering firm must be registered in Mississippi and design-builders must be properly licensed in Mississippi, to perform the work required. On DOT projects, the term "design-build method of contracting means a contract that combines the design and construction phases of a project into a single contract, and contractors are required to satisfactorily perform both the design and construction of the project. Miss. Code Ann. §§ 31-7-13.1 and 65-1-85 |
| MT | • Alternative project delivery contracts (design-build, construction management and contractor management) are authorized for state, county, municipal construction projects, airports, counties, and sewer districts. (MCA § 18-2-501 -503) • Design-build is authorized for DOT contracts. (MCA § 60-2-111-112; 60-2-137) | DOT Procurement Process: two-phase proposal process; first phase involves evaluation of qualifications and second phase involves evaluation of technical and price proposals. | On projects using alternative project delivery contracts the architectural and engineering services must be performed by a professional in those fields. MCA§ 18-2-503,60-2-137 |
| NC | • Design-build is authorized as an alternative constructing method on state, county and municipal projects. (NCGS §§143-128) • The DOT is authorized to award 25 design-build projects each fiscal year. (NCGS §§136- 28-11) • Turnpike Authority may use alternative procurement process if conditions are met. (NCGS. §136-89.194) • North Carolina permits CM at Risk. (NCGS §§143-128.1) | DOT Procurement Process: None itemized. DOT statute requires DOT determination that delivery of the projects must be expedited and that it is not in the public interest to comply with normal design and construction contracting procedures. DOT is specifically authorized to use design-build on Accelerated Pilot Toll Bridge Project and on the terbert C. Bonner Bridge Replacement Project. (NCGS. §136-89). | Architects and engineers must be licensed to perform design services.
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| ND | • The DOT is authorized to use design-build on one signal light and one box culvert project. (NDCC 24-02-47) • The state water Commission is authorized to use design-build for construction of the Devils Lake Outlet. (NDCC 61-02-23.2) • Municipalities and political subdivisions are authorized to combine price and technical evaluation selection process. They must choose the lowest and best bid. NDCC 44-08-01.1 | The Design-build firm is not required to be licensed if the subcontractor performing the work is licensed. | |
| NE | • All political subdivisions (cities, counties, school districts, state and community colleges, airports and sewer districts) are authorized to use design-build using best value or qualifications based selection for all projects except: roads, streets, highways, water or utility projects. (Neb. Rev. Stat. §§ 13-2908; Neb. Rev Stat .§§ 13-2903) | Neb. Rev. Stat. §81-3449 An organization may offer architectural and/or engineering services combined with construction services if: (a) An architect or person otherwise permitted under subdivision (11) of this section to offer architectural services participates substantially in all material aspects of the offering; (b) There is written disclosure at the time of the offering that an architect is engaged by and contractually responsible to such organization; (c) Such organization agrees that the architect will have direct supervision of the work and that such architect's services will not be terminated without the consent of the person engaging the organization; and (d) The rendering of architectural services by such architect will conform to the Engineers and Architects Regulation Act and the rules and regulations; construction services only if, among other things, an architect and/or engineer licensed to practice in Nebraska participates substantially in the aspects of the offering that involves architectural or engineering services. An organization offering design-build services with its own employees who are design professionals licensed to practice in Nebraska must comply with the Engineers and Architects Regulation Act by procuring a certificate of authorization to practice and/or engineering. | |
| NH | • The Department of Administrative Services is authorized to use design-build for any capital projects that are subject to approval of the capital budget overview committee. (N.H. RSA §§ 21-1:80) • The DOT is authorized to use design-build on projects that do not exceed $25 million. (N.H. RSA §§ 228:4(c)) • Design-build projects in excess of $25 million are permitted if the department demonstrates that the concept benefits the state more than conventional methods. (N.H. RSA §§ 228:4(d)) • Local governments have the authority to use design-build. (N.H. RSA §§ 21-1: 80) | DOT Procurement Process: Selection to be based on objective standard and measurable criteria for evaluation of proposals. | Architects and engineers must be licensed to perform design services. N.H. RSA §§310-A: 38 through 45, 310-A: 12 through 19. |
| NJ | • Design-build is permitted on transportation projects. (N.J. Stat. § 27:25-11) • Design-build is permitted on public-private partnership projects at State Colleges. (NJSA 18A:64-85). • Local governments are authorized to use design-build; the New Jersey Schools Development Authority is authorized to use design-build. (N.J.A.C. 19:36-3.3) | Architect and engineers must be licensed to perform design services. | |
| NM | • Design-build is authorized on public works (excluding road and highway construction) on projects in excess of $10,000,000. The contractor is selected during a two-phase process based on ranking. Unsuccessful short listed firms may receive a stipend to cover proposal expenses. (NMSA §§ 13-1-119.1) • Road and Highway with a maximum allowable cost of $50 million may use design-build if funded by grants from the ARRA Act of 2009. (NMSA §§ 13-1 -119.2) • CM @ Risk is authorized on educational facility projects. (NSMA §§ 13-1-124.2 -124.5) | DOT Procurement Process: two-phase RFP process using best value, stipend to unsuccessful bidders. | Design-build team shall consist of an engineer or architect licensed in New Mexico and a contractor licensed in New Mexico. NSMA § 13-1 -119.1 - |
| NV | • State agencies and local governments may contract with a design-build team for the design and construction of a public work that is a discrete project, if the public body has approved the use of a design-build team for the design and construction of the public work and the public work is the construction of a park or appurtenances thereto, the rehabilitation or remodeling of a public building the construction of an addition to a public building, or the project has an estimated cost that exceeds $10,000,000. (NRS §§ 338.1711 - 338.1727) • Design-build is permitted on certain NDOT projects. NRS §§ 408.388 and 408.5471 - 408.549 set forth criteria for eligible projects and threshold project values. (NRS §§ 408.3875 - 408.3886; 408.5471 - 408.549) • Regional transportation authorities are permitted to use design-build on public private partnership projects. (NRS §§277A.280) • CM @ Risk is authorized for the construction of a specific capital improvement project to "expedite completion". (Chapter 13 Statutes of Nevada 2007 NRS§ 338.1717 (CM Agent)) | DOT Procurement Process: request for preliminary proposals followed by issuance by request for final proposals to "finalists"; award based on most cost effective and responsive proposal using criteria and weight assigned to each factor; preference for local contractors if not federally funded. | At least one person on a design-build team must be licensed as a general engineering contractor or a general building contractor. On public works, at least one person must hold a Certificate of Registration to practice architecture. On NDOT projects, members of the design-build team must possess the licenses and certificates required to carry out the functions of there respective positions in Nevada. NRS §§ 338.010(6); 408.3884 |
| NY | • Most public contracts are limited by Wicks Law. (see comments) • The Department of Transportation, Thruway Authority, Office of Parks, Recreation and Historic Preservation, Department of Environmental Conservation, and the Bridge Authority have design-build authority through December 2014. The projects must be in excess of $1.2 million. (New York Investment Act, December 2011) • Design-builds is authorized on State University Construction Fund projects. (NY CLS Educ §373) • New York City has the discretion in regards to it project delivery methods and is authorized to use design-build. | The Wicks Law requires separate prime contracts between the public entity and contractors providing the following three subdivisions of work:1) Plumbing and gas fitting,2) Steam heating, hot water heating, ventilating and air conditioning apparatus; and,3) Electric wiring and standard illuminating fixtures. While a separate prime contract with a general contractor or construction manager is allowed, it is impermissible to delegate all supervisory and coordinative work. Exceptions: a) Projects for the State University Construction Fund; b) Projects for the State Environmental Facilities Corporation; c) Construction of a county stadium in the county of Erie; and, d) Construction of a civic center in the county of Albany. | Only licensed architects and engineers to provide design-services. There is no statute specific to design-build licensing. |
| OH | • All state agencies, state institutions of higher education, counties, townships, municipal corporations, school districts, or other political subdivisions are authorized to use design-build.—HB 153 • ODOT is authorized to use design-build on projects totaling $1 billion annually. They are authorized to use "best value" on design-build projects and stipends. ODOT is authorized enter into 3P agreements.—HB 114 | Architects or engineers involved in a design-build project are certified to perform design services. Ohio Rev. Code §§ 4703.182, 4703.332, and 4733.161 | |
| OK | • Design-build and CM at Risk are not authorized without the approval of the Director of Central Services or his designee. These project delivery methods shall not be used for any project unless the project meets the criteria established by the administrative rules promulgated as required by this act. Such methods shall not be used unless there is a need for compressed construction time as required to respond to a natural disaster or other emergency situation affecting public health and safety, or all of the following criteria for designation are met: 1. The project benefits the public; 2. There is a need for cost control; and, 3. The need exists for specialized or complex construction methods. (61 O.S. § 202.1) • Municipalities, counties, public trusts or any other political subdivisions are not required to obtain approval of any other state agency in order to use construction management or at-risk construction management as a construction management delivery method. (61 O.S. § 202.1 (A)) | Architect and engineer must be licensed to perform design services 59 O.S. § 46.1 (architects) and 59 O.S. § 475.1 (engineers). | |
| OR | • Design-build is authorized on public projects; transportation and buildings. . DOT toll way projects. (ORS. §§ 383.005-383.017) • Procurement of bridges, highways and other transportation facilities are subject to DOT authority. (OR Rev. Stat. § 279A.050(3)(b)) | DOT Procurement Process: Award of toll contract either by -competitive process or by "private negotiation with one or more entities" or by a combination of competition and negotiation. Amount of the tolls and classification of the traffic using the toll way must be approved by the DOT. DOT contracts may be exempted from low bid requirements if the DOT finds that an exemption will not diminish competition and will result in substantial cost savings. | |
| PA | • Commonwealth agencies are authorized to use design-build. (62 PCSA § § 322(2)) • County governments are authorized to use design-build as a delivery method. (16 PSA § § 2317,5517) • The DOT is authorized to use design build on bonding projects in excess of $100 million. (75 PSA §9511) • Municipalities are not authorized to use design-build. | Design-build services strictly in accordance with the following practices: a design-build entity not authorized to practice under section 13(a) through (i) may offer design-build services if the architectural services in the design-build process are provided in accordance with the following: (i) An architectural firm which has been authorized to practice architecture in this Commonwealth under section 13(a) through (i) shall independently contract with a design-build entity and is responsible for all material aspects of the practice of architecture as defined in section 3. (ii) At the time a design-build entity offers a written design-build proposal for a specific project. (iii) The design-build entity shall give a written disclosure to the client stating an architect will be engaged by and will be contractually responsible to the design-build entity offering design-build services and will not be responsible to the client entity shall agree that the architect will have direct supervision of the architectural work. (iv) The contract between the design-build entity and the client shall set forth the name of the architectural firm which will be contractually responsible to the design-build entity for providing architectural services. | |
| PR | • The Port Authority of the Americas is authorized to use design/build, design/build/operate, design/build/transfer/operate, and design/build/operate/transfer contracts. (23 LPRA § 2910) • The Secretary of Transportation and Public Works has discretion to use whatever project delivery method is advantageous for Puerto Rico. (9 LPRA § 2004a-2004c) | There are no licensing requirements for design-builders to hold an Architects or Engineers License. | |
| Rl | • The state has the authority to utilize any type of contract, which will promote the "best interests" of the state. (RIGL 37.2.27 and 37.2.31) • Design-build and Construction management are authorized public works projects for all state agencies and the Howard Development Corporation, Water Resources, Board Corporation, Blackstone Valley Sewer District, Narragansett Bay Water Quality District, Convention Center Authority and the Channel 36 Foundation. (180 RIGL 13) • Design-Build is authorized on projects in excess of $2.5 million. (CRIR 10-05-004) | There is no design-build license or registration requirement for design-builders. All architects and engineers must be licensed to perform design services. RIGL § 5-1-7(b)- | |
| SC | • State law authorizes the following project delivery methods: o design-bid-build o construction management at risk, o operations and maintenance o design-build o design-build-operate-maintain o design-build-finance-operate-maintain (S.C. Code Ann §§ 11-35-3005) | DOT Procurement Process: Selection criteria shall include project cost and may include contractor qualifications, time of completion, innovation, design and construction quality or other related criteria. | There is no statute requiring a design-builder to hold either an Architect's or Engineer's License. |
| SD | • Design-build is authorized for all public agencies. (SDCLA § 15-18b-20) | DOT Procurement Process: Performance criteria on a project by project basis (assuming the DOT is a "public corporation") | There is no statute requiring a design-builder to hold either an Architect's or Engineer's License, but the design-builder must use a licensed architect or engineer to perform the design work SDCLA §36-18-11 |
| TN | • The DOT is authorized to use design-build for up to 15 projects in a fiscal year if the contract is less than $1 million and not more than 5 projects if the contract is in excess of $1 million; design-build projects in excess of $70 million must be included in the departments transportation improvement program submitted annually to the general assembly. (T.C.A. § 54-1-119) • Public Building Authorities are authorized to use design-build, construction manager, or CM at Risk. (T.C.A. §12-10-124(c), (d)) | Selection criteria shall include cost, qualifications, technical approach, staff availability, minority participation. Departments must file report with 'the Legislature on the effectiveness of design-build once three projects have been completed. | A corporation, partnership or firm offering architectural, engineering or landscape architectural service to the public may engage in the practice of architecture, engineering or landscape architecture in this state; provided, that at least one (1) of the principals or officers of the corporation, partnership or firm is in responsible charge of the practice and is registered as required in this chapter for architects, engineers and landscape architects or is otherwise by this chapter authorized to practice. The same exemptions shall apply to corporations, partnerships and firms as apply to individuals under this chapter. T.C.A. § 62-2-601 |
| TX | • Texas law permits state agencies to use design-build for the construction of public buildings, water and waste water facilities. Design-build is permitted on up to two DOT transportation projects per fiscal year in excess of $50 million: Authority expires August 31, 2015 (Tex. Transpo. Code 223.242) • Local governments are permitted to use design-build on public buildings without restriction for design-build authority for local water, wastewater projects. Local governments must have a population of 100,000 or more to enter into design-build contracts. There are also limitations on the number of design-build projects a locality can procure. Local governments with a population between 100,000 and 500,000 are limited to four design-build projects each fiscal year. Local governments with populations over 500,000 may award up to six projects in a fiscal year. --- Tex. Local Gov't Code Ann. Chapter 271, Subchapter H (local governments construction §§ 271.111 et seq.); Tex. Local Gov't Code Ann. 271, Subchapter J ("local governmental entity" civil works construction projects, Tex. Water Code § 60.454; • Municipally owned water utilities with separate governing boards appointed by the governing body of a municipality with a population over 500,000 may enter into two design- build project per fiscal year. Any additional design-build contracts would count toward the limitations of that municipality described in the previous paragraph- Tex. Water Code § 60.454; • In Texas, the selection is a two step process with RFQ and RFP phases. In both phases local governments may use best value design-build but qualifications based selection (QBS) is prohibited. • Local governments are required by law to select or designate an engineer independent of the design-build firm to act as its representative for the procurement process and throughout the project. If the engineer is not a full-time employee or staff member of the local government then the engineer must be selected on the basis of demonstrated competence and qualifications. • Authorizes all state agencies except the DOT and Institutes of Higher Learning; local governments, counties, school districts, and any other special district commission nto use any kind of procurement method that provides the best value, including design-build. This staute does not apply to highways, water/waste water, wharf, dock or any other civil engineering project—HB 628 • Relates to the creation of the public and private facilities and infrastructure authoring design-build.—SB 1048 | DOT Procurement Process-May Solicit proposals or accept unsolicited proposals; if an unsolicited proposal is received, DOT must request competing proposals and qualifications; selection is based on "best value". (Texas Gov't Code Ann. §§ 2166.251-2166.2531 (state construction)) | Various Statues require by definition that a design-build firm that contracts with a stated agency must include one licensed engineer or architect. |
| UT | • Design-build is authorized on DOT and Division of Facilities Management and Construction projects and Tollways. Design-build sunset for transportation projects is 7/1/15. Counties with a population in excess of 125,000 cities with a population of 100,000, public transit districts with a population in excess of 200,000 and airport authorities are authorized to use design-build on transportation projects in excess $50,000,000. (UCA §§ 63G-6-501-502, 503) • Counties, cities, towns, local taxing districts, and special service district may use design- build on park, recreational facility, pipeline, culverts, dams, canals, water, sewage, storm water or flood control projects in excess of $250,000. (UAC 11 -39-101 (7)) | DOT Procurement Process-Two-phase process use RFQ and short listing not prequalification. | |
| Virgin Islands | The Economic Development Authority is authorized to use design-build. (29 V.I.C. § 1107) | ||
| VA | • State agencies are authorized to use design-build. (Va. Code Ann. §§ 2.2-4306- 2.2-4308) • Counties, cities, towns are authorized to use design-build. (Va. Code Ann. §§ 33.1- 223.2;16) • Public Private Partnerships and Unsolicited Bids are authorized. (Va. Code Ann. §§ 2.2- 4301, 2.2-4306, 2.-2-4307, 2.2-4308, § 2.2-4301; § 30-278) | Architects and engineers must be licensed to perform design services. | |
| VT | • Design-build projects are authorized for use by the Department of Buildings and General Services. (29 V.S.A. § 161) • The Department of Transportation is authorized to use design-build using best value or low bid selection. (19 V.S.A. § 10) • CM at Risk is also authorized on DOT projects. | On design-build projects design work must be performed by architects and | |
| WA | • WA allows design-build for projects in excess of $10 million. RCW 39.10.300. Public entities who want to use design-build must be certified either by the Capitol Project Advisory Review Board or by the Project Review Committee as capable of self-determining the appropriate delivery method, or if the public entity is not certified, the PRC must approve the project. RCW 39.10.270-280. For pre-engineered metal buildings and parking garages, the public entity may utilize design-build regardless of the cost of the project. In addition, public entities may use design-build for projects between two and ten million dollars, subject to review by the PRC. RCW 39.10.300. The Alternative Procurement Statutes sunset on June • The state's general preference for competitive bids has several exceptions including emergencies and small works. In addition, general contractor/construction management contracts on projects in excess of $10 million may be awarded to "general contractors/construction manager" and two pilot projects for correctional facilities under $10 million have been authorized (RCW § 39.04.220). • WSDOT may use design-build for projects in excess of $10 million and for 5 pilot projects between $2 million and $5 million. RCW 47.20.780-785. | The Capitol Projects Advisory Review Board (CPARB) has established the Project Review Committee (PRC) to review and evaluate alternative procurement projects and public entities that are qualified to administer these projects. Appropriate design-build projects must meet the criteria established by the statute, and the public entity must either have in house or outside expertise in the appropriate alternative delivery method. DOT Procurement Process: Requires DOT to develop a process for awarding design-build contracts for projects over $10 million; this process must, at a minimum, include the scope of services, prequalification requirements, criteria for evaluating technical information and project costs, contractor selection criteria and issue resolution procedures. | RCW § 18.08.410 – the registration requirements for architects do not affect or prevent design-build construction by registered general contractors if the structural design services are performed by a registered |
| WI | • Design-build contracting is permitted only on a limited number of bridge projects. (WS § 84.11(5)(n)) • The Wisconsin Building Commission has is authorized to utilize "innovative" contracting practices when it is in the best interest of the state. (WS § 13.48(19)) | Two-phase competitive selection process; pre-qualification then proposals; evaluation criteria must include qualifications, quality, completion time and cost. | WS § 84.11(5n)(b)(1)-In order to be eligible to provide services under a design-build contract, the contractor must be pre-qualified as a design consultant and as a contractor. |
| WV | • All state departments, agencies, authorities, quasi-public corporations and all political subdivisions, including cities, counties, boards of education and public service districts are authorized to use design-build. (W. Va. Code §§ 5-22A-1-11) • W.Va. Division of Highways is limited to no more than thirteen (13) projects by 2011, and may spend up to $75 million per year for an aggregate of $150 million over three years. (W. Va. Code§ 17-2D-2) • Continues design-build highway pilot program to June 2013 | DOT Procurement Process: Award shall be based on low-bid or value-based selection process combining technical qualifications and competitive bidding elements. Award shall be based on low-bid or value-based selection process combining technical qualifications and competitive bidding elements. | Each design-build contractor must be a licensed engineer or architect or a general contractor. |
| WY | • All state, city, county, and local governments are authorized to use design and construction management delivery methods. (Wyo. Stat. § 6.6.101-107) |
All state agencies are authorized to use design-build. (MSA§§ 383B.158 - 383B.1585)