State

Statute

Provision

Alaska

Alaska Stat. §36.30.200; §36.30.990.

The state procurement code authorizes competitive sealed proposals, defines design-build and authorizes design-build contracts for all state agencies.

Arizona

Ariz. Rev. Stat. Ann. §§28-7361 et seq.

Authorize the transportation department to use the design-build method of project delivery. The statutes prohibit the department from entering into a contract to operate any structure or facility under the design-build provisions. Each design-build agreement must be for a specific single project.

Section 28-7364 lists specific criteria to determine when design-build is appropriate. These include the extent to which the department can define the project requirements, time constraints for project delivery, the capability and experience of the potential design-build teams and other criteria. Section 28-7365 defines specific solicitation methods that must be used for design-build proposals and criteria for selecting a design-builder.

Arkansas

Ark. Stat. Ann. §27-67-206

Authorizes the State Highway Commission to establish written procedures and regulations for procuring design-build services and administering design-build contracts for new high-way construction projects. The statute allows the commission to receive solicited and unsolicited proposals for design-build construction projects from a design-builder and to award design-build contracts. The commission may contract with a design-builder for an unlimited number of contracts if no state money is used, but is limited in the number of contracts with a design-builder if state revenues are used.

California

Cal. Pub. Cont. Code §§20209.5 et seq.

Authorizes transit operators to enter into transit design-build contracts. Describes in detail the process that must be used for each design-build project and provides specific criteria for evaluating design-build proposals. Section 20209.10 includes requirements for design-builders, including bonding and errors and omissions insurance coverage. The statute allows transit operators to establish minimum performance criteria and design standards for quality, durability, longevity, life-cycle costs and other standards. Transit operators that award design-build contracts must submit a report to the legislative analyst's office that includes project details.

Colorado

Colo. Rev. Stat. §§ 43-1-1401 et seq.

Authorizes the Department of Transportation to enter into design-build contracts and to use an adjusted score design-build selection and procurement process for particular transportation projects, regardless of the minimum or maximum cost of such projects, based on the individual needs and merits of such projects, and subject to approval by the Transportation Commission.

Allows the department to include warranty provisions in any design-build contract that requires maintenance of the completed product. The statute also includes criteria for awarding design-build projects, public notice requirements, and general procedures for soliciting and awarding proposals.

Delaware

Del. Code Ann. tit. 2, §2003

This section, which is part of the state's larger public-private partnership initiative statute, authorizes the Delaware Department of Transportation to enter into agreements with private entities for projects using in whole or in part private sources of financing involving all or a portion of the study, planning, design, construction, leasing, financing, operation and maintenance of transportation systems; or the repair, and/or expansion, leasing, financing, operation and maintenance of existing transportation systems; or any combination of these functions. The statute contains specific eligibility criteria and procedures for developing proposals.

Florida

Fla. Stat. Ann. §337.11(7)

Authorizes the transportation department to combine the right-of-way services and design and construction phases of any project into a single contract, except for a resurfacing or minor bridge projects, the right-of-way services and design and construction phases of which may be combined under §337.025. The statute includes guidelines for rules and procedures to administer design-build agreements and procedures for accepting proposals.

Georgia

Ga. Code §32-8-81

Authorizes the transportation department to use the design-build contract method for certain transportation projects when it is in the public interest. Such projects cannot begin until title to the necessary rights-of-way have vested in the state or local government entity. The statute requires the transportation department to adopt procedures for administering design-build contracts, including prequalification requirements, public advertisement procedures, scope of service requirements, letters of interest requirements and requests for proposals.  It includes criteria for selecting and awarding design-build contracts.

Idaho

Idaho Code §67-2309

Authorizes the design-build construction method in contracts for the construction, repair or improvement of public works, public buildings, public places or other work. The statute defines a design-build contract as a contract between a public entity and a nongovernmental party in which the nongovernmental party contracting with the public entity agrees to both design and build a structure, roadway or other item specified in the contract.

Illinois

Ill. Rev. Stat. ch. 70, §3615/4.06(b)(2)

Authorizes regional transportation authorities to use design-build contracting methods for transportation facilities. It includes criteria for soliciting and evaluating design-build proposals.

Kentucky

Ky. Rev. Stat. §45A.180 et seq.

Gives the secretary of the Finance and Administration Cabinet authority to develop regulations guiding the design-build contract process for capital projects. It includes requirements for design-build proposals and criteria for the selection of proposals. The secretary may develop procedures for a multi-phased proposal that is based on qualifications, experience, technical requirements, the guaranteed maximum price and other criteria.

Louisiana

La. Rev. Stat. Ann.  §48:250.2 et seq.

Section 250.2 authorizes the state Department of Transportation and Development, with legislative approval, to develop a pilot program to test the cost-effectiveness of design-build contracting for transportation projects. The statute limits legal challenges to the selection of design-build projects and restricts cost increases by design-builders for projects under contract.

Section 250.3 provides specific requirements for design-build contracts and the qualifications of design-build entities. It also includes procedures for publicly announcing design-build proposals and bids and defines the selection process for bid awards.

Section 250.4 authorizes the Department of Transportation and Development, with legislative approval, to use the design-build contracting method for transportation infrastructure projects in areas affected by a hurricane, including those areas where infrastructure is adversely affected by increased population and traffic as a result of the hurricane. Compliance with the provisions of §48:250.3 when selecting a design-build entity under this section is mandatory.

Maine

Me. Rev. Stat. Ann. tit. 23, §753-A

Authorizes the Department of Transportation to use design-build contracting to deliver projects.  The DOT may evaluate most proposals on a best value or low-bid basis, although projects involving substantial engineering judgment must be evaluated on a best-value basis.  The statute allows the DOT to require that design-build firms be prequalified and includes specific requirements for design-build proposals.  It includes standards for low-bid and best-value awards and indicates the process for resolving procurement disputes.

Maryland

Md. State Fin. & Proc. Code Ann. §3-602(g)

Authorizes design-build and fast-track construction methods for capital projects by state agencies.  The statute defines design-build as a single solicitation to design and build the facility.  Fast-track allows the design and construction to be implemented concurrently.

Massachusetts

Mass. Gen. Laws Ann. ch. 149A, §14 et seq.

Authorizes state agencies to use design-build contracting for construction, reconstruction, alteration, remodeling or repair of public works projects with cost estimates that exceed $5 million.  By statute, the Massachusetts Highway Department, the Massachusetts Port Authority and the Massachusetts Water Resources Authority are exempt from requirements that each design-build contract be submitted to the inspector general for approval.  Instead, the inspector general must annually approve procedures developed by these agencies for the procurement and use of design-build.

Minnesota

Minn. Stat. Ann. §473.3993;

§160.262; §161.3410 et seq.

Section 473.3993 authorizes the commissioner of transportation to use a design-build method of project development and construction for light rail transit. Absent any law to the contrary, the commissioner may award a design-build contract on the basis of requests for proposals or requests for qualifications without  bids.  "Design-build method of project development and construction" is defined by the statute as a project delivery system in which a single contractor is responsible for both the design and construction of the project and bids the design and construction together.

Section 160.262 authorizes the acceptance of performance-specification bids, made by the lowest responsible bidder, for constructing design-build bridges for bicycle paths, bicycle trails and pedestrian facilities that are: 1) designed and used primarily for nonmotorized transportation, but may allow for motorized wheelchairs, golf carts, necessary maintenance vehicles and, when otherwise permitted by law, rule, or ordinance, snowmobiles; and 2) located apart from any road or highway or protected by barriers, provided that a design-built bridge may cross over and above a road or highway.

Sections 161.3410 et seq. authorize the transportation commissioner to solicit and award design-build contracts for transportation projects on a best value selection basis.  The projects can be awarded only by use of a two-step competitive process involving public solicitation.  The number of design-build contracts awarded for transportation projects cannot exceed 10 percent of the total number of transportation construction contracts awarded by the commissioner in the previous fiscal year. The commissioner must notify the chairs of the Senate and House of Representatives committees with jurisdiction over transportation policy and transportation finance each time the commissioner decides to use the design-build method of procurement and explain why that method was chosen.  Use of design-build contracting is subject to state law regarding municipal consent.

The statutes contain general and specific criteria for using design-build projects.  They also contain public notice requirements for design-build projects, proposal and selection criteria, and requirements for design-builders.

Mississippi

Miss. Code Ann. §65-1-85

Authorizes the transportation department to use design-build contracting for projects for the Mississippi Development Authority, a limited number of projects with an estimated cost of less than $10 million, and a limited number of projects with an estimated cost exceeding $50 million.  The statute requires the department to keep detailed records about design-build projects and to submit a report to the Legislature that compares design-build contracting with the low-bid contracting method.

Missouri

Mo. Rev. Stat. §227.107

Authorizes the highways and transportation commission to enter into three design-build project contracts before 2012. The statute authorizes the commission to issue RFPs to a maximum of five prequalified design-builders and includes other specific requirements for design-build proposals, contract content and criteria for awards. Requires the commission to submit status reports to the legislature and the governor regarding design-build projects.

Montana

Mont. Code Ann. §§60-2-111, 112, 135-137

Section 60-2-135 authorizes design-build contracting for a limited number of projects from April 1, 2003, through Dec. 31, 2008. The total number of projects authorized cannot exceed $20 million, and the transportation department must submit a comparative benefit analysis of design-build to the governor and the Legislature. Section

60-2-136 requires the director of the transportation department to appoint a design-build contracting board to establish criteria for project selection and make recommendations for evaluating and selecting proposals. Section 60-2-137 contains specific requirements for soliciting and evaluating design-build proposals.

Nevada

Nev. Rev. Stat. §§338.1711 et seq.; §§408.3875 et seq.

Sections 338.1711 et seq. authorize design-build contracting for public works projects with estimated costs that exceed $100,000. The statutes includes specific qualifications for design-build contractors and procedures for advertising and awarding contracts.

Sections 408.3875 et seq. specifically authorize design-build contracting for highway projects, including construction, reconstruction or improvement with an estimated cost that exceeds $20 million. The statutes also authorize one project per year with an estimated cost that exceeds $5 million but is less than $20 million. The design-build contracting method can be used only if it enables the transportation department to lower project costs, lowers the time requirements for project completion, or ensures that the design and construction of the project is properly coordinated, if the project is unique, highly technical and complex in nature. This section contains specific requirements for design-build teams and procedures for advertising, submitting, evaluating and awarding design-build proposals.

New Hampshire

N.H. Rev. Stat. Ann. §228:4(I)(c)

Authorizes design-build contracting for projects with costs that don't exceed $5,000,000. Selection of design-build projects must be based on an objective standard and measurable criteria for evaluation of the proposals. The commissioner shall report the results of any statewide transportation improvement program project using the design build concept to the capital budget overview committee within 90 days after the completion of the project.

New Mexico

N.M. Stat. Ann. §13-1-119.1

Statute specifically excludes highway and road projects from the design-build authorization.

North Carolina

N.C. Gen. Stat. §136-28.11

Authorizes a specific number of design-build contracts for transportation projects through 2009. Allows design-build contracts of any amount, but the transportation department must ensure that design-build contracts are awarded on a basis to maximize participation, competition and cost benefit. For each design-build contract, the transportation department must determine that the delivery must be expedited and that it is not in the public interest to comply with normal design and construction contracting procedures. The department must present information to the legislature about design-build projects with costs estimated to exceed $100 million.

Ohio

Ohio Rev. Code Ann. §5517.011; §5543.22

Section 5517.011 authorizes the state transportation department to use design-build for highway and bridge projects. The statute requires the director to prepare and distribute a scope of work document upon which the bidders shall base their bids. The total number of design-build contracts authorized under this section cannot exceed $250 million each biennium.

Section 5543.22 authorizes county engineers to combine the design and construction elements for highway, bridge and safety projects into a single contract. The cost for design-build contracts authorized under this section cannot exceed $1.5 million.

Oregon

Or. Rev. Stat. §§383.005

Authorizes the Department of Transportation to enter into design-build contracts for toll-way projects.

Pennsylvania

Pa. Cons. Stat. tit. 62 §§ 103 and 322(2)

Title 62 section 103 defines design-build contracting. Section 322 authorizes the use of design-build contracting methods.

South Carolina

S.C. Code Ann. §57-5-1625

Authorizes the transportation department to award highway construction contracts using a design-build procedure. The design-build contract provides for the design, right-of-way acquisition, and construction of a project by a single entity. The design-build contract also may provide for the maintenance, operation or financing of the project. The agreement may be in the form of a design-build contract, a franchise agreement, or any other form of contract approved by the department. Selection criteria shall include the cost of the project and may include contractor qualifications, time of completion, innovation, design and construction quality, design innovation, or other technical or quality related criteria.

South Dakota

S.D. Codified Laws Ann. §5-18-26 et seq.

Authorize public corporations to enter into design-build contracts for public improvement projects. Section 5-18-26 requires the state Bureau of Administration to establish procedures for design-build proposals and awards. Each design-build contract must contain performance criteria. Design-builder must be prequalified and meet certain criteria for prequalification. The statutes contain specific requirements for evaluating and accepting proposals.

Tennessee

Tenn. Code Ann. §12-10-124

Requires a request for proposal process for design-build contracts.

Utah

Utah Code Ann. §63-56-502

Authorizes the state transportation department and other transportation agencies to award design-build contracts for projects with an estimated cost of at least $50 million. A public transit district with more than 200,000 people residing in its borders also may award a design-build contract. The statute contains specific requirements for design-build proposals and awards.

Virginia

Va. Code §2.2-4303; §2.2-4306; §33.1-12

Section 2.2.-4306 authorizes design-build contracts. Procurement for design-build projects must go through a two-step process, with procedures developed by the secretary of administration.

Section 33.1-12 authorized design-build for transportation projects. However, the statute was effective only until Oct. 1, 2005.

Washington

Wash. Rev. Code §39-10.051; §47.20.780; §47.20.785; §47-60-810 et seq.

Section 39-10.051 is a general authorization that allows certain state agencies to use design-build contracting. This section contains criteria for design-build projects and some procedures for advertising and awarding contracts.

Section 47.20.780 requires the Department of Transportation to develop a process for awarding competitively bid highway construction contracts for projects over $10 million that may be constructed using a design-build procedure. The process developed by the department must, at a minimum, include the scope of services required under the design-build procedure, contractor prequalification requirements, criteria for evaluating technical information and project costs, contractor selection criteria, and issue resolution procedures. This section expires April 30, 2008.

Section 47.20.785 limits design-build to projects over $10 million where the construction activities are highly specialized and a design-build approach is critical in developing the construction methodology; or the project selected provides opportunity for greater innovation and efficiencies between the designer and the builder; or significant savings in project delivery time would be realized.  This section expires April 30, 2008.

Section 47.60.810 et seq. authorizes the purchase of new auto ferries through a design-build contracting method.

Wisconsin

Wis. Stat. Ann. §§84.11 (5n) et seq.

Authorize the use of design-build contracting for bridge construction. Design-build contracts under this section must be selected through a competitive process and must be approved by the U.S. Department of Transportation and the governor. By October 2004, the state transportation department was required to submit a report to the Legislature describing the effectiveness of design-build contracting under this section.