State | Transportation Agencies with Authority | Citation for Statutory Design-Build Authority | DOT Procurement Process |
1. AK | Authorization for all agencies for projects using state funds | ALASKA STAT. § 36.30.200 | Competitive sealed proposals if appropriate findings are made; otherwise, competitive sealed bids. |
2. AZ | Authorization for State Transportation Board; pilot projects by DOT | ARIZ. REV. STAT. §§ 28-7361, 7363, 7364 and 7365 | 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. |
3. CA | Authorization for transit agencies, certain cities and counties | CAL. PUB. CONT. CODE §§ 20209.5 and 20133 | N/A. |
4. CO | Authorization for DOT | COLO. REV. STAT. §§ 43-1-1401 et seq. | Two phase process: pre-qualification then proposal; any appropriate basis for award if basis is described in RFP; preference to Colorado residents, however if this may cause denial of federal funds then Department will suspend preference for residence 43-1-1406; adjusted scoring if commission approves; award is to proposal providing best value to Department. |
5. DE | Public-private initiative authorization allowing authorization for Secretary to solicit design-build proposals | DEL. CODE ANN. tit. 2, § 2003 | Proposals solicited through RFP; Department authorized to assess non-refundable proposal review fee not to exceed $50,000; each proposal weighed on its own merits and ranked according to selection criteria; only highest ranking proposal shall be selected. |
6. FL | Authorization for DOT for buildings, major bridges and rail corridor projects | FLA. STAT. ANN. § 337.11(7) | Governed by rules adopted by Department (specifically allows shortlisting, request for proposals and award based on technical criteria) |
7. HI | Authorization for all governmental bodies to use competitive sealed proposal procurement process | HAW. REV. STAT. § 103D-303 | Allows discussions with offerors within competitive range; award to most advantageous offer |
8. ID | Legislation stating that State agencies are not prohibited from using design-build | IDAHO CODE § 67-2309 | None itemized |
9. IL | Specific authorization for Regional Transportation Authorities | 70 ILL. COMP. STAT. 3615/4.06(b)(2) | N/A |
10. KS | Authorizes DOT to use design-build methodology for innovative pavement management demonstration projects | KAN. STAT. ANN. §§ 68-214a, §§75-5801 et seq. | Multi-phase evaluation process |
11. KY | Authorizes all state agencies to enter into design-build contracts | KY. REV. STAT. §§ 45A.180 et seq. | Three-phase multi-factor selection process |
12. LA | Authorization for DOT to implement a pilot program for one design-build project not to exceed $5 million | LA. REV. STAT. ANN. § 48:250.2 | Pursuant to rules adopted by DOT |
13. ME | Authorization for DOT | ME. REV. STAT. ANN. tit. 23, § 753-A | Low-bid award or best-value award. Best value award should be submitted to the Department in two components -technical and sealed price proposal |
14. MD | Authorization for capital projects; has been used for light rail | MD. CODE ANN., STATE FIN. & PROC. § 3-602(g)(1) | N/A |
15. MA | Authorization for Department of Highways to enter into Development Agreement for Route 3 North Authorization for Mass Bay Transportation Authority | 1999 Mass. Act 53 2000 Mass. Act 125 | 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 |
16. MN | Authorization for streets, highways, bicycle paths, bicycle trails and pedestrian facilities, light rail transit facilities and DOT projects | MINN. STAT. ANN. § 473.3993 MINN. STAT. ANN. § 160.262 MINN. STAT. ANN. § 161.3410 | DOT authorized to procure design-build contracts using either a two-step best value selection process or a low bid process, not to exceed 10% of DOT contracts each year; light rail contracts may be awarded on the basis of the RFQ or RFP without bids |
17. MO | Authorization for the State Highways and Transportation Commission to enter into design-build contracts | MO. REV. STAT. § 227.107 | Rules not yet adopted |
18. MT | Authorization for DOT to use alternative procurement process | MONT. CODE ANN. § 60-2-111, 112, 135-137. | Award by means other than competitive bidding is allowed if special circumstances so require and are specified in writing. DOT may award up to $20 million in design-build contracts under the pilot program |
19. NV | Authorization for public bodies and DOT for projects that exceed $30,000,000; may also be used for projects over $5,000,000 that meet certain criteria | NEV. REV. STAT. §§ 338.1711-338.1727 and 408.3875-408.3887 | Request for preliminary proposals followed by issuance of 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 |
20. NH | Projects authorized to use design-build by the State capital budget | N.H. REV. STAT. ANN. § 228:4(I)(f) | Selection to be based on objective standard, measurable criteria for evaluation |
21. NM | Authorization for Highway Department pilot program | N.M. STAT. ANN. §§ 13-1-111 and 13-1-119.1 | Two-phase process: shortlisting followed by evaluation of technical cost proposals schedule. Phase Two: proposals evaluated on technical concepts or solutions, costs and scheduling; awarded to highest ranking firm. Note: statute that allowed use of design-build for highway projects sunsetted on 7/1/03 |
22. NC | Authorization for DOT Authorization for Turnpike Authority to use alternative procurement process | N.C. GEN. STAT. § 136-28.11;N.C. GEN. STAT. § 136-89.180 et seq. (enacted by 2002 N.C. Sess. Laws 133, H.B. 644) | None itemized. Requires determination by the Department of Transportation 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 |
23. OH | Authorization for DOT and counties | OHIO REV. CODE ANN. §§ 5517.011; § 5543.22. | Requires design-build procurements to be competitively bid |
24. OR | Authorization for DOT toll-way projects | OR. REV. STAT. §§ 383.005 et seq. | Department may award any (tollway) contract under a competitive process or by private negotiation or any combination of competition and negotiation; factors considered are: cost, design quality, structural integrity/maintenance, aesthetics, traffic, safety, small business participation, financial stability & experience |
25. PA | Authorization for Department of General Services | 62 PA. CONS. STAT. §§ 103 and 322(2) | N/A |
26. SD | General authorization for public corporations | S.D. CODIFIED LAWS § 5-18-26 et seq. | Performance criteria on a project by project basis (assuming the DOT is a "public corporation") |
27. TN | Authorization for municipal building authorities | TENN. CODE ANN. § 12-10-124 | N/A |
28. TX | Comprehensive development agreement authorization for TxDOT, Texas Turnpike Authority (a division of TxDOT), and regional mobility authorities | TEX. TRANSP. CODE ANN. ch. 227, 370 & 361. | May solicit proposals or accept unsolicited proposals. Selection is based on "best value" |
29. UT | Authorization for transportation agencies including the DOT | UTAH CODE ANN. § 63-56-36.1; UTAH ADMIN. CODE R916-3 | Two phase process, pre-qualification then proposals; after considering price and other identified factors, award is to proposal which is most advantageous to the state |
30. VA | Authorization for limited number of DOT contracts; general authorization for other state agencies | VA. CODE ANN. §§ 2.2-4303, 2.2-4306 and 33.1-12 | Award to be based on objective criteria adopted by Commonwealth Transportation Board; objective criteria to include requirements for pre-qualification and competitive bidding |
31. WA | Authorization for DOT for projects over $10 million;; authorization for other public bodies for projects over $12 million | WASH. REV. CODE §§ 39.10.051 (effective until July 1, 2007) and 47.20.780 | DOT to "develop a process for awarding competitively bid highway construction projects" |
32. WI | Authorization for specific bridge projects | WIS. STAT. ANN. §§ 84.11(5n) et seq. | Two phase competitive selection process; pre-qualification then proposals; evaluation criteria must include qualifications, quality, completion time and cost |