Washington, DC — It is altogether fitting that our conference issue this year focuses on the increasingly sophisticated approach of public sector owners and the new opportunities offered for enterprising design-builders. Yet regulations, political constraints, and cultural outlooks vary greatly across different jurisdictions. What lessons do these diverse experiences teach us about completing design-build projects more effectively?
Feature Stories. Our cover story this month explores the recent experience of the Minnesota Department of Transportation (MN DOT) in completing a $237.7 million design-build project, the largest highway contract ever developed by the agency. Terry Ward (MN DOT) and Doug Jackson (HDR) relate some of the challenges and lessons learned in this best-value, design-build effort.
The Texas Department of Transportation Turnpike staff provides an overview of their efforts to respond to the state’s immediate and long-term transportation needs. Design-build delivery can play a critical role in developing the Trans-Texas Corridor (TTC), a major element of the state’s transportation strategy.
Donald Frankland (Maryland Army National Guard) and Mark Austin (Pennsylvania Army National Guard) provide a detailed and candid overview of the Army National Guard’s experience to date in implementing a design-build strategy. Even with the best of intentions, the transition from a traditional approach to design-build can be challenging, as “proven” management approaches and cultural assumptions may limit more innovative thinking.
Until recently, the District of Columbia had little experience in using design-build for upgrade and maintenance of its transportation infrastructure. Dan Tangherlini (District Department of Transportation, DDOT), Muhammed Khalid, (DDOT), Thomas Topolski (Parsons), and Prakash Patel (Parsons) emphasize the close communication between the design-build team and the District stakeholders in successfully undertaking a recent major project involving roadway upgrades, reconstruction, and resurfacing.
Public sector contracting and delivery present some unique challenges for design-builders. Michael Littlejohn (Wickwire Gavin) discusses some of the new security standards in place for new construction. He reviews the special requirements for obtaining a “facility clearance” for receiving and using sensitive government information. Steven Briggerman and Jamison Weinbaum (both from Seyfarth Shaw) draw our attention to recent changes in the Federal Acquisition Regulation (FAR) that affect the requirements for adequate and enforceable bid bonds. The authors view the new FAR regulation as a positive step in simplifying the bid process for design-builders. Finally, Philip White and David Kiefer (both from Sills Cummis Epstein & Gross) look at tort liability under different delivery approaches. They explain how contracts can be structured to limit potential damages in a well-crafted design-build contract.
Other issues. In this month’s Editorial Forum, General Charles Williams (Department of State) discusses the new commercial best practices that he has instituted for the Overseas Building Operations (OBO). One of the key elements has been to convert OBO’s primary acquisition strategy to design-build.
I want to draw your attention to DBIA Board Director Bennett Greenberg’s take on the government’s current and future use of design-build contracting in Board Reflections. Please take a look at the insightful comments by Edmund Caplicki (Wickwire Gavin) on design-build and the False Claim Act in November’s Legal Briefs and Bill Quatman’s (Shughart Thomson & Kilroy) discussion of unethical business practices in The Ethics Advisor. We also review key 2005 design-build legislation in our Legislative Update.
Next issue. The December issue will highlight some of the challenges and best practices emerging from our national effort to upgrade our educational facilities. I can think of few more pressing issues than how we can best provide better classrooms, dormitories, laboratories, and other educational components for the next generation of students. From K-12 through university facilities, there is no shortage of challenging projects to be completed, often with severe time and budget constraints.
Good reading to you.
Richard A. Belle
Vice President
Public Affairs/Information
Design-Build DATELINE Editor