Federal Legislation:
DBIA continues to advocate including design-build language in 2007 federal appropriations bills, particularly for Veterans Affairs and Military Construction, US Department of Agriculture, and US Housing and Urban Development. DBIA staff met with USDA staff in June to discuss specific language.
State Legislative Update:
Recently, design-build bills were signed into law in Florida, Louisiana, North Carolina, and Texas.
On June 15, 2007, Florida Governor Crist signed into law a bill (HB 1489) that makes certain changes to provisions regarding award of design-build contracts for surveying or mapping services by certain governmental entities. For a construction-management or design-build contracts, if the public owner does not include in the bond amount the cost of design or other non-construction services, the bond may not be conditioned on performance of such services or payment to persons furnishing such services.
On June 15, 2007, Texas governor Perry signed into law HB 1886. It will become effective in September 2007. The new law authorizes state agencies, county and municipal governments, and specified special districts (public entities) to award contracts for specified public projects using integrated project delivery methods, or a project delivery method in which there is a contractual agreement between an agency and a single contract bidder for the design, construction, alteration, operation, repair, improvement, demolition, maintenance, or financing, or any combination of these services, for a public project.
On July 11, 2007, Louisiana Governor Blanco signed SB 121 into law (Act No. 373). The new law authorizes a political subdivision to execute design-build contracts in the construction or repair of any public building or structure or other public work in an area where a gubernatorial declared state of emergency exists.
North Carolina HB 1138 became law on June 19, 2007. The new law allows the use of design-build for schools in Union County, North Carolina.
The 2007 legislative session has been particularly successful for DBIA. Several states have progressed to allowing design-build for public procurement by all agencies, including Colorado, Texas, Washington, and Wyoming (previously no authorizing law).
New Bill Introduced:
DE SB 148:
This bill amends the FY2007 Bond Bill to eliminate certain ambiguities in the provisions permitting the Department of Transportation to use the design-build procurement method on an experimental basis. The new language defines how a design-build procurement system works and applies Federal standards for such contracts. It also provides assurances that certain standard provisions for large public works contracts, including the prevailing wage laws and contract security provisions for the state, subcontractors, and suppliers, will be included in these contracts, in keeping with Department practices. In addition, the bill specifically addresses the upcoming Indian River Inlet Bridge project, and provides for an award process for that project that is the design-build equivalent of a best value contract methodology.
INFO: DBIA (www.DBIA.org)