SB 748 - This act authorizes "design-build" contracts in certain instances.

The Director of the Division of Design and Construction may determine that a design-build procurement process is necessary for any particular project based upon criteria set out in the act. The Division may hire a consultant to prepare proposals, review documents, decide disputes and make inspections. Design- build proposals are evaluated by a team composed of at least two representatives of the Division, two representatives of the agency that is to use the finished building and a chairman appointed by the Director of the Division.

Proposals may be solicited in three phases: Phase I involves soliciting of qualifications so that design-builders may be pre-qualified. The top five qualifiers will be asked to participate in phase II, in which they submit their design for the project. In phase III, the design-build contractors shall submit cost proposals.

The Division shall pay those submitting unsuccessful Phase II proposals for their technical submission and the Division may subsequently use the design. This section of the bill is similar to SB 320 (2001).

This act also allows MoDOT to enter into one interstate highway design-build pilot project within 10 years of the effective date of this act. The commission must establish a written procedure by rule for prequalifying design-builders before they will be allowed to submit a project proposal. The commission may issue requests for bid to up to 5 prequalified design-builders. The commission will make all final decisions regarding performance of work under the contract. The commission may promulgate rules to implement these provisions. The commission must submit a report to the General Assembly and Governor following the award of the design-build project as well as subsequent annual reports. If the commission fails to receive at least two submissions from qualified design-builders, the submissions shall not be opened and the project shall be readvertised.

The act allows persons or corporations (architects, engineers and land surveyors) who are not licensed or do not hold a certificate under Chapter 327, RSMo, to enter into agreements to design and build projects for public or private entities without being licensed in Missouri. The person or corporation cannot hold itself out as being able to perform those services and the actual work must be performed by persons licensed or by corporations holding a certificate to provide architectural, engineering or land survey services. This portion of the bill is similar to SB 229 (2001) and to SCS/HB 288 (2001).
CINDY KADLEC