HB 383 -- State Procurement

Sponsor:  Green

This bill requires the Director of the Division of Design and
Construction to recommend to the General Assembly those projects
for which the use of the design-build procurement process is
appropriate.  Regulations for the management of the design-build
process may be adopted by the division.  A design criteria
consultant may be employed or retained by the division.  The
director must determine the scope and level of detail required
to permit qualified persons to submit proposals.  Notice of
request for proposals must be advertised.

The director must solicit proposals in a three-phase process.
Phase I is the solicitation of qualifications of the design--
build team.  Phase II is the solicitation of a technical
proposal including conceptual design for the project.  Phase III
is the proposal of the construction cost.  Requirements for each
phase  are outlined in the bill.

A stipend must be paid to qualified design professionals as an
inducement to submit proposals.  The amount must be established
in the request proposal.  The state acquires a nonexclusive
right to use the design submitted by the proposer and the
proposer has no further liability for its use by the state.  If
the design-build proposer desires to retain all rights and
interest in the design proposal, the proposer forfeits the
stipend.

Any person or corporation that enters into a design-build
contract with the division for public construction does not
violate the requirements of professional license requirements so
long as professional services are performed by licensed
employees, a licensed person under contract, or a corporation
under contract that holds a current certificate.

Any person or corporation that enters into a design-build
contract for public or private construction is exempt from
professional license requirements as long as the professional
services are performed by licensed persons who are not employees
of the design-build contractor, or the services are performed by
corporations that hold current certificates of authority from
the board.

A design-build contract is defined as a contract between the
division and a design-builder to furnish the architecture of
engineering and related design services required for a given
public construction project, and to furnish the labor,
materials, and other construction services for such public
project.