05 HB 530/AP
House
Bill 530 (AS PASSED HOUSE AND SENATE)
By:
Representative Smith of the
129th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia
Annotated, relating to the Department of
Transportatiońs
power to contract, so as to revise the criteria for design-build contracts
entered into by the department; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating
to the Department of
Transportatiońs
power to contract, is amended by striking subsections (b), (d), and (f) of Code
Section 32-2-81, relating to criteria for design-build contracts, and inserting
in their respective places the following:
"(b)
The department may use the design-build procedure for buildings, bridges and
approaches, rail corridors, and limited or controlled access projects or
projects that may be constructed within existing rights of way where the scope
of work can be clearly defined or when a significant savings in project delivery
time can be attained
and when
the estimated bid cost does not exceed $10
million."
"(d)
The department shall adopt by rule procedures for administering design-build
contracts. Such procedures shall include, but not be limited to:
(1)
Prequalification requirements;
(2)
Public advertisement procedures;
(3)
Scope of service requirements;
(4)
Letters of interest requirements;
(5)
Request for proposals. Requests for proposal shall include the applicable
percentage to be applied to each evaluation criterion and the relative weight to
be assigned to each;
(6)
Criteria for evaluating technical information and project costs;
(7)
Criteria for selection and award process, provided that the rules shall specify
that the criteria for selection shall consist of the following minimum two
components:
(A)
A statement of qualifications from which the department will determine a list of
qualified firms for the project; and
(B)
From the list of qualified firms as provided in subparagraph (A) of this
paragraph, a price proposal from each firm from which the department shall
select the
lowest,
most responsive
qualified
bidder; provided, however, that a proposal will only be considered nonresponsive
if it does not contain all the information and level of detail requested in the
request for proposal. A proposal shall not be deemed to be nonresponsive solely
on the basis of minor irregularities in the proposal that do not directly affect
the ability to fairly evaluate the merits of the proposal. Notwithstanding the
requirements of Code Section 36-91-21, under no circumstances shall the
department use a 'best and final offer' standard in awarding a
contract;
and. The
department may provide for a stipulated fee to be awarded to the short list of
qualified proposers who provide a responsive, successful proposal. In
consideration for paying the stipulated fee, the department may use any ideas or
information contained in the proposals in connection with the contract awarded
for the project, or in connection with a subsequent procurement, without
obligation to pay any additional compensation to the unsuccessful
proposers;
(8)
Identification of those projects that the department believes are candidates for
design-build contracting, with the understanding that in general this type of
contract should have minimal right of way or utility issues which are
unresolved; provided, however, the failure of the department to identify such
projects does not prevent the department from using design-build contracting in
extraordinary circumstances including emergency work, unscheduled projects, or
where loss of funding might occur; and
(8)(9)
Criteria for resolution of contract issues.
The department
may adopt a method for resolving issues and disputes through negotiations at the
project level by the program manager up to and including a dispute review board
procedure with final review by the commissioner or his or her designee.
Regardless of the status or disposition of the issue or dispute, the
design-builder and the department shall continue to perform their contractual
responsibilities. The department shall have the authority to suspend or provide
for the suspension of Section 108 of the
department́s
standard specifications pending final resolution of such contract issues and
disputes. This paragraph does not prevent an aggrieved party from seeking
judicial
review."
"(f)
In contracting for design-build projects, the department shall be limited to
contracting for no more than
$100
million per fiscal year
15 percent of
the total amount of construction projects awarded in the previous fiscal
year."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.